Agenda item
Land at Greenferns Landward (OP 22), to the South of Kepplehills Road, Newhills, Aberdeen - 240216
Planning Reference – 240216
All documents associated with this application can be found at the following link and enter the refence number above:-
Planning Officer: Gavin Clark
Minutes:
The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-
That the application for Planning Permission in Principle for residential development comprising around 435 homes, open space, landscaping and supporting infrastructure at land at Greenferns Lanwards, Newhills Aberdeen be approved subject to the following conditions and subject to a legal agreement:-
Conditions
1) DURATION OF PERMISSION
The development to which this notice relates must be begun not later than the expiration of 7 years beginning with the date of this notice. If development has not begun at the expiration of the 7-year period, the planning permission in principle lapses.
Reason - in accordance with section 59 (planning permission in principle) of the 1997 act.
2) PHASING PLAN
That prior to the commencement of development, an application for the approval of matters specified in conditions comprising a detailed phasing plan, setting out the details of the phasing of the development, shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be carried out in complete accordance with the approved Phasing Plan, unless otherwise agreed through the submission of a further matters specified in conditions application for an alternative phasing programme.
Reason: To ensure that build-out of the development is phased to avoid adverse impact on local services and infrastructure and in the interests of the visual amenity of the area.
3) MATTERS REQUIRING FURTHER APPROVAL
That application(s) for approval of matters specified in condition containing details of the specified matters listed below shall be submitted for consideration by the planning authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).
No development within or outwith any individual phase shall take place unless a matters specified in conditions application comprising the detailed layout and design of roads, buildings, open space and any other structures for that particular phase has been submitted to and approved in writing by the Planning Authority. The application(s) shall comprise:
a) a detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point within the relevant block/ phase of development;
b) full details of the connection to the existing Scottish Water foul water drainage network for the relevant block of development;
c) a site specific Drainage Impact Assessment;
d) details of all cut and fill operations in the relevant phase of the development;
e) the details of the layout and finish of roads, visibility splays, footpaths, pedestrian connections, bus stops, cycle routes, and a residential travel pack including the identification of safe routes to school from the development;
f) the details of all vehicular and motorcycle parking, short and long term secure cycle parking, electrical vehicle charging spaces and facilities, and storage and collection for waste and recyclables;
g) details of any boundary enclosures; details of any play zones and play equipment;
h) full details of the layout, siting, design and external finishing materials of all residential properties;
i) details of public open space and core path improvement works; and
j) full details of the layout, siting, design and finish of all non-residential properties throughout the phase where relevant. This shall include but is not limited to; the energy centre and associated infrastructure.
k) Through an appropriate nose impact assessment, details in regard to internal noise levels within residential properties, such that ensures that internal and external noise levels are met, as set out within the approved Noise Impact Assessment. The required assessment should include potential options including closed-window attenuation with appropriate alternative ventilation strategy and incorporation of good acoustic design practices within the final layout.
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).
4) FUTHER DETAILS – JUNCTION IMPROVEMENT WORKS (EXTERNAL TO SITE)
No development shall commence on any individual phase, of the development hereby approved until (i) detailed road junction analysis of the impact of the traffic generated by that phase and (ii) a scheme for any related mitigation which may be required as a result of the development, on the following road junctions where relevant:
(i) A96 / Inverurie Road Left-In / Left-Out (East end);
(ii) A96 / Sclattie Park / Bankhead Avenue Roundabout;
(iii) Haudagain Roundabout;
(iv) A92 North Anderson Drive / Rosehill Drive / Provost Rust Drive Roundabout;
(v) A96 Great Northern Road / Haudagain Bypass / A96 Auchmill Road;
(vi) Haudagain Bypass / Manor Avenue / Bus Turning Circle.
has been submitted to and agreed in writing by way of a Matters Specified in Conditions application by, the planning authority and (ii) the provision of such mitigation works has been secured and agreed in writing by the planning authority. Once agreed, any necessary mitigation works shall be undertaken in complete accordance with the scheme as so agreed, prior to the occupation of any part of that particular development phase.
Reason - in order to ensure there is no net detriment to the surrounding local roads network, and to assist the free flow of traffic.
5) ACCESS – INTERNAL AND EXTERNAL ROAD NETWORK
No development shall take place within any individual phase of development unless a matters specified in conditions application comprising a detailed scheme showing the precise location, layout, design and construction method of the proposed access junctions to the development site including layouts, capacity, distribution, operational flow and detailed cross-sections has been submitted to and approved in writing by the Planning Authority; no individual residential property or commercial unit shall be occupied or brought into use unless the relevant scheme is fully implemented in accordance with the approved plans, unless the Planning Authority has given written approval for a variation.
Reason: in the interests of road safety.
6) CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN
No development (including site stripping, service provision or establishment of site compounds) within any particular phase (as agreed within the Phasing Plan submitted and agreed by condition 2 of this Planning Permission in Principle) shall take place unless a matters specified in conditions application comprising a site specific construction environmental management plan (CEMP) for that particular phase has been submitted to and approved in writing by the planning authority in consultation with SEPA. The CEMP must address:
i. surface water management;
ii. site waste management;
iii. watercourse engineering;
iv. pollution prevention including dust management plan;
v. management of wetland environment to increase its biodiversity value; and
vi. the protection of the wetland should any major oil spills occur in the area feeding it.
