Agenda item

Planning Reference – 230704

 

All documents associated with this application can be found at the following link and enter the refence number above:-

 

Link.

 

Planning Officer:  Matthew Easton

 

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-

 

That the application for Detailed Planning Permission for the replacement of Aberdeen Market (including redevelopment of 91-93 Union Street) with mixed use development including retail (class 1A), food and drink (class 3), leisure (class 11), and landscaping / public open space including proposed pedestrian link from Union Street to The Green, and associated works, at the site of the former Aberdeen Market and 91-93 Union Street, Aberdeen, be approved subject to the following conditions:-

 

Conditions

 

(01)  DURATION OF PERMISSION

 

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

 

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

 

PRE-COMMENCEMENT OF OVERALL DEVELOPMENT

 

(02)  GEO-ENVIRONMENTAL INVESTIGATION

 

No development shall take place unless a scheme to deal with any contamination that may exist within the site has been submitted to and approved in writing by the planning authority. The scheme shall follow the procedures outlined in Planning Advice Note 33 (Development of Contaminated Land) and shall be conducted by a suitably qualified person in accordance with best practice as detailed in BS10175 (Investigation of Potentially Contaminated Sites - Code of Practice) and other best practice guidance and include (i) an investigation to determine the nature and extent of contamination; (ii) a site-specific risk assessment; and (iii) a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  Thereafter, the development shall not be brought into use unless (i) any long term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority is being undertaken and (ii) a report has been submitted to and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the site have been carried out, unless the planning authority has given written consent for a variation.

 

Reason – to ensure that the site is fit for its proposed use and to avoid any unacceptable risks to human health and the environment.

 

(03)  ARCHAEOLOGY

 

No development shall take place unless there has been submitted to and approved in writing by the planning authority an archaeological written scheme of investigation (WSI) and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works.

 

Should the archaeological works reveal the need for post excavation analysis, the development hereby approved shall not be brought into use unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details.

 

Reason – to safeguard and record the archaeological potential of the area.

 

(04)  DRAINAGE

 

No development shall take place unless a further detailed scheme has been submitted to and approved in writing by the planning authority which specifies the proposals for the disposal of foul and surface water drainage.

 

Thereafter, the development shall not be brought into use unless the development has been implemented in accordance with the approved scheme and is available for use.

 

Reason – to safeguard water quality and to ensure that the development can be drained.

 

(05)  SERVCE AREA – ACCESS

 

No development shall take place unless a swept path analysis for the internal service yard has been submitted to and approved in writing by the planning authority. The swept path analysis must demonstrate that the type of vehicles which are expected to use the area can enter and exit it satisfactorily.

 

Reason – to ensure road safety is not compromised.

 

(06)  NO. 6 MARKET STREET

 

No development shall take place unless there has been submitted to and approved in writing by the planning authority a scheme for the reinstatement of the façade of No. 6 Market Street. The scheme shall include detailed specifications featuring –

·         1:10 elevation and section drawing detailing the proposed façade to Market Street elevation shopfront including the new column details and positioning of the balustrade

·         1:10 elevation and section showing how the new building will abut 6 Market Street;

·         a specification and sample of stone for the stone forming the new columns.

·         details of the primary structural steel support at the rear and in goes of the façade

·         details of fixings

·         details of mortar

·         a methodology for the take down and rebuilding of the façade

 

Thereafter development shall be undertaken in accordance with the approved scheme and unless otherwise agreed in writing the development shall not be brought into use unless the façade has been reinstated in accordance with the approved scheme.

 

Reason – to ensure an appropriately high quality, customised detailing commensurate with the civic scale and setting of the proposal.

 

(07)  PREVENTION OF BIRD ROOSTING AND LOAFING

 

No development shall take place unless there has been submitted to and approved in writing by the planning authority a scheme to minimise the ability of birds to use the roofs and other parts of the building for nesting or loafing.

