Planning Reference – 231371
All documents associated with this application can be found at the following link and enter the refence number above:-
Planning Officer: Lucy Greene
Minutes:
The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-
That there be a willingness to approve the application conditionally, subject to referral to the Scottish Ministers due to SEPA objection, for Planning Permission in Principle for proposed business /industrial development (Class 4/5/6); road infrastructure; active travel connections; landscaping and environmental works including drainage and other infrastructure, at land at Coast Road, St Fittick's Park/Gregness Headland/ Doonies Farm Aberdeen.
Conditions
(1) LENGTH OF PERMISSION
That applications for the approval of all matters specified in conditions of the Planning Permission in Principle hereby approved must be made before whichever is the latest of the following dates:
a) The expiration of ten years beginning with the date of this planning permission in principle;
b) The expiration of six months from the date on which an earlier application (Matters Specified in Condition) for the requisite approval was refused or dismissed following an appeal or review.
In relation to any matter under part (b) above, only one application for approval of matters specified in conditions may be made after the expiration of the planning permission in principle.
The development of a subsequent phase hereby granted shall be begun before the expiration of two years from the final approval of the matters specified in conditions or, in the case of approval on different dates, the final approval of the last such matters to be approved.
Reason: to ensure compliance with section 59 (planning permission in principle) of the Town and Country Planning (Scotland) Act 1997 (as amended).
ST FITTICK'S / Zone A (as defined on Illustrative Masterplan Visualisation 2366907
(2) USE AND FUNCTIONAL ASSOCIATION WITH HARBOUR
That the development sites and buildings in St Fittick’s/Zone A shall not be used other than for uses that support renewable energy transition related industries in association with Aberdeen South Harbour and that have a functional association with the Aberdeen South Harbour, which precludes them from being located elsewhere such as the size of the infrastructure preventing transport from other locations or requiring ‘roll on / roll off’ level access to the South Harbour. Details of such a functional association and preclusion shall be set out in a statement as part of any application for Matters Specified in Conditions (MSC) for approval by the planning authority.
Reason: in accordance with the Opportunity Site description for OP56 and Policy B5 in the Aberdeen Local Development Plan 2023 (or subsequent plan) as land adjacent to the Aberdeen South Harbour is a finite resource justifying restricting its uses with the functional locational requirement. The quayside location for such development is the justification for development within the floodplain.
(3) PROVISION OF COAST ROAD UPGRADE
That no development within St Fittick's/Zone A shall be occupied unless the Coast Road upgrade works (known as Aberdeen South Harbour Link Road: External Links to Aberdeen South Harbour | Aberdeen City Council (as per application 240620/DPP or a subsequently approved related planning permission) are substantially complete and the road open to vehicular, foot and wheeled traffic, unless otherwise agreed in writing with the planning authority following submission of an access strategy and the implementation of:
a) Works to complete any missing links in safe walking and cycling routes
In either case there shall be implemented :
b) measures to prevent vehicular traffic associated with the construction and operation of the site from using routes through nearby residential areas
Both a) and b) above shall be in accordance with details submitted to, and approved in writing by, the planning authority by way of an application for matters specified in condition.
Reason: In the interests of residential amenity, public health and safety.
(4) PHASING
That no development shall take place within the St Fittick’s/ Zone A, unless a phasing plan has been submitted to and approved in writing by the planning authority, by way of a formal matters specified in condition application. Development shall not take place other than in accordance with any such approved plan, or other as is subsequently approved through this condition. The phasing plan shall include the relative timings of:
a) The erection of buildings on each individual plot including SUDS, car parking and other associated infrastructure and landscape planting;
b) The new/replacement section of St Fittick’s Road / Coast Road through St Fittick's/Zone A ;
c) The realignment of the East Tullos Burn, off site/on-site water quality enhancement and landscaping;
d) On-plot landscaping;
e) On-site (boundary of PPP application) tree and landscape planting;
f) Off-site compensatory and mitigatory tree and landscape planting;
g) Provision of off site/on-site play equipment, including skate park, pump park and upgrade of existing play equipment;
h) Provision of replacement for existing MUGA equipment (west of Waste Water Treatment Works);
i) Parklets within residential areas (off-site mitigation);
j) Provision of replacement green space and/or qualitative improvements to brown or green space (off-site mitigation);
k) Provision of footpaths (on and off-site) including Tullos Gateway;
l) Provision of measures from detailed Biodiversity Protection and Enhancement Plan to be agreed through condition 9;
m) Measures identified within the Public Transport Access Strategy.
- All in accordance with details indicated in the approved plans listed below and approved as part of this application.
Reason: In order to control and co-ordinate delivery of essential mitigations for the development.