Thereafter development shall be undertaken in accordance with the approved Construction Environment Management Plan.
Reason - in order to minimise the impacts of necessary demolition / construction works on the environment.
7) LANDSCAPING SCHEME
No development within any particular phase, as agreed by the Phasing Plan approved as condition 2 of this Planning Permission in Principle shall take place unless a matters specified in conditions application comprising a scheme of hard and soft landscaping works for that particular phase, has been submitted to and approved in writing by the Planning Authority. Thereafter the development shall be undertaken in accordance with the approved detail.
Details of the scheme shall include:
(i) Existing landscape features and vegetation to be retained.
(ii) The location of new trees, shrubs, hedges, grassed areas and water features)
(iii) A schedule of planting to comprise species, plant sizes and proposed numbers and density.
(iv) The location, design and materials of all hard-landscaping works including (walls, fences, gates, street furniture and play equipment)
(v) An indication of existing trees, shrubs, and hedges to be removed.
(vi) A programme for the completion and subsequent maintenance of the proposed landscaping.
(vii) Details of additional tree planting
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 such other date as may be 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.
8) HEIGHT, LAYOUT, FORM AND MATERIALS – ABERDEEN AIRPORT
No development shall commence until the location, height, layout, form and materials of buildings and structures within the proposed development have been submitted to and approved in writing by the planning authority in consultation with Aberdeen Airport.
Reason: Buildings/structures in the proposed development may penetrate the obstacle Limitation Surface (OLS) surrounding Aberdeen Airport and could endanger aircraft movements and the safe operation of the aerodrome; and: buildings/structures in the proposed development may interfere with communication, navigation aids and surveillance equipment and could endanger aircraft movements and the safe operation of the aerodrome.
9) LANDSCAPING – ABERDEEN INTERNATIONAL AIRPORT
No development shall take place until full details of soft and water landscaping works have been submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport. Details must comply with Advice Note 3 ‘Potential Bird Hazards from Amenity Landscaping & Building Design’ (available at www.aoa.org.uk/publications/safeguarding.asp ). These details shall include:
· Any earthworks;
· Grassed areas;
· Details of any water features;
· The species, number and spacing of trees and shrubs; and
· Drainage details including SUDS – Such schemes must comply with Advice Note 6 ‘Potential Bird Hazards from Sustainable urban Drainage Schemes (SUDS) (available at www.aoa.org.uk/publications/safeguarding.asp ).
No subsequent alterations to the approved landscaping scheme are to take place unless submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport. The scheme shall be implemented as approved.
Reason: To avoid endangering the safe movement of aircraft and the operation of Aberdeen Airport through the attraction of birds and an increase in the bird hazard risk of the application site.
10) BIRD HAZARD MANAGEMENT PLAN
Development shall not commence on any particular phase of development until a Bird Hazard Management Plan has been submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport.
The submitted plan shall include details of:
· Management of any flat/shallow pitched/green roofs on buildings within the site which may be attractive to nesting, roosting and “loafing” birds. The management plan shall comply with Advice Note 8 ‘Potential Bird Hazards from Building Design’
The Bird Hazard Management Plan shall be implemented as approved, on completion of the development and shall remain in force for the life of the development. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport.
Reason: It is necessary to manage the development in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Aberdeen Airport.
11)FLOOD RISK ASSESSMENT/ FURTHER DETAILS - SEPA
No development within any particular phase shall take place unless a matters specified in conditions application comprising a phase specific Flood Risk Assessment has been submitted to and approved in writing by the Planning Authority in consultation with SEPA and the Councils Flooding & Coastal Protection Team. Thereafter, the development shall be carried out in full accordance with the details and recommendations of the assessment.
For avoidance of doubt, the assessment should include:
a) Detailed site plans should be demonstrating no development or land raising within the flood extents shown in Figure A-7 of the Flood Risk Addendum: North Tributary Realignment & Restoration document (document number 144215/GL/W02, dated 16/10/2024).
b) Site plans should demonstrate a minimum of 600 mm freeboard above modelled flood levels in accordance with the recommendations in the FRA has been applied to finished floor levels for any proposed dwellings on the site.
c) Topographic drawings should be provided demonstrating existing ground levels (without SUDs or any other proposed site development) overlaid with the modelled flood extents produced for the 1 in 200 year plus climate change and 75% blockage scenario as shown in Figure A-7 of the Flood Risk Addendum: North Tributary Realignment & Restoration document (document number 144215/GL/W02, dated 16/10/2024).
