Agenda item

Reference Number - 130265

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

That the Committee express a willingness to approve the application, subject to the conditions listed below, in respect of planning permission in principle for a mixed use development incorporating residential, commercial uses, community facilities, open space, landscaping and associated infrastructure but to withhold the issue of the consent document until the applicant had entered into a legal agreement to deliver (1) affordable housing; (2) transfer of land ownership to allow potential improvements to the A944; (3) Strategic Transport Fund contributions; and (4) developer contributions towards primary education; community facilities; recreation facilities; library facilities; core path networks; healthcare facilities; flood prevention scheme; and road improvements to mitigate the impact of development.

(1)  That no individual phase of the development pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application for that individual phase has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; unless the planning authority has given written approval for a variation; these matters being details of the (a) means of access and car parking, cycle parking and motorcycle parking; (b) siting, design and external appearance of the building(s); (c) hard and soft landscaping of the site; (d) tree survey to show details of all existing trees, and those to be removed, retained and planted, with a scheme for protection of those to be retained on site during construction works; (e) site and plot boundaries and enclosures; (f) arrangements for the segregation, storage, collection and management of residential, commercial and business waste arising from within that phase; and (g) low zero carbon equipment or carbon reduction measures to meet the requirements of the Council's SPG on reducing carbon emissions from new development; (2)  That this planning permission in principle shall lapse unless an application for approval of the matters specified in all condition(s) attached to this grant of planning permission in principle has been made before whichever is the latest of the following (a) the expiration of 3 years from the date of this grant of planning permission in principle; (b) 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 (c) 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, unless the planning authority has given written approval for a variation, the details and phasing of the development shall follow the general principles established in the Masterplan dated April 2013, stamped copies of which are attached to this planning permission.  In particular the areas identified as Phases 3a and 4, as indicated on page 54, 'Section 5.1 Phasing' of this document, will show evidence that the location, design and construction of the new housing have taken account of the need to protect residents from potential noise nuisance arising from the proximity to Albion Kennels; (5)  That all planting, seeding and turfing, comprised in any scheme of landscaping approved under Condition (1) attached to this grant of planning permission in principle, 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; (6)  That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the precise location, layout, design and construction method of the most eastern primary access junction with the A944, including capacity, distribution, signalling, operational flow, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) no individual residential property hereby approved shall be occupied unless the relevant scheme is fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation; (7) That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme, showing the precise location, layout, design and construction method of both the central and most western primary access junctions with the A944, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority.  Such details shall include capacity, distribution, signalling,  operational flow, and a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; and (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the necessary roads infrastructure improvements required for that phase have been fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation;  (8)  That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme, showing the precise location, layout, design and construction method of A944 junction improvements, including the A944/Stronsay Drive junction, together with provision of segregated cycle facilities at each, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority.  Such details shall include a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; and (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the necessary roads infrastructure improvements required for that phase have been fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation; (9) That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing all elements required to implement and enforce a Prohibition of Driving Order on Core Path 29, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority.  Such details shall include all physical infrastructure alterations, and a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; and (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the Prohibition of Driving Order has been fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation; (10)  That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing a proposed management plan to deal with all access issues through the entire length of the insert road set back to the south of A944, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include provision for emergency access, prohibition orders, all physical infrastructure improvements, and a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; and (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the management plan has been fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation;  (11)  That, unless the planning authority has given written approval for a variation, no more than Phase 1 comprising 182 residential units shall be occupied until the Aberdeen Western Peripheral Route (AWPR) has been constructed; (12) That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the design and construction of culverts linking the north and south developments beneath the A944 has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority.  