 

Thereafter, unless a written variation has been approved by the planning authority, the development shall not be brought into use unless the approved scheme has been implemented and is operational.

 

Reason – to minimise the nuisance from birds and to control the visual impact of any mitigation measures.

 

(08)  LOW AND ZERO CARBON GENERATING TECHNOLOGIES

 

No development shall take place unless there has been submitted to and approved in writing by the planning authority a scheme detailing compliance with Policy R6 (Low and Zero Carbon Buildings, and Water Efficiency) and associated Aberdeen Planning Guidance (or any superseding policy or guidance covering the same matter) of the Aberdeen Local Development Plan with regards to low and zero carbon generating technologies.

 

Thereafter, the development shall not be brought into use unless the approved scheme has been implemented and measures are available for use.

 

Reason – to ensure the development complies with requirements for reductions in carbon emissions.

 

PRE-COMMENCEMENT OF PARTICULAR ELEMENTS OF DEVELOPMENT

 

(09)  EXTERNAL FINISHING MATERIALS (MAIN BUILDING)

 

No development relating to the external finishing materials of the main building shall take place unless there has been submitted to and approved in writing by the planning authority a scheme which details the design and material specification for all external parts of the main building. The scheme shall include –

A)             Detailed design specification of all materials to be used on the external areas of the building.

B)             Elevational drawings clearly showing which materials are to be used on each part of the building.

C)            1:20 construction drawings, showing the size of granite cladding panels to be used.

D)            1:20 construction drawings, showing the detailing of points where there would be a change in the surface finishes (for example where glazed sections meet granite-clad sections).

E)             Detailed design specification of the custom ceramic frit design proposed for the curtain wall glazing.

F)             Detailed design specification of the custom artwork pattern proposed for the metal screening and totems.

 

Thereafter, the development shall be finished in accordance with the approved scheme unless a written variation has been approved by the planning authority.

 

Reason – to ensure appropriately high quality, customised detailing commensurate with the civic scale and setting of the proposal.

 

(10)  EXTERNAL FINISHING MATERIALS (91-93 UNION STREET)

 

No development relating to the external finishing materials of 91-93 Union Street shall take place unless there has been submitted to and approved in writing by the planning authority a scheme specifying the design and material specifications of the Union Street and East Green elevations of the development. The scheme shall include –

A)           Detailed design specification of all materials to be used on the external areas of the building.

B)           Elevational drawings clearly showing which materials are to be used on each part of the building.

C)           Detailed design specification of the entrance canopy.

D)           Detailed design specification of the metal entrance gates.

E)           Detailed design specification of the internal structural support for the glass façade.

F)           Detailed design specification of the glazing arrangements, including dimensions of the glass panes.

G)          Detailed design specification of the custom ceramic frit design proposed for the curtain wall glazing.

H)           1:20 construction drawings, showing the detailing of points where the glass façade would abut the adjacent buildings.

 

Thereafter, the development shall be finished in accordance with the approved scheme unless a written variation has been approved by the planning authority.

 

Reason – to ensure an appropriately high quality, customised detailing commensurate with the civic scale and setting of the proposal.

 

(11)  EXTERNAL HARD LANDSCAPING MATERIALS

 

No development in relation to the external hard landscaping shall take place unless there has been submitted to and approved in writing by the planning authority a scheme detailing the design and the material specification of all external hard landscaping areas for the proposed development. The scheme shall cover –

1. the entrance area between the building and Market Street

2. the external events space

 

Thereafter, unless a written variation has been approved by the planning authority, the development shall not be brought into use unless the development has been finished in accordance with the approved scheme.

 

Reason – to ensure an appropriately high quality, customised detailing commensurate with the civic scale and setting of the proposal.

