Agenda item

Planning Reference – 231422

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Planning Officer:  Alex Ferguson

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 demolition of existing building and re-development of site to include change of use to form a mixed-use of 4 business units (class 4), 2 ancillary cafe/restaurant units (class 3) with drive thru takeaway (sui generis), electric vehicle charging hub, car parking, soft landscaping and associated works, at Alba Gate, Stoneywood Park Aberdeen, be refused for the following reasons:-

The proposed development would incorporate a drive-through lane associated to one of the Class 3 units. Policy 27 (City, town, local and commercial centres), criterion (d) of National Planning Framework 4 (NPF4) states that drive-through developments will only be supported where they are specifically supported in the Local Development Plan. The Aberdeen Local Development Plan 2023 (ALDP) has no provision for drive-through developments, therefore the proposed drive-through aspect of the proposed development is contrary to Policy 27 of NPF4.

Furthermore, the proposed drive-through would encourage customers to travel to the site by car, rather than by more sustainable and active modes of transport. Whilst there would likely be a proportion of custom arising from passing trade captured by the drive-through, it is reasonable to expect that the new food & drink drive-through use would also generate new vehicular trips in itself. As such, and given customers of the adjacent EV charging hub would be unlikely to utilise the drive-through lane (instead entering the premises on foot whilst their cars charge), it is considered that the drive-through lane would not be necessary to support the viability of the EV charging hub, would not sufficiently minimise travel to the site by private car and would therefore also not minimise greenhouse gas emissions, contrary to the aims and requirements of Policies 1 (Tackling the climate and nature crises), 2 (Climate mitigation and adaptation) and 13 (Sustainable transport) of NPF4 and Policy T2 (Sustainable Transport)  of the Aberdeen Local Development Plan 2023.

The Committee heard from Alex Ferguson, Senior Planner, who spoke in furtherance of the application and answered various questions from members.

The Committee then heard from Dr Bill Harrison, speaking on behalf of the local Community Council and Mr David Barr.  They both spoke in support of the application and asked that it be approved.

The Committee then heard from Elaine Farquharson-Black, speaking on behalf of the applicant and was supported by various individuals involved with the proposed application.

The Convener moved, seconded by the Vice Convener:-

That the Committee refuse the application in line with the recommendation.

Councillor Farquhar, seconded by Councillor Clark, moved as an amendment:-

          That the application be approved for the following reasons:-

Minded to approve for the reasons given to support the Class 3, Class 4 and EV charging element so the proposal given in the Committee report and, in relation to the drive thru element, the following reasons.

Despite the non-compliance of the drive-through lane associated to Class 3 Unit 2 with Policy 27 of National Planning Framework 4, and the tension with Policies 1, 2 and 13 of National Planning Framework 4, and Policy T2 of the Aberdeen Local Development Plan (ALDP), the provision of the drive-through lane is necessary in order to enable the commercial viability of the Electric Vehicle charging hub, which would provide wider community benefits in relation to encouraging the use of more sustainable forms of private vehicular transport and which is a significant factor weighing in favour of the application. The Class 3 uses would also, despite not complying with Policy B1 of the ALDP, provide new food & drink facilities for the benefit of the local community.

Conditions to be delegated to officers but to include a condition requiring the EV charging units to be brought into use prior to first operation of the drive thru element of the proposal.

On a division, there voted – for the motion (4) – the Convener, the Vice Convener and Councillors Copland and Macdonald – for the amendment (4) – Councillors Blake, Clark, Farquhar and Lawrence.

There being an equality of votes, in terms of Standing Order 32.7 the Convener used his casting vote in favour of the motion.

The Committee resolved:-

to adopt the motion and therefore refuse the application.