d) Details and dimensions of all new and replacement channel structures including relief culverts should be provided to demonstrate they will convey the modelled peak flows with suitable freeboard;
e) Where only the Phase 1 Partial Realignment is being carried out as part of the proposed development, development should be restricted to land outside of the flow pathway originating from the potential blockage of culvert NT02 as identified in Figure A-7 of the Flood Risk Addendum: North Tributary Realignment & Restoration document (document number 144215/GL/W02, dated 16/10/2024). Avoid land raising / ground reprofiling within the existing 1 in 200 year +CC flood plain indicated on the submitted FRA and Addendum prior to construction of the proposed channel re-alignment;
f) Limit land raising / ground reprofiling within the existing 1 in 200 year +CC flood plain and appropriately manage flows during the construction of the proposed channel re-alignment; and
g) Avoid land raising / ground reprofiling within the proposed 1 in 200 year +CC flood plain indicated on the submitted FRA and Addendum following construction and operation of the proposed channel re-alignment.
h) If new temporary crossings prior or during the construction of the proposed re alignment are required, then these should be designed and built in a way that overflows from the burn will flow back to the channel immediately downstream.
i) If any of the above cannot be avoided, then mitigation measures should be applied to make sure that flood risk at Newhills Avenue is not increased during the construction phase Note, “Existing/diverted length of culverts located within the proposed roads will not be supported, however new crossings are unavoidable, therefore acceptable.
Reason – to ensure that each phase of development would not increase floor risk within the site or in the surrounding area.
12) TREE SURVEY AND PROTECTION PLAN
No development within any relevant phase shall take place unless a matters specified in conditions application comprising a tree survey including tree protection plan has been submitted to and approved in writing by the Planning Authority. Tree protection measures shall be shown on a layout plan accompanied by descriptive text and shall include:
a) The location of the trees to be retained and their root protection areas and canopy spreads (as defined in BS 5837: 2012 Trees in relation to design, demolition and construction);
b) The position and construction of protective fencing around the retained trees (to be in accordance with BS 5837: 2012 Trees in relation to design, demolition and construction).
c) The extent and type of ground protection, and any additional measures required to safeguard vulnerable trees and their root protection areas.
d) An arboricultural impact assessment which evaluates the direct and indirect impacts of the proposed development on the trees to be retained and proposed mitigation.
e) An arboricultural method statement to demonstrate that operations can be carried out with minimal risk of adverse impact on trees to be retained.
f) A method statement for any works proposed within the root protection areas of the trees shown to be retained.
No works in connection with the development hereby approved shall commence unless the tree protection measures have been implemented in full in accordance with the approved tree protection plan. No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written consent of the planning authority and no fire shall be lit in the position where the flames could extend to within 5 metres of foliage, branches or trunks. The approved tree protection measures shall be retained in situ until the development has been completed.
Reason: In order to ensure adequate protection for the trees and hedges on the site during the construction of development, and in the interests of the visual amenity of the area.
13) BIODIVERSITY NET GAIN REPORT
No development within any particular phase shall take place unless a matters specified in condition application comprising a statement in relation to Biodiversity Net Gain, with associated measures has been submitted to and approved in writing by the Planning Authority. Thereafter, the development shall be carried out in full accordance with the details and recommendations of the assessment.
Reason – to ensure that the development proposals will contribute to the enhancement of biodiversity.
14) BIRD, BAT SURVEY AND SITE-SPECIFIC HABITAT AND SPECIES PROTECTION PLAN
No development within any particular phase shall take place unless a matters specified in conditions application comprising a phase specific:
a) Bird Survey
b) Bat Survey; and
c) Site Specific Habitat and Species Protection Plan
has been submitted to and approved in writing by the Planning Authority. Thereafter, the development shall be carried out in full accordance with the details and recommendations of the assessment.
Reason – in order to mitigate any potential impact on protected species.
15) HEAT AND POWER PLAN
No development within any particular phase shall be occupied unless the following works have been provided:
(a) Evidence of connection to an existing heat network has been provided where available; or
(b) Provision has been provided within the site of an independent heating/ cooling network and plant capable of connecting to the network at a later date; or
(c) where it can be proven that connection to an existing network and the provision of an independent heat network are financially unviable, a network of soft routes will be provided through the development for the future provision of a heat network. In such cases an agreed network design will be required.
Reason: to ensure that the development is properly and efficiently heated and ensure compliance with Policy 19 (Heating and Cooling) of National Planning Framework 4.
16) NOISE – ENERGY CENTRE
No development in relation to the proposed energy centre, as shown in the south-west corner of the masterplan document, shall take place unless a matters specified in conditions application for that proposal that includes a Noise Impact Assessment has been submitted to, and approved in writing, by the Planning Authority. Thereafter the development shall be undertaken in accordance with the approved details.
For avoidance of doubt, the Noise Impact Assessment shall be undertaken in accordance with BS4142 (or any future British Standard which supersedes this guidance) with the noise rating level not to exceed pre-development background levels at all noise sensitive residential properties.
Reason – in the interests of residential amenity.
17) PROGRAMME OF ARCHAEOLOGICAL WORKS
No development within any particular phase shall take place unless where appropriate, a matters specified in conditions application comprising 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 occupied 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.
18) 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, in this specific instance March Stone No 41 and No 42, and their associated marker stones (HER Ref No NJ80NE0019, NJ80NE0020 and NJ80NE0243).
The Committee heard from Gavin Clark, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.
The Committee resolved:-
to approve the application conditionally and subject to a legal agreement.
- COUNCILLOR CIARAN MCRAE, Convener
Supporting documents:
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