Agenda item

Reference Number – 120491

With reference to article 4 of the minute of the meeting of the Development Management Sub Committee of 14 June, 2012, wherein the Sub Committee agreed to visit the following site and determine the application at its next meeting on 19 July, 2012, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Sub Committee approve the application for the erection of a dwellinghouse at Bieldside Lodge, North Deeside Road, Bieldside, Aberdeen subject to the following conditions and with the permission being withheld until the applicant had entered into a legally binding agreement preventing vehicular access being taken further into the site:-

(1)  That no development pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; these matters being details of the (i) detailed design and external appearance of the building(s) the highest point of which shall be no more than 37.5m AOD and shall be planted with grass or other plants in accordance with a scheme to be agreed as required by other conditions;  (ii) the landscaping of the site, including construction and laying out of the access and the installation of a swale or other measures in order to handle water from the former mill lade;  (iii) details of the boundary treatment, including the hedge and temporary treatment to the boundary in the period before the hedge reaches its intended height;  (iv) a construction method statement including details of how construction of the house and any retaining structures shall take place avoiding damage to the listed structures near to the site, including the garden wall and summerhouse; and, how construction vehicles and materials will be brought to and stored upon the site, including how these will be transfered onto the site taking into account the need to protect trees.  (2)  That this planning permission in principle shall lapse unless a further application for approval of the matters specified in condition(s) attached to this grant of planning permission in principle has been made before whichever is the latest of the following;  (i) the expiration of 3 years from the date of this grant of planning permission in principle;  (ii) the expiration of 6 months from the date on which an earlier application for the requisite approval of matters specified in conditions was refused;  (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed;  (3)  That this planning permission in principle shall lapse on the expiration of 2 years from the approval of matters specified in conditions being obtained (or, in the case of approval of different matters on different dates, from the requisite approval for the last such matter being obtained) unless the development to which the permission relates is begun before that expiration.  (4)  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].  (5)  That notwithstanding the provisions of Article 3 and Schedule 1, Parts 1, 2 and 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwelling houses hereby approved without a further grant of planning permission from the planning authority.  (6)  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.  (7)  That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the planning authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme.  (8)  That the dwellinghouse hereby granted planning permission shall not be occupied unless a scheme for the provision of foul sewerage and wholesome water facilities has been submitted to and approved in writing by the planning authority and that the said scheme has been implemented.  (9)  That the developer shall afford access at all reasonable times to any archaeologists nominated by the planning authority and shall allow them to observe work in progress and record items of interest and finds.  No development pursuant to this planning permission shall take place unless written notification of the commencement date has been given to the Keeper of Archaeology, Aberdeen City Council not less than 14 days before development commences.  (10)  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.  (11)  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.  (12)  That no development shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site during construction works has been submitted to, and  approved in writing by, the planning authority and any such scheme as may have been approved has been implemented.  (13)  That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) has been submitted to and approved in writing by the planning authority.  The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation.  (14)  That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 1989 "Recommendation for Tree Works" before the building hereby approved is first occupied.  (15)  That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the planning authority and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks.  (16) That notwithstanding the provisions of Article 3 and Schedule 1, Parts 1, 2 and 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any hard surface be laid, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwelling house, hereby approved without a further grant of planning permission from the planning authority.

The Sub Committee were addressed by the Senior Planner and the Principal Engineer (Quality Standards), Enterprise, Planning and Infrastructure on the planning and traffic impacts of the application.

There then followed a number of questions from members of the Sub Committee relating to the application which were answered by the officers in attendance.

The Convener concluded the meeting of the Sub Committee by reminding members that the determination of the above application would be undertaken by the Sub Committee at its next meeting on 19 July, 2012.

- RAMSAY MILNE, Convener