(5) DESIGN, LAYOUT, SITING, MASSING
That no development of any individual plots / units shall take place unless a matters specified in conditions application has been submitted to the planning authority for the details listed below.
a) A description of the proposed use(s), including in relation to the Use Classes Order;
b) Elevational design and layout of all built structures, including external materials, boundary enclosures and external lighting, with details of measures to avoid light spill into adjoining areas to protect wildlife;
c) Cross sections through the site as necessary showing the proposed height of buildings, and site levels as proposed with an indication of the levels as existing, including a cross section through St Fittick’s Church and the realigned St Fittick’s Road and northern site area if within the St Fittick's/Zone A;
d) Existing and proposed topographical survey plans;
e) Details of cut and fill operations;
f) Details of external finishing materials, including any green walls and samples where requested by the planning authority.
g) Site plan and details of vehicle, motorcycle and short and long term cycle parking, yards, electric vehicle charging points, pedestrian routes and other hardstanding external storage and surface water drainage features, identifying the use of all external spaces.
h) Details of refuse storage areas and swept path analysis showing access for refuse collection vehicles
i) Layout and finish of roads and access junctions onto the adopted road network, including details of any direct access and integration between any individual plot and Aberdeen South harbour via a managed crossing of the Coast Road;
j) Enabling works and infrastructure.
Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).
(6) CYCLE PARKING AND OTHER PRE-OCCUPATION REQUIREMENTS
That the use of any individual unit shall not take place unless the matters listed below have been provided in accordance with plans that have been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application:
a) Cycle parking on site (long stay and covered);
b) Core paths, and informal footpaths on and off-site, including an active travel link between Core Path 108 and Core Path 103, to ensure that a direct link is provided to Wellington Road;
c) Vehicle parking in accordance with a parking strategy;
d) Electric Vehicle charging;
e) Surface water drainage systems (SuDS);
f) High-speed communications infrastructure;
g) Refuse storage facilities.
Unless otherwise agreed in writing with the planning authority.
Reason: In the interests of encouraging sustainable and active travel and to avoid surface water flooding.
(7) REALIGNMENT OF ST FITTICK’S/COAST ROAD
The northern development site in St Fittick's/Zone A (area to north of East Tullos Burn) shall not be occupied unless the realigned St Fittick’s/Coast Road within Zone A is substantially complete and is open to foot, wheeled and vehicular traffic (or other such road arrangement to the satisfaction of the planning authority), in accordance with detailed plans that have been submitted to and approved in writing by the planning authority by way of a matters specified in condition application.
Reason: In the interests of road safety and to ensure that development related traffic is routed via the Coast Road.
(8) DETAILS OF EAST TULLOS BURN WORKS
That no development shall take place within St Fittick’s Zone A unless the details listed below have been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application (the implementation of these works shall be controlled by condition 4 on phasing):
a) Restoration design for the Burn to include a natural meandering course;
b) Details of dimensions of the burn channel and buffer zones throughout length of Burn within the PPP application site;
c) Details of how park users would access the burn for recreational purposes;
d) Detailed plans and technical information showing the de-silting pond or other measures to improve water quality;
e) Buffers to be a minimum of 6m wide to each side of Burn.
- all in accordance with the Natural Heritage APG.
Reason: In the interests of the water environment and biodiversity mitigation and enhancement.
That no development shall take place of any individual plot / unit unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application a detailed Biodiversity Protection and Enhancement Plan related to that plot/unit based on the principles and measures described in the BPEP Version 5, June 2024 and the ETZ Masterplan and including the requirements of Policy NE3: Natural Heritage in the adopted Aberdeen Local Development Plan 2023, or such other as is subsequently adopted.
The measures identified in the BPEP shall be implemented fully in accordance with the phasing plan agreed under condition 4.
Reason: To ensure biodiversity mitigation and enhancement in accordance with Policy NE3 and the ETZ Masterplan.
(10) LANDSCAPING SCHEME
That no development to any individual plot / unit pursuant to the planning permission hereby approved shall take place unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site and off site areas to be included as mitigation and compensation. Such a scheme shall include indications of all existing trees, hedges and landscaped areas on the land, and details (numbers and area of woodland) of those to be removed and any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting on-site and off-site including details of numbers, densities, locations, species, sizes and stage of maturity at planting.
Reason: In order to ensure adequate protection for the trees on site during the construction of the development and mitigate, compensate and enhance the tree coverage in the area.
(11) LANDSCAPE PLANTING AND MAINTENANCE
All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme agreed through Condition 10 and shall be completed during the planting season immediately following the commencement of the development or as otherwise agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.
In addition, prior to the commencement of the implementation of the approved scheme, detailed proposals for a programme for the long term management and maintenance of all the approved landscaped and open space areas within the development shall be submitted for the further written approval of the Planning Authority. Thereafter, all management and maintenance of the landscaped and open space areas shall be implemented, in perpetuity, in accordance with the approved programme.
Reason: To ensure the implementation of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and to ensure that the landscaping is managed and maintained in perpetuity.
(12) FLOOD RISK ASSESSMENT
That no development shall take place unless there has been submitted to and agreed in writing by, the planning authority by way of a matters specified in conditions application, a detailed Flood Risk Assessment (FRA) based on the Kaya FRA V3 March 2024 and the development shall not be operational unless the recommendations have been implemented in full and are fully operational on site.
Reason: In order to avoid flood risk and pollution of the water environment in accordance with Policy NE4 of the LDP 2023.
(13) PUBLIC TRANSPORT ACCESS STRATEGY
That no development shall take place to any individual plot unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application a Public Transport Access Strategy and Travel Plan with the aim of increasing access to public transport options.
