Agenda item

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, subject to the conditions listed below, in respect of planning permission for the erection of 97 residential properties and associated works at land at West Huxterstone, Lang Stracht/ Kingswells, Aberdeen but to withhold the issue of the consent document until the applicant has entered into a legal agreement with the Council to secure (1) on-site affordable housing provision; (2) strategic transport fund contributions; (3) developer contributions towards: - off-site affordable housing provision; the upgrading of local education facilities; the upgrading of local community and recreation facilities; the upgrading of the local core path network; and local healthcare facilities; and  (4)  provision of a footpath along the southern side of the Lang Stracht between the application site and Fairley Road, then returning down Fairley Road, and the provision of a pedestrian crossing on Fairley Road near the junction with the Lang Stracht.

(1)  That no more than 70 of the hereby approved residential units shall be completed until such time as an Roads Construction Consent compliant road link to Fairley Road has been provided, all to the satisfaction of Aberdeen City Council, as planning authority.  (2)  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, such a programme shall be submitted in advance for the written approval of Aberdeen City Council as planning authority.  (3)  That no hereby approved development shall take place, unless there has been submitted to and approved in writing by Aberdeen City Council as planning authority, a detailed scheme of site and plot boundary enclosures.  No individual dwellinghouse shall be occupied unless the approved plot boundary treatment has been implemented in its entirety.  (4)  That no individual dwellinghouse hereby approved shall be occupied unless the car parking areas relative to that house have been constructed, drained, laid-out and demarcated in accordance with drawing No.  96333/1001 rev P of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by Aberdeen City Council as planning authority.  Such areas shall not thereafter be used for any other purpose other than the parking of cars ancillary to the development.  (5)  Development shall not commence until a bird hazard management plan has been submitted to and approved in writing by Aberdeen City Council as planning authority.  The submitted plan shall include details of the developer's commitment to managing the risk of attracting birds to the site during excavation activities, measures put in place for the safe dispersal of birds, and thereafter the such approved measures shall be implemented in full.  (6)  That no hereby approved development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems (with a 1 in 200 year event level) has been submitted to and approved in writing by Aberdeen City Council as planning authority and thereafter no individual house shall be occupied unless the drainage required for that house has been installed in complete accordance with such an approved scheme.  (7)  That no hereby approved development shall be carried out unless there has been submitted to and approved in writing by Aberdeen City Council as planning authority a further detailed scheme of landscaping for the site, including indications of all existing trees and landscaped areas 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 phased implementation, numbers, densities, locations, species, sizes and stage of maturity at planting.  (8)  That all planting, seeding and turfing comprised in the approved scheme of landscaping required by condition 7 shall be carried out in the first planting season following the completion of the 97^th dwellinghouse and any trees or plants which, within a period of 5 years from such completion, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of an appropriate size and species, or in accordance with such other scheme as may be submitted to and approved in writing by Aberdeen City Council as planning authority.  (9)  That no hereby approved dwellinghouse shall be occupied unless a ‘scheme of tree protection during development’ and a plan and report illustrating appropriate management proposals for the care and maintenance of all trees/hedgerows 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 Aberdeen City Council as planning authority.  Such approved protection/management proposals shall be carried out, unless the planning authority has given prior written approval to any variation.  (10)  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 Aberdeen City Council as 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" as soon as practicable.  (11)  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 during development’ required by condition 11 without the written consent of Aberdeen City Council as 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.  (12)  That no dwelling hereby granted planning permission shall be occupied unless the ‘Play Area’ indicated on plan No.: HUX/POS Rev F is  completed, laid out and equipped in accordance with a detailed scheme, including a programme of future maintenance, which has been submitted to and approved in writing by Aberdeen City Council as planning authority.  The approved ’Play Area’ shall not thereafter be used for any purpose other than as a Play Area.  (13)  That no more than 70 of the hereby approved dwellinghouses shall be occupied unless the road and associated footways as shown on drawing 96333/1001 Rev P, connecting to the land to the west, have been constructed in full accordance with the hereby approved plans up to the legal boundary of the application site, unless Aberdeen City Council as planning authority has given written consent for any variation.  (14)  That no development shall take place unless the mitigation measures as identified in the Northern Ecological Services report (final report dated 20/08/2013) have been implemented in their entirety.  (15)  That at least 2 months prior to the commencement of any works, a site specific environmental management plan (EMP) must be submitted for the written approval of Aberdeen City Council as planning authority (in consultation with SEPA and other agencies such as SNH as appropriate) and all work shall be carried out in accordance with such approved plan.  Such plan must address the following: surface water management and pollution prevention; soils management; site waste management; and noise and dust management.  (16)  That lighting schemes required during construction phases or in association to the completed development shall be of a flat glass, full cut off design, mounted horizontally and shall ensure that there is no light spill above the horizontal.  (17)  That no development pursuant to the planning permission hereby approved shall take place unless a scheme of street and footpath lighting has been submitted to, and approved in writing by Aberdeen City Council as planning authority.  No development shall be carried out unless in full accordance with the scheme of lighting approved in writing by the planning authority.  (18)  That none of the affordable housing units (plots 36-55) hereby granted planning permission shall be occupied unless a scheme detailing cycle storage provision has been submitted to, and approved in writing by Aberdeen City Council as planning authority, and thereafter implemented in full accordance with said scheme.

The Committee were also circulated with a letter from Councillor Delaney, as one of the local members for the ward, expressing his concern regarding the application.

The Committee were also circulated with amended conditions as follows:-

(11)  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 during development’ required by condition 9 without the written consent of Aberdeen City Council as 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 - in order to ensure adequate protection for the trees on site during the construction of the development.

(12)  That no more than 70 dwellings hereby granted planning permission shall be occupied unless the ‘Play Area’ indicated on plan No: HUX/POS Rev F is completed, laid out and equipped in accordance with a detailed scheme, including a programme of future maintenance, which has been submitted to and approved in writing by Aberdeen City Council as planning authority.  The approved ’Play Area’ shall not thereafter be used for any purpose other than as a Play Area.

(13)  That no dwellinghouse hereby approved dwellinghouses shall be occupied unless the access road and associated footways along the Lang Stracht and Fairley Road, as shown on drawing 96333/1001 Rev P, have been constructed in full accordance with the hereby approved plans, unless Aberdeen City Council as planning authority has given written consent for any variation.

(15)  That no development shall commence on site unless a site specific environmental management plan (EMP) must be submitted for the written approval of Aberdeen City Council as planning authority (in consultation with SEPA and other agencies such as SNH as appropriate) and all work shall be carried out in accordance with such approved plan.  Such plan must address the following: surface water management and pollution prevention; soils management; site waste management; and noise and dust management.

The Committee resolved:-

(i)         to agree that the Section 75 Legal Agreement required affordable housing to be provided on a pro rata basis as part of the original 70 units built; and

(ii)        to otherwise approve the application with the amended conditions as detailed.