 

PRE-OCCUPATION

 

(12)  ODOUR IMPACT ASSESSMENT

 

No part of the building shall be brought into use for the purposes of class 3 (food and drink) use, or otherwise used for the cooking of hot food, unless there has been submitted to and approved in writing by the planning authority an odour impact assessment. The scheme shall be carried out by a competent person, in line with relevant guidance for example, the EMAQ guidance document ‘The Control of Odour and Noise from Commercial Kitchen Exhaust Systems’ (or equivalent as suitably demonstrated) and associated references. The assessment must include (but not be limited to) –

·         an odour risk assessment based on the specific type and level of cooking activities to be undertaken,

·         necessary extract rates and an explanation of how they have been established;

·         prediction of the impacts at the nearest sensitive receptors and

·         any required mitigation measures to; extract filter, neutralise, and disperse cooking fumes produced at the premises.

·         demonstration of the effectiveness of any mitigation measure.

 

Thereafter, the development shall not be brought into use unless the mitigation measures have been implemented in accordance with the approved scheme and are operational.

 

Reason – to surrounding uses from cooking odours.

 

(13)  NOISE MITIGATION

 

No part of the building shall be brought into use unless there has been submitted to and approved in writing by the planning authority a noise assessment considering the impact on nearby residential properties (existing and consented) of noise from mechanical plant associated with the development. This assessment should:

·         Be in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note.

·         Identify the likely sources of noise associated with the proposed development, including any equipment necessary to address the impact of cooking odours;

·         Detail the noise mitigation measures to reduce noise from the likely noise sources to an acceptable level to reasonably protect the amenity of the occupants of the existing neighbouring residences.

·         The methodology for the noise assessment should be submitted and agreed in writing with this Service in advance of the assessment

 

Thereafter, the building shall not be brought into use unless any identified mitigation measures have been implemented and are operational.

 

Reason – to protect residential properties from noise associated with the development.

 

(14)  WATER EFFICIENCY

 

No part of the building shall be brought into use unless there has been submitted to and approved in writing by the planning authority a scheme detailing compliance with Policy R6 (Low and Zero Carbon Buildings, and Water Efficiency) and associated supplementary guidance (or any superseding policy or guidance covering the same matter) of the Aberdeen Local Development Plan with regards to water efficiency measures. The scheme should consider the advice provided in CIRIA publication C723 (Water sensitive urban design in the UK) and specify the measures proposed to incorporate water saving technology into the development.  Thereafter, the building shall not be brought into use unless the approved scheme has been fully implemented and identified measures are available for use.

 

Reason – to help avoid reductions in river water levels, which at times of low flow can have impacts on freshwater pearl mussel, one of the qualifying features of the River Dee Special Area of Conservation (SAC).

 

(15)  EXTERNAL LIGHTING STRATEGY

 

No part of the building shall be brought into use unless there has been submitted to and approved in writing by the planning authority a scheme for the external lighting.  The scheme shall include details of all external lighting of the building and its external areas, and any internal lighting designed to form part of the external elevation (for example lighting behind fritted glass).  Thereafter, unless a written variation has been approved by the planning authority, the development shall not be brought into use unless the approved scheme has been implemented and is operational.

 

Reason – to ensure the development is satisfactorily integrated into the surrounding area.

 

(16)  SERVICE AREA

 

No part of the building shall be brought into use unless the service area (including parking spaces) has been constructed and laid out in accordance with HFM drawing AMKT-HFM-ZZ-00-PL-A-02 100 (Rev.B) (or other such drawing as agreed for the purpose) and is available for use.  Thereafter (i) no waste storage containers shall be stored outside the building other than when required to be available for collection, and (ii) the parking spaces shall be used for no purpose other than for the parking of vehicles belonging to those working at or visiting the building.

 

Reason – to ensure there is sufficient space for the storage of waste and parking for service vehicles.

 

(17)  ACCESIBLE PARKING SPACE

 

No part of the building shall be brought into use unless a scheme showing the location within the vicinity of the development of at least one accessible parking space for blue badge holders has been submitted to and approved in writing by the planning authority.  Thereafter, unless otherwise agreed in writing with the planning authority, the building shall not be brought into use unless

(i)            the accessible parking space has been constructed and/or marked out and is available for use and any associated signs or road markings have been implemented, and

(ii)          a traffic regulation order (TRO) is in place to restrict the use of the parking spaces to blue badge holders only.

