Agenda item

With reference to article 6 of the minute of the meeting of the Development Management Sub Committee of 22 August, 2013, wherein the Sub Committee agreed to visit the site, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

a willingness to approve, subject to conditions (as detailed below) but to withhold the issue of the consent document until the applicant has entered into a legal agreement with the Council to secure the identified developer contributions towards affordable housing units, provision of community facilities and recreation, library, core path improvements, healthcare and Strategic Transport Fund for the erection of a 32 No unit residential development with ancillary site works and landscaping at land adjacent to North Deeside Road, Pittengullies Brae, Peterculter, Aberdeen, subject to the following conditions:-

(1)  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.  (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; and (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed.  (3)  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) means of access, (iii) layout of development, (iii) design and external appearance of the building(s) and (iv) the landscaping of the site.  (4)  That no development shall take place unless details of the siting, layout and materials of the dwellings have been submitted to, and approved in writing by, the planning authority.  Thereafter the dwellinghouses shall not be occupied unless built in full accordance with details so approved.  (5)  That notwithstanding the drainage plan submitted, that no development shall take place within the application site until the applicant has carried out and submitted to, and been approved in writing by, the planning authority (i) a condition survey, preferably through CCTV, of the culverted watercourse adjacent to the development and in the immediate downstream, and (ii) an assessment of flood routing; and, if required, an updated drainage impact assessment, Sustainable Urban Drainage System and outline any flood routing mitigation measures required.  Thereafter the development shall not be occupied unless built in full accordance with the details approved.  (6)  That at least two months prior to the commencement of the development, a full site specific Construction Environmental Management Plan (CEMD) shall be submitted to and approved in writing by the planning authority in consultation with SEPA and thereafter all works associated with the development shall be carried out in accordance with the approved CEMD.  (7)  That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.  (8)  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.  (9)  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.  (10)  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.  (11)  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:  2010 "Recommendations for Tree Work" before the building hereby approved is first occupied.  (12)  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.  (13)  That no development shall be undertaken unless provision has been made within the application site for the segregation, storage, collection and disposal of residential refuse in accordance with a scheme which has been submitted to and approved in writing by the planning authority.  (14)  That no development pursuant to this grant of planning permission shall be undertaken unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary 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 have been implemented in full.  (15)  That no development pursuant to the planning permission shall take place, nor shall any port 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.  (16)  That no dwellings hereby granted planning permission shall be occupied unless the area/areas of public open space including the play area as identified on Drawing No. OPL-01C of the plans hereby approved (or such other drawing as may be subsequently approved) have been laid out in accordance with a scheme which shall be submitted to and approved in writing by the planning authority.  No development pursuant to this planning permission shall take place unless such a scheme detailing the manner in which the open space is to be managed and maintained has been submitted to and approved in writing by the planning authority.  Such scheme shall include provision for a play area comprising at least five items of play equipment and a safety surface.  The said area shall not thereafter be used for any purpose other than as a Play Area.  (17)  That no development shall take place unless there has been submitted to and agreed in writing by the planning authority a scheme for the provision of public footpaths along the road frontages of the site and the provision of a footpath on the south side of the site to the east of Pittengullies Brae linking to the South Deeside Line.  Thereafter the public footpaths shall be constructed in full with the scheme submitted and by the occupation of the first unit.  (18)  That no part of the development shall be occupied unless a schedule of work relating to the upgrading of bus shelters, which may include seating, lighting, shelter, raised kerbs and timetable provision for the bus stops on the westbound and eastbound bus stop has been submitted to, and approved in writing by the planning authority, and subsequently the upgrading work has been implemented prior to the occupancy of any residential unit implemented.  (19)  That no development shall take place unless there has been a submitted to and agreed in writing by the planning authority detailed plans showing visibility splays for all new road junctions, including driveways on to Pittengullies Brae, and thereafter the junctions shall be constructed in full accordance with the approved plans.  Further to this the layout of internal roads and the front garden spaces of the properties be developed without obstruction safety.  (20)  That no development shall take place unless there has been a submitted to and agreed in writing by the planning authority detailed plans showing measure to reduce speeds in the internal road layout.

The Convener moved, seconded by Councillor Jean Morrison, MBE:-

that the application be approved as per the recommendations contained in the report.

Councillor Finlayson moved as an amendment, seconded by Councillor Jaffrey:-

that the application be deferred pending discussion with the applicant regarding the site being re-designed to allow a single access from Pittengullies Brae.

On a division, there voted:- for the motion (4) – The Convener; and Councillors Grant, Lawrence and Jean Morrison, MBE; for the amendment (3) – Councillors Finlayson, Jaffrey and MacGregor.  Absent from division (1) – Councillor Boulton.

The Sub Committee resolved:-

to adopt the motion.