Reason: To increase access to public transport.
(14) TRANSPORT ASSESSMENT
That no development shall take place to any individual plot unless there has been submitted to and agreed in writing with the planning authority by way of a matters specified in conditions application a Transportation Assessment of the impact on the local network and junctions on the A956 Wellington Road and in Torry and access strategy including a strategy for abnormal loads, in accordance with an agreed scope. Thereafter the development shall not be brought into use unless any recommendations of transport assessment and access strategy have been implemented in accordance with a timetable submitted to and approved through a MSC application.
Reason: In the interests of road safety.
(15) HEIGHT OF BUILDINGS
That no buildings on the site shall exceed the heights indicated on the Land Use and Development Capacity Plan (16 July 2024) above existing ground level (AOD) unless otherwise agreed in writing with the planning authority following submission of a justification including photomontage viewpoints via a Matters Specified in Conditions application. Existing ground levels on a sloping site shall be taken to be the lowest level of ground within the building footprint.
Reason: In the interests of visual amenity and to minimise the impact of the development on landscape character.
(16) CEMP
That no development shall take place to any individual plot unless there has been submitted to and approved in writing by the planning authority by way of a MSC application a detailed Construction Environmental Management Plan, including but not limited to, dust management, surface water management, ecological clerk of works and other measures noted within a detailed Biodiversity Protection and Enhancement Plan. Construction shall not take place other than in full accordance with the CEMP as so agreed unless otherwise agreed in writing by the planning authority.
Reason: To prevent pollution and damage to environment and wildlife.
(17) SURFACE AND FOUL DRAINAGE
No development shall take place to any individual plot unless a matters specified in conditions application comprising a detailed scheme for surface water drainage and foul water drainage has been submitted to and approved in writing with the Planning Authority. The scheme shall include:
a) A detailed drainage plan for the relevant phase of development, including full details of the proposed means of disposal of surface water from the development, including how surface water run off shall be addressed during construction, as well as incorporating the principles of pollution prevention and mitigation measures.
b) A scheme for the connection of buildings to the public waste water system has been submitted to and approved in writing by the Planning Authority.
c) Details showing how drainage infrastructure will cross/crosses underneath the railway line.
Thereafter development shall be implemented in accordance with the agreed scheme and no building shall be used unless connection has been made to the public wastewater network in accordance with the approved details.
SUDS measures for sites adjoining the Tullos Burn corridor shall be located adjacent to the burn unless otherwise agreed in writing with the planning authority.
Reason: in order to ensure adequate protection of the water environment from surface water run-off and maximise the visual, landscape and biodiversity benefits of SUDS measures. In the interests of rail safety.
(18) NOISE
That no development shall take place to any individual plot unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application an appropriate noise assessment by a suitably qualified consultant to predict the impact on sensitive receptors and specify control measures. The assessment should be undertaken in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note. (The methodology should be submitted and agreed in writing with the Environmental Protection Team in advance.)
The use shall not take place unless the recommendations of the noise assessment have been implemented in full and are fully operational, unless otherwise agreed in writing with the planning authority.
Reason: In the interests of the amenity of nearby residents and occupiers.
(19) AIR QUALITY
Development shall not take place to any individual plot unless there has been submitted to and approved in writing by the planning authority an appropriate air quality assessment by a suitably qualified consultant to predict any impact on sensitive receptors and specify control measures, unless otherwise agreed with the planning authority based on the proposed use. (The methodology should be submitted and agreed in writing with the planning authority in advance.)
The use shall not take place unless the recommendations of the air quality impact assessment have been implemented in full and are fully operational, unless otherwise agreed in writing with the planning authority.
Reason: In the interests of public health.
(20) MITIGATIONS
That no development shall take place to any individual plot within St Fittick’s / Zone A unless there has been submitted to, and approved in writing by, the planning authority by way of a matters specified in conditions application, details of the proposed mitigations for that development plot. (It is expected that all the listed mitigations, or similar as agreed based on the approved drawings, would be implemented for development of Zone A and they are split proportionately between the plots within the zone.). Mitigation works shall be carried out in accordance with the timing agreed in condition 4 (Phasing) above.
Details shall include a description of community consultation that has taken place on the proposed mitigations, and location, layout and elevational plans as required, details of materials, planting, seed mixes and maintenance of landscaped spaces.
a) Improvements to existing green and brownfield open spaces within Torry / Balnagask; as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
b) St Fittick’s Church interpretation and repair works - details to include Conservation Management Plan and plans of interpretation board(s); as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
c) Path network enhancements and wayfinding features in St Fittick’s Park inside and outside the site – details to include schedule of works to the paths as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
d) Improving water quality in East Tullos Burn – details to be agreed through condition 8 as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
e) Tullos Wood – access and pathway improvements, including more direct and legible entrance(s) and landscaping; as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
f) Enhancing play and recreational equipment and areas, based on the list of off-site mitigation and compensation on the ‘Illustrative Play and Recreation Masterplan Visualisation – Zone A Oct 2024 2391330’ which includes enhancement / extension to the existing skate park and provision of ‘pump’ track – details to include specifications and layout plans.
g) Enhancing habitats with pollinator planting and management for biodiversity; as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
h) Replacement sports pitch at Tullos Primary School playing fields and enhancing recreational and leisure provision to complement existing Multi Use Games Areas (MUGA); as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
i) Enhancement to coastal path connections leading northwards to Torry Battery and south via Gregness. as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
Reason: To provide mitigation for loss of greenspace, recreational facilities, paths and path space; in accordance with Policies NE2 and NE3 in the LDP 2023 and the ETZ Masterplan.
