Agenda item

Reference No - 130378

Planning application documents can be viewed here  -http://planning.aberdeencity.gov.uk/PlanningDetail.asp?130378

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 in respect of planning permission in principle for a residential development comprising approximately 550 residential units, commercial floor space, a replacement primary school, associated ancillary uses and infrastructure improvements including a new junction between the A93 and the Oldfold site, but to withhold the issue of the consent document until the applicant had entered into a section 75 legal agreement with the Council to secure (1) the provision of 25% affordable housing in accordance with the Development Framework and Masterplan and include a range of delivery options, including on-site provision; (2) developer contributions towards primary education provision and a proportionate element of land for a new school (to include community facilities, library facilities, sports and recreation facilities and playing field provision); (3) developer contributions towards secondary education, community facilities, healthcare provision, the core path network and the Strategic Transport Fund; and (4) developer contributions towards improvements at the North Deeside Road/Kirk Brae junction; and subject to the following conditions:-

(1)  That all development shall take place in accordance with the phasing strategy contained within section 6.1 of the Oldfold Design and Access Statement, unless otherwise agreed through the submission of a matters specified in conditions application for an alternative phasing programme covering the same matters;  (2)  That no more than 275 residential units shall be occupied unless all legs of the Aberdeen Western Peripheral Route (AWPR) have been constructed and are fully operational;  (3) That no more than 264 units shall be completed before the proposed mixed use centre within block G has been completed and is available for use;  (4)  That no residential unit within any phase (except phase 1 block U) shall be occupied unless the proposed signalised junction between the site and North Deeside Road (A93) has been constructed in accordance with Fairhurst drawing 83744/1099B (or such other drawing as may subsequently be approved in writing for the purpose by the planning authority) and is fully operational; (5)  That no development within phases 3, 4 or 5 shall take place unless a matters specified in conditions application for the provision of access into the development at the existing Binghill Road and Binghill Road West junction has been submitted to and approved by the planning authority; (6)  That no development within phases 4 or 5 shall take place unless a matters specified in conditions application for the provision of access into the development at the existing Binghill Road and Binghill Hedges junction has been submitted to and approved by the planning authority; (7) That no development within phase 1 block U shall take place unless a matters specified in conditions application for