Agenda item

Reference Number - 120059

The Sub Committee had before it for approval a report by the Head of Planning and Sustainable Development which recommended:-

that the Sub Committee approve the application for the erection of a (Class 7) student accommodation building, consisting of seven individual studio apartments at Elmbank Terrace, Aberdeen, subject to the following conditions and withholding the issue of the consent document until such time as the applicant has entered into a binding legal agreement requiring the delivery of on-street car parking and restricting occupation of the building during term-times to students in full-time occupation:-

(1)  That no development pursuant to this planning permission shall take place, nor shall any part of the development hereby approved be occupied, unless there has been submitted to and approved in writing by the planning authority, a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission.  None of the buildings hereby granted planning permission shall be occupied unless the said scheme has been implemented in its entirety.  (2)  That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed.  (3) 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 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.  (4)  That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority.  (5) That, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place: (a) outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays; (b) outwith the hours of 9.00 am to 4.00 pm Saturdays; or (c) at any time on Sundays, except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery].  (6) That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.  (7) That no development pursuant to this planning permission shall take place nor shall the building be occupied unless there has been submitted to and approved in writing for the purpose by the planning authority an assessment of the noise levels likely within the building, unless the planning authority has given prior written approval for a variation.  The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the building.  The property shall not be occupied unless the said measures have been implemented in full.  (8) That no development shall take place unless it is carried out in full accordance with a scheme to deal with contamination on the site that has been 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 shall include:  (1)  an investigation to determine the nature and extent of contamination, (2)  a site-specific risk assessment, (3)  a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  No building(s) on the development site shall be occupied unless (1)  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  (2)  a report specifically relating to the building(s) has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the building(s) have been carried out, unless the planning authority has given written consent for a variation.  The final building on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation.  (9)  That no solar panels shall be installed on the roof of the approved building until such time as detailed specifications have been submitted to, and approved in writing by, the planning authority.

The Sub Committee were circulated with the following additional conditions:-

The Council’s Keeper of Archaeology had requested that the following condition be attached to any consent issued – no development shall take place within the area indicated (in this case the area of the whole development) until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.  The programme of archaeological work will include all necessary post excavation and publication work.

The following condition was also recommended to be attached to this application to cover submission of details of low zero carbon equipment – that the building(s) hereby approved shall not be brought into use unless details of the zero and low carbon equipment to be incorporated into the development and predicted carbon emissions, using SAP or SBEM calculations, have been approved in writing by the planning authority and unless the equipment has been installed in accordance with those approved details.

The Sub Committee resolved:-

(i)         to approve the recommendations contained in the report; and

(ii)        to approve the additional conditions circulated.