(21) PROGRAMME OF ARCHAEOLOGICAL WORKS
No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application 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.
(22) PROTECTIVE FENCING DURING CONSTRUCTION
No works in connection with the development hereby approved shall commence unless a site protection plan has been submitted to and approved in writing by the planning authority. by way of a matters specified in conditions application. Site protection measures shall be shown on a layout plan accompanied by descriptive text and shall include:
a) The location of the historic environment features to be protected during construction works; and
b) The position and details of the warning signs and protective fencing to be erected.
No works in connection with the development hereby approved shall commence unless the site protection measures have been implemented in full in accordance with the approved details. All protective fencing and warning signs shall be retained during the construction period in accordance with the approved details and no works shall take place at any time within the protected areas.
Reason: In the interests of protecting known features of the historic environment.
(23) LOW AND ZERO CARBON TECHNOLOGY, WATER EFFICIENCY AND HEAT NETWORKS
That no buildings shall be occupied unless a scheme detailing:
a) compliance with the Aberdeen Planning Guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions and water efficiency have been implemented in full
b) an Energy Statement in compliance with Policy R8: Heat Networks has been submitted to, and approved in writing by the planning authority and any measures as so agreed have been implemented in full.
Reason: to ensure that this development complies with requirements for reductions in carbon emissions.
GREGNESS/ZONE B (as defined on “Illustrative Masterplan Visualisation” received 16 July 2024)
(24) PROVISION OF COAST ROAD UPGRADE
That no development within Gregness / Zone B shall be occupied unless the Coast Road upgrade works (known as Aberdeen South Harbour Link Road: External Links to Aberdeen South Harbour | Aberdeen City Council and as per application 240620/DPP or a subsequently approved related planning permission) are substantially complete and the road open to vehicular, foot and wheeled traffic, unless otherwise agreed in writing with the planning authority following submission of an access strategy and the implementation of:
a) works to complete any missing links in safe walking and cycling routes.
In either case there shall be implemented:
b) measures to prevent vehicular traffic associated with the construction and operation of the site from using routes through nearby residential areas.
Both a) and b) above shall be in accordance with details submitted to, and approved in writing by the planning authority by way of an application for Matters Specified in Conditions.
Reason: In the interests of residential amenity, public health and safety.
(25) DETAILS OF BUILDING, SITE LAYOUT AND DESIGN, INC COAST ROAD
That no development shall take place unless there have been submitted to and approved in writing by the planning authority matters specified in conditions application the details listed below. Thereafter the development shall take place in accordance with the details as so agreed, or other as is subsequently approved through this condition.
a) A description of the proposed use (s) of the unit(s), including in relation to the Use Classes Order and justification in terms of relationship to renewable energy and need for a location which is close to the harbour;
b) Elevational design and layout of all built structures, including boundary enclosures and external lighting;
c) Cross sections through the site as necessary showing the proposed height of buildings, and site levels as proposed with an indication of the levels as existing, including cross sections through the site showing the relationship with the coastal edge and the Coast Road (including the upgrade project);
d) Existing and proposed topographical survey plans;
e) Details of any cut and fill operations;
f) Details of external finishing materials, including any green walls and samples where requested by the planning authority;
g) Site plan and details of siting of buildings, vehicle, motorcycle and short and long term cycle parking car parking areas, yards, electric vehicle charging points, pedestrian routes and other hardstanding and external storage and surface water drainage features, identifying the use of all external spaces and including the layout of the ASHLR/Coast Road upgrade project.
h) Details of refuse storage areas;
i) Layout and finish of roads and access junctions onto the adopted road network, including the ASHLR (upgrade of Coast Road) where appropriate;
j) Enabling works and infrastructure;
k) Marine Noise modelling, or a statement justifying why this is not required.
Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).
(26) CYCLE PARKING AND OTHER PRE-OCCUPATION REQUIREMENTS
That the occupation of the development shall not take place unless there has been provided and implemented the matters listed below in accordance with plans that have been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application:
a) Cycle parking on site (long stay and covered);
b) Coastal path upgrades, including linkages to paths off site, improvements to the Coastal Path south as far as the settlement of Cove Bay and details of arrangement for crossing the access to the South Breakwater;
c) Vehicle parking in accordance with a parking strategy;
d) Electric Vehicle Charging;
e) Surface water drainage systems (SuDS);
f) High-speed communications infrastructure.
Reason: In the interests of encouraging sustainable and active travel and to avoid surface water flooding.
(26) HEIGHT OF BUILDINGS
Reason: In the interests of visual amenity and to minimise the impact of the development on landscape character.
(27) BIODIVERSITY PLAN
The measures identified in the BPEP shall be implemented fully in accordance with the phasing plan agreed under condition 4.