Such details shall include a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; and (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the culvert scheme has been fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation; (13) That (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed plan identifying appropriate exclusion zone boundaries for the main and subsidiary badger setts, as identified in the Badger Protection Plan, dated June 2013, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) unless the planning authority has given written approval for a variation through consultation with Scottish Natural Heritage, no construction works pursuant to the planning permission in principle hereby approved shall take place within any exclusion zone as identified in the above plan; (14) That, notwithstanding the details contained within the Badger Protection Plan, dated June 2013, and unless the planning authority has given written approval for a variation through consultation with Scottish Natural Heritage, no development pursuant to the planning permission in principle hereby approved shall take place unless a Pre-construction Survey has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority.  The survey will be undertaken a minimum of 12 months prior to construction commencing; within a radius of 1km around the whole development site, and shall include an up to date assessment of badger activity on the development site.  It shall also highlight whether any badgers setts exclusions are required, and if so, consider alternative sets and potential locations, having regard for restrictions arising from the breeding season; (15) That no development pursuant to the planning permission in principle hereby approved shall take place unless a Nature Conservation Management Plan, that incorporates the Local Nature Reserve and the Green Space Network, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (16)  That (a) unless the planning authority has given written approval for a variation, no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a full site waste management plan for the processing of construction and demolition waste for that individual phase has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) no work shall be carried out within that individual phase unless the management plan is fully implemented in accordance with the approved plans; (17) That (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the precise location, layout and construction method of adequate pedestrian and cycle connectivity from that individual phase to the A944 has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans; (18)  That (a) no development within the area identified as Phase 1b, as indicated on page 54, 'Section 5.1 Phasing' of the Masterplan dated April 2013, stamped copies of which are attached to this planning permission, pursuant to the planning permission in principle hereby approved, shall take place unless a detailed scheme showing the precise location, layout, design and construction method of pedestrian and cycle connectivity from the eastern side of the development, north of the A944, to the existing residential area to the east, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans;  (19) That (a) no development within the area identified as Phase 1a, as indicated on page 54, 'Section 5.1 Phasing' of the Masterplan dated April 2013, stamped copies of which are attached to this planning permission, pursuant to the planning permission in principle hereby approved, unless a detailed scheme showing the precise location, layout, design and construction method of pedestrian and cycle connectivity from the south-eastern side of the development to the B9119, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. This scheme shall include an investigation of the existing infrastructure that would form part of this route, to establish the current status of the infrastructure and identify any infrastructure improvements that are required; and (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented, including all identified infrastructure improvements, in accordance with the approved plans; (20)  That (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the precise location, layout, design and construction method of acceptable pedestrian access to the proposed bus stops within that phase; and upgrading of each identified bus stop as necessary to provide a minimum provision of shelter, seating, lighting, timetable information and raised kerbs, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans; (21)  That (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a fully detailed SUDS scheme, to comply with the Drainage Impact Assessment, reference B9204, dated 5 September 2013, for that individual phase has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans;  (22)  That (a) unless the planning authority has given written approval for a variation, no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless the implementation of a programme of archaeological work (to include all necessary post-excavation and publication work) has been secured for that individual phase in accordance with a written scheme of investigation that has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by, the planning authority; and (b) no work shall be carried out within that individual phase unless the programme of archaeological work has been fully implemented in accordance with the approved plans; (23) That (a) unless the planning authority has given written approval for a variation, no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme in respect of that individual phase, showing suitable dust suppression measures to be incorporated within the procedures for demolition and construction, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include the provision of dust suppression equipment during periods of dry weather, and measures to prevent the potential for mud and/or other debris from vehicular traffic being deposited on the A944 public highway adjacent to the site; and (b) no work shall be carried out within that individual phase unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved;  (24)  That no individual employment based development pursuant to the planning permission in principle hereby approved shall be occupied unless a detailed Green Transport Plan for that individual development, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (25) That no individual residential property on any individual phase of the development pursuant to the planning permission in principle hereby approved shall be occupied unless a comprehensive Residential Travel Pack for that individual phase has been (a) submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b)  subsequently provided to occupants of each residential property to be occupied.  The pack will set out proposals for reducing dependency on the private car, including information on external connectivity to key facilities, and will provide, in consultation with local schools and the planning authority, information on safer routes to schools.

The Committee resolved:-

to approve the recommendation.