Agenda item

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

That the Committee approve the application for planning permission in respect the demolition of the existing building and the erection of a 4 storey office development with associated access and car parking at 34-36 South Esplanade West, Torry, Aberdeen, subject to the following conditions:-

(1)  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:  an investigation to determine the nature and extent of contamination, a site-specific risk assessment, 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 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 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.  (2)  That, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place:  outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays; outwith the hours of 9.00 am to 4.00 pm Saturdays; or 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].  (3)  That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing No.  PL(20)012 Rev C of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority.  Such areas shall not thereafter be used for any other purpose other than the purpose of the parking of cars ancillary to the development and use thereby granted approval.  (4)  That the development hereby granted planning permission shall not be occupied unless all drainage works detailed on Plan No  B9308 - 101 or such other plan as may subsequently be approved in writing by the planning authority for the purpose have been installed in complete accordance with the said plan.  (5)  That none of the units hereby granted planning permission shall be occupied unless the cycle storage and motorcycle parking facilities as shown on drawing no.  PL(20)012 Rev C have been provided.  (6)  That no development shall take place unless there has been submitted to and approved in writing a detailed Green Transport Plan, 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.  (7)  That no other development in connection with the permission hereby approved shall take place and the access hereby approved shall not be brought into use unless visibility of 60 metres in both directions along the public road has been provided from a point 2.4 metres measured at right angles from the existing carriageway surface along the centre line of the approved access.  Once formed, the visibility splays shall be permanently retained thereafter and no visual obstruction of any kind shall be permitted between 0.26m and 1.05m above carriageway level within the visibility splays so formed.  (8)  That the building hereby approved shall not be occupied 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.  (9)  That no part of the development hereby approved shall be occupied unless the site and plot boundary enclosures for the entire development hereby granted planning permission have been implemented in their entirety.

The Committee were also circulated with (1) the following additional condition;

“That the development hereby granted planning permission shall not be occupied unless the southwest elevation of the adjacent property, 33 South  Esplanade West that will be exposed by development work has been remediated in full accordance with a scheme that has been approved in writing by the planning authority, unless the planning authority gives written notification that no remediation is required”;  and (2) suggested amended wording for condition 5 (as detailed above), as follows; “That the development hereby granted planning permission shall not be occupied unless a scheme detailing cycle storage provision and showering facilities has been submitted to, and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme.”

The Committee noted that if the application was approved, that delegated authority could be given to the Head of Planning and Sustainable Development to enter into discussions with the applicant and the Planning Gain Team to secure developer’s contributions.

The Convener moved, seconded by Councillor Grant:-

That the recommendation contained in the report, along with the additional condition and the amended condition 5 be approved.

Councillor Corall moved as an amendment, seconded by Councillor Cormie:-

That the application be refused due to the massing and scale of the development.

On a division, there voted:-  For the motion (8) – The Convener; and Councillors Boulton, Grant, Lawrence, Jean Morrison, MBE, Samarai, Thomson and Townson.  For the amendment (7) – The Vice-Convener; and Councillors Corall, Cormie, Greig, Jaffrey, MacGregor and Jennifer Stewart.

The Committee resolved:-

(i)         to adopt the motion; and

(ii)        to agree to delegate authority to the Head of Planning and Sustainable Development to enter into discussions with the applicant and the Planning Gain Team to secure developer’s contributions.