Reason: To ensure biodiversity mitigation and enhancement.
(28) LANDSCAPING
That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees, hedges and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.
Reason: in the interests of the amenity of the area.
(29) LANDSCAPE PLANTING AND MAINTENANCE
All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of the development or as otherwise agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.
In addition, prior to the commencement of the implementation of the approved scheme, detailed proposals for a programme for the long term management and maintenance of all the approved landscaped and open space areas within the development shall be submitted for the further written approval of the Planning Authority. Thereafter, all management and maintenance of the landscaped and open space areas shall be implemented, in perpetuity, in accordance with the approved programme.
Reason: To ensure the implementation of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and to ensure that the landscaping is managed and maintained in perpetuity.
(30) PUBLIC TRANSPORT ACCESS STRATEGY
That no unit of the development shall be occupied unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application a Public Transport Access Strategy and Travel Plan with the aim of increasing access to public transport options.
Reason: To increase access to public transport.
(31) TRANSPORT ASSESSMENT
That no development shall take place unless there has been submitted to and agreed in writing with the planning authority by way of a matters specified in conditions application a Transportation Assessment of the impact on the local network and junctions on the A956 Wellington Road and in Torry and access strategy including for abnormal loads, in accordance with an agreed scope. Thereafter development shall not be brought into use unless any recommendations have been carried out or are implemented to the satisfaction of the planning authority in accordance with a timetable for implementation submitted to and approved through a MSC application.
Reason: In the interests of road safety.
(32) CEMP
That no development shall take place unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application a detailed Construction Environmental Management Plan, including but not limited to, dust management, surface water management and other measures noted within detailed Biodiversity Protection and Enhancement Plan. Construction shall not take place other than in full accordance with the CEMP as so agreed unless otherwise agreed in writing by the planning authority.
Reason: To prevent pollution and damage to environment and wildlife.
(33) SURFACE AND FOUL DRAINAGE
No development shall take place unless a matters specified in conditions application comprising a detailed scheme for surface water drainage and foul water drainage has been submitted to and approved in writing with the Planning Authority. The scheme shall include:
a) A detailed drainage plan for the relevant phase of development, including full details of the proposed means of disposal of surface water from the development, including how surface water run off shall be addressed during construction, as well as incorporating the principles of pollution prevention and mitigation measures.
b) Details of measures to ensure that surface water would be discharged away from the Nigg Bay SSSI,
c) A scheme for the connection of buildings to the public waste water system has been submitted to any approved in writing by the Planning Authority.
Thereafter development shall be implemented in accordance with the agreed scheme and no building shall be used unless connection has been made to the public wastewater network in accordance with the approved details.
Reason: in order to ensure adequate protection of the water environment from surface water run-off and protecting the Nigg Bay SSSI.
(34) NOISE
Development shall not take place unless there has been submitted to and approved in writing by the planning authority an appropriate noise assessment by a suitably qualified consultant to predict the impact on sensitive receptors and specify control measures. The assessment should be undertaken in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note. (The methodology should be submitted and agreed in writing with the Environmental Protection Team in advance.)
The use shall not take place unless the recommendations of the noise assessment have been implemented in full and are fully operational, unless otherwise agreed in writing with the planning authority.
Reason: In the interests of the amenity of the occupiers of nearby buildings.
(35) AIR QUALITY
Development shall not take place unless there has been submitted to and approved in writing by the planning authority an appropriate air quality assessment by a suitably qualified consultant to predict any impact on sensitive receptors and specify control measures, unless otherwise agreed with the planning authority based on the proposed use. (The methodology should be submitted and agreed in writing with the planning authority in advance.)
The use shall not take place unless the recommendations of the air quality impact assessment have been implemented in full and are fully operational, unless otherwise agreed in writing with the planning authority.
Reason: In the interests of public health.
(36) PROGRAMME OF ARCHAEOLOGICAL WORKS
No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority 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.
(37) PROTECTIVE FENCING DURING CONSTRUCTION
No works in connection with the development hereby approved shall commence unless a site protection plan has been submitted to and approved in writing by the planning authority. Site protection measures shall be shown on a layout plan accompanied by descriptive text and shall include:
a) The location of the historic environment features to be protected during construction works; and
b) The position and details of the warning signs and protective fencing to be erected.
No works in connection with the development hereby approved shall commence unless the site protection measures have been implemented in full in accordance with the approved details. All protective fencing and warning signs shall be retained during the construction period in accordance with the approved details and no works shall take place at any time within the protected areas.
Reason: In the interests of protecting known features of the historic environment.
(38) LOW AND ZERO CARBON TECHNOLOGY, WATER EFFICIENCY AND HEAT NETWORKS
That no buildings shall not be occupied unless a scheme detailing:
a) compliance with the Aberdeen Planning Guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions and water efficiency have been implemented in full
b) an Energy Statement in compliance with Policy R8: Heat Networks has been submitted to, and approved in writing by the planning authority and any measures as so agreed have been implemented in full.
Reason: to ensure that this development complies with requirements for reductions in carbon emissions.