 

Reason – to ensure the development is as accessible as possible to those with a disability.

 

(18)  CYCLE PARKING

 

No part of the building shall be brought into use unless a scheme has been submitted to and approved in writing by the planning authority showing –

(i)             the locations of short stay cycle parking facilities within the external area of the development or within the vicinity of the development; and

(ii)          a suitable level of long-stay staff cycle parking facilities within the internal area of the development.

 

Thereafter, unless otherwise agreed in writing with the planning authority, the building shall not be brought into use unless all cycle parking in the approved scheme has been provided and is available for use.

 

Reason – to encourage travel to and from the development by bicycle.

 

(19)  ONLINE TAKEAWAY DELIVERY DRIVER PARKING

 

No food service unit shall be brought into use unless a scheme of parking for online takeaway delivery drivers has been submitted to and approved in writing by the planning authority. The scheme shall show the location of reserved parking spaces within the vicinity of the development which can be used by delivery drivers collecting takeaway food from the development.

 

Thereafter, unless otherwise agreed in writing with the planning authority, no food service unit shall be brought into use unless

(i)            the reserved parking spaces have been constructed and/or marked out and are available for use and any associated signs or road markings have been implemented, and

(ii)          a traffic regulation order (TRO) is in place to restrict the use of the parking spaces to such users.

 

Reason – to minimise the potential for indiscriminate parking within the vicinity of the development.

 

ONGOING CONTROL

 

(20)  RESTRICTION ON CLASS 11 (ASSEMBLY AND LEISURE) USE

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) and the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended), the uses permitted within Class 11 (Assembly and Leisure) do not include dance hall, discotheque (better now known as night club) or casino.

 

Reason – to ensure as far as possible that the building offers an active frontage with uses which are active during the day and which contribute to the vitality and viability of the city centre.

 

(21)  SERVICING HOURS

 

Service deliveries or collections at the building by heavy goods vehicles shall be restricted to 07:00 to 21:00 Monday to Saturday and 09:00 to 21:00 on Sundays, unless otherwise agreed in writing by the planning authority.

 

Reason – to prevent any adverse impact on amenity because of deliveries and servicing occurring at unsociable hours.

 

(22)  EXTERNAL TERRACE OPERATING HOURS

 

The external terrace located at first floor level shall not be used outside the hours of 07:00 to 23:00.

 

Reason – to prevent any unreasonable disturbance to the occupiers of nearby residential properties from the use of the terrace at unsociable hours.

 

The Committee heard from Matthew Easton, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.

 

The Committee resolved:-

to approve the application conditionally with condition 12 amended to read:-

 

(12) ODOUR IMPACT ASSESSMENT

 

No part of the building shall be brought into use for the purposes of class 3 (food and drink) use, or otherwise used for the cooking of hot food, unless there has been submitted to and approved in writing by the planning authority an odour impact assessment. The scheme shall be carried out by a competent person, in line with relevant guidance for example, the EMAQ guidance document 'The Control of Odour and Noise from Commercial Kitchen Exhaust Systems' (or equivalent as suitably demonstrated) and associated references. The assessment must include (but not be limited to) -

·         an odour risk assessment based on the specific type and level of cooking activities to be undertaken;

·         necessary extract rates and an explanation of how they have been established;

·         prediction of the impacts at the nearest sensitive receptors and 

·         any required mitigation measures to; extract filter, neutralise, and disperse cooking fumes produced at the premises; and

·         demonstrate of the effectiveness of any mitigation measure.

 

Thereafter, the development shall not be brought into use unless the mitigation measures have been implemented in accordance with the approved scheme and are operational.

 

Reason - to protect surrounding uses from cooking odours associated with the development