DOONIES/ZONE C (as defined on “Illustrative Masterplan Visualisation” received 16 July 2024)
(39) PROVISION OF COAST ROAD UPGRADE
That no development within Doonies/Zone C shall be occupied unless the Coast Road upgrade works (known as Aberdeen South Harbour Link Road: External Links to Aberdeen South Harbour | Aberdeen City Council (as per application 240620/DPP or a subsequently approved related planning permission) are substantially complete and the road open to vehicular, foot and wheeled traffic, unless otherwise agreed in writing with the planning authority following submission of an access strategy and the implementation of:
a) works to complete any missing links in safe walking and cycling routes.
In either case there shall be implemented:
b) measures to prevent vehicular traffic associated with the construction and operation of the site from using routes through nearby residential areas.
Both a) and b) above shall be in accordance with details submitted to, and approved in writing by, the planning authority by way of an application for matters specified in condition.
Reason: In the interests of residential amenity, public health and safety.
(40) PHASING
That no development shall take place on any individual site within Doonies/ Zone C, unless there has been submitted to, and approved in writing by the planning authority via a MSC, a phasing plan. Development shall take place in accordance with such a plan, or other as is subsequently approved through this condition. The phasing plan shall include the relative timing of:
a) The buildings on the individual development sites including SUDS, car parking and other associated infrastructure and landscape planting;
b) The new road between Peterseat Drive and Coast Road;
c) On-site strategic tree, shrub and plant planting;
d) Any off-site compensatory and mitigatory tree planting (if required);
e) Provision of footpaths on and off-site including improvement of the recreational path from the site onto Tullos Hill;
f) Provision of measures from Biodiversity plan.
Reason: In the interests of avoiding pollution, flooding, access and biodiversity and to ensure that tree planting take place timeously.
(41) DETAILS OF BUILDING, SITE LAYOUT AND DESIGN, INC COAST ROAD
That no development shall take place of any individual plot until there have been submitted to and approved in writing by the planning authority by way of a matters specified in condition applicationthe details listed below. The development shall be implemented fully in accordance with the details as so agreed.
a) A description of the proposed use of the unit, including in relation to the Use Classes Order and the relationship of the use to the renewable energy industry and association with the South Harbour;
b) A statement of justification in terms of Policy 9 in NPF4 for the demolition of Doonies Farmhouse and granite steadings and suitability for conversion to the proposed use, or reuse of those buildings;
c) Elevational design and layout of all built structures, including boundary enclosures and external lighting;
d) Cross sections through the site showing the height of buildings and ground levels;
e) Existing and proposed topographical survey plans;
f) Details of cut and fill operations;
g) Details of external finishing materials including green walls and roofs where appropriate, including samples as requested.
h) Details of the reuse of granite from Doonies Farmhouse and steading, where these are to be demolished as part of the development.
i) Site plan showing siting of buildings, vehicle parking areas, yards, electric vehicle charging points, pedestrian routes, other hardstanding and external storage and surface water drainage arrangements and with the use of all external spaces identified;
j) Layout and finish of roads and access junctions onto the adopted road network, and including the links to Peterseat Drive;
k) Locations, siting and design of refuse storage areas and swept path analysis showing access for refuse collection vehicles.
Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).
(42) CYCLE PARKING AND OTHER PRE-OCCUPATION REQUIREMENTS
That the occupation of individual units shall not take place unless there has been provided the matters listed below in accordance with plans that have been submitted to and approved in writing by the planning authority by way of a matters specified in condition application:
a) Cycle parking on site (long stay and covered);
b) Core paths, and informal footpaths on and off-site, including footpath link to the path to Tullos Hill;
d) Electric vehicle charging;
e) SUDS;
f) Refuse storage facilities;
g) High-speed communications infrastructure.
Reason: To help facilitate active travel choices to and from the site and prevent pollution.
(43) HEIGHT OF BUILDINGS
That no buildings on the site shall exceed more than 12m above existing ground level (AOD) unless otherwise agreed in writing with the planning authority following submission of a justification including photomontage viewpoints via a matters specified in condition application. Existing ground level on a sloping site shall be taken to be the lowest level of ground within the building footprint.
Reason: In the interests of visual amenity and to minimise the impact of the development on landscape character.
(44) BIODIVERSITY PLAN
That no development of any individual plot shall take place unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application a detailed biodiversity Protection and Enhancement Plan related to that plot based on the principles and measures described in the BPEP Version 5, June 2024 and the ETZ Masterplan and including the requirements of Policy NE3: Natural Heritage in the adopted Aberdeen Local Development Plan 2023, or such other as is subsequently adopted.
The measures identified in the BPEP shall be implemented fully in accordance with the phasing plan agreed under condition 4.
Reason: To ensure biodiversity mitigation and enhancement.
(45) LANDSCAPING SCHEME
That no development pursuant to the planning permission hereby approved shall be carried out on any individual plot unless there has been submitted to and approved in writing for the purpose by the planning authority by way of a matters specified in condition applicationa further detailed scheme of landscaping for the on site and off site areas to be included as mitigation and compensation, which scheme shall include indications of all existing trees, hedges and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting,
The existing hedges along the northern site boundary, along the base of Tullos Hill (shown as G22 in the Tree Survey report by Struan Dalgleish Arboriculture, June 2023) shall remain unless otherwise agreed in writing by the planning authority.
Reason: in the interests of the amenity of the area.
(46) LANDSCAPE PLANTING AND MAINTENANCE
All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of the development or as otherwise agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.
In addition, prior to the commencement of the implementation of the approved scheme, detailed proposals for a programme for the long term management and maintenance of all the approved landscaped and open space areas within the development shall be submitted for the further written approval of the Planning Authority by way of a matters specified in condition application. Thereafter, all management and maintenance of the landscaped and open space areas shall be implemented, in perpetuity, in accordance with the approved programme.
Reason: To ensure the implementation of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and to ensure that the landscaping is managed and maintained in perpetuity.
(47) CEMP
That no development on any individual plot at Doonies/Zone C shall take place unless there has been submitted to and approved in writing by the planning authority as part of a matters specified by condition application, a Construction Environmental Management Plan, including but not limited to, dust management and surface water management. The measures shall be implemented in full and thereafter remain in place and fully operational throughout the construction period.
Reason: In the interests of avoiding pollution.
(48) SURFACE AND FOULD DRAINAGE
No development shall take place on any individual plot unless a matters specified in conditions application comprising a detailed scheme for surface water drainage and foul water drainage has been submitted to and approved in writing with the Planning Authority. The scheme shall include:
a) A detailed drainage plan for the relevant phase of development, including full details of the proposed means of disposal of surface water from the development, including how surface water run off shall be addressed during construction, as well as incorporating the principles of pollution prevention and mitigation measures.
b) Details of all drainage infrastructure to be utilised that passes under the railway
c) A scheme for the connection of buildings to the public waste water system has been submitted to any approved in writing by the Planning Authority.
Thereafter development shall be implemented in accordance with the agreed scheme and no building shall be used unless connection has been made to the public wastewater network in accordance with the approved details.
Reason: in order to ensure adequate protection of the water environment from surface water run-off.
(49) NOISE
Development shall not take place on any individual plot unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in condition application an appropriate noise assessment by a suitably qualified consultant to predict the impact on sensitive receptors and specify control measures. The assessment should be undertaken in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note. (The methodology should be submitted and agreed in writing with the Environmental Protection Team in advance.)
The use shall not take place unless the recommendations of the noise assessment have been implemented in full and are fully operational, unless otherwise agreed in writing with the planning authority.
Reason: In the interests of the amenity of the occupiers of nearby buildings.
(50) AIR QUALITY
Development shall not take place on any individual plot unless there has been submitted to and approved in writing by the planning authority by way of a matters specified in condition applicationan appropriate air quality assessment by a suitably qualified consultant to predict any impact on sensitive receptors and specify control measures, unless otherwise agreed with the planning authority based on the proposed use. (The methodology should be submitted and agreed in writing with the planning authority in advance.)
The use shall not take place unless the recommendations of the air quality impact assessment have been implemented in full and are fully operational, unless otherwise agreed in writing with the planning authority.
Reason: In the interests of public health.
(51) TRANSPORT ASSESSMENT
That no development shall take place on any individual plot unless there has been submitted to and agreed in writing with the planning authority by way of a matters specified in conditions application a Transportation Assessment of the impact on the local network and junctions on the A956 Wellington Road and in Torry and access strategy including for abnormal loads, in accordance with an agreed scope. Thereafter, development shall not be brought into use unless any recommendations in the approved assessment have been carried out or are implemented to the satisfaction of the planning authority in accordance with a timetable submitted to and approved through a MSC application.
Reason: In the interests of road safety.
(52) PUBLIC TRANSPORT ACCESS STRATEGY
That no unit of the development shall be occupied unless there has been submitted to and approved in writing by the planning authority, by way of a matters specified in condition application, a Public Transport Access Strategy and Travel Plan with the aim of increasing access to public transport options
Reason: To increase access to public transport.
(53) PROGRAMME OF ARCHAEOLOGICAL WORKS
No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority by way of a matters specified in condition application 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.
(54) PROTECTIVE FENCING DURING CONSTRUCTION
No works in connection with the development hereby approved shall commence unless a site protection plan has been submitted to and approved in writing by the planning authority by way of a matters specified in condition application. Site protection measures shall be shown on a layout plan accompanied by descriptive text and shall include:
a) The location of the historic environment features to be protected during construction works; and
b) he position and details of the warning signs and protective fencing to be erected.
No works in connection with the development hereby approved shall commence unless the site protection measures have been implemented in full in accordance with the approved details. All protective fencing and warning signs shall be retained during the construction period in accordance with the approved details and no works shall take place at any time within the protected areas.
Reason: In the interests of protecting known features of the historic environment.
(55) STANDING BUILDINGS SURVEY (Doonies)
No works in connection with the development hereby approved shall commence unless a Level 1 archaeological standing building survey of the extant buildings and structures associated with Doonies Farm on the application site has been undertaken and has been submitted to and approved in writing by the planning authority by way of a matters specified in condition application. The standing building survey shall not be undertaken unless its scope has been approved in writing by the planning authority. The survey must be in a digital format and must be clearly marked with the planning reference number.
Reason: To ensure that a historic record of the building is made for inclusion in the National Record of the Historic Environment and in the local Historic Environment Record.
(56) LOW AND ZERO CARBON TECHNOLOGY, WATE EFFICIENCY AND HEAT NETWORKS
That no building hereby approved shall be occupied unless a scheme has been submitted by way of a matters specified in condition application detailing:
a) compliance with the Aberdeen Planning Guidance: Resources for New Development has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions and water efficiency have been implemented in full
b) an Energy Statement in compliance with Policy R8: Heat Networks has been submitted to, and approved in writing by the planning authority and any measures as so agreed have been implemented in full
Reason: to ensure that this development complies with requirements for reductions in carbon emissions.
The Committee heard from Lucy Greene, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.
The Committee then heard from Scott Herrett, Dr Susan Smith, Rachel Smith, Ishbel Shand and Chris Aldred, who all objected to the proposed planning application and asked that the application be refused.
The Committee then heard from Maggie McGinlay, Neil Young, Henry Farrar and Elaine Farquharson Black, who were all part of the team for the applicant, and spoke in support of the application.
Members had the opportunity to ask all speakers questions on their submissions.
The Convener moved, seconded by the Vice Convener:-
That the application be approved conditionally in line with the officer’s recommendation, with an amendment to conditions 20 and 22, to read:-
20 Mitigations
That no development shall take place to any individual plot within St Fittick’s / Zone A unless there has been submitted to, and approved in writing by, the planning authority by way of a matters specified in conditions application, details of the proposed mitigations for that development plot. (It is expected that all the listed mitigations, or similar as agreed based on the approved drawings, would be implemented for development of Zone A and they are split proportionately between the plots within the zone.). Mitigation works shall be carried out in accordance with the timing agreed in condition 4 (Phasing) above.
Details shall include a description of community consultation that has taken place on the proposed mitigations, a statement of the impact on public health based on the Population Health Chapter of the EIA report, and location, layout and elevational plans as required, details of materials, planting, seed mixes and maintenance of landscaped spaces.
a) Improvements to existing green and brownfield open spaces within Torry /Balnagask; as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
b) St Fittick’s Church interpretation and repair works - details to include Conservation Management Plan and plans of interpretation board(s); as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
c) Path network enhancements and wayfinding features in St Fittick’s Park inside and outside the site – details to include schedule of works to the paths as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
d) Improving water quality in East Tullos Burn – details to be agreed through condition 8 as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
e) Tullos Wood – access and pathway improvements, including more direct and legible entrance(s) and landscaping; as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
f) Enhancing play and recreational equipment and areas, based on the list of off-site mitigation and compensation on the ‘Illustrative Play and Recreation Masterplan Visualisation – Zone A Oct 2024 2391330’ which includes enhancement / extension to the existing skate park and provision of ‘pump’ track – details to include specifications and layout plans.
g) Enhancing habitats with pollinator planting and management for biodiversity; as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
h) Replacement sports pitch at Tullos Primary School playing fields and enhancing recreational and leisure provision to complement the existing Multi Use Games Areas (MUGA); as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
i) Enhancement to coastal path connections leading northwards to Torry Battery and south via Gregness as indicatively shown on Illustrative Masterplan Visualisation Oct 2024-2391329
Reason: To provide mitigation for loss of greenspace, recreational facilities, paths and path space; in accordance with Policies NE2 and NE3 in the LDP 2023 and the ETZ Masterplan.
22 Protective Fencing during construction
No works in connection with the development hereby approved shall commence unless a site protection plan for historic environment features has been submitted to and approved in writing by the planning authority by way of a matters specified in conditions application. Site protection measures shall be shown on a layout plan accompanied by descriptive text and shall include:
a) The location of the historic environment features to be protected during construction works; and
b) The position and details of the warning signs and protective fencing to be erected.
No works in connection with the development hereby approved shall commence unless the site protection measures have been implemented in full in accordance with the approved details. All protective fencing and warning signs shall be retained during the construction period in accordance with the approved details and no works shall take place at any time within the protected areas.
Reason: In the interests of protecting known features of the historic environment.
Councillor Alphonse, seconded by Councillor Lawrence, moved as an amendment:-
That the application be refused for the following reasons:-
That measures for planting trees, creating wildlife habitat, enhancing and creating recreational facilities and open space in St Fittick’s Zone A were not considered to adequately mitigate the quantitative and qualitative losses of these features resulting from the proposed development contrary to OP56, NE3 and NE4 of the Aberdeen Local Development Plan and Policies 3,4 and 6 of National Planning Framework 4 as well as the ETZ Masterplan.
That the scale of the development and its proximity to the residential areas of Torry would result in the development having an adverse visual impact and impact on the landscape setting of the City, contrary to Policy D4 of the Aberdeen Local Development Plan.
On a division, there voted - for the motion (7) – the Convener, the Vice Convener and Councillors Boulton, Clark, Copland, Farquhar and Macdonald – for the amendment (2) – Councillors Alphonse and Lawrence.
The Committee resolved:-
to adopt the motion and therefore agree there be a willingness to approve the application conditionally, subject to a referral to the Scottish Ministers due to SEPA objection.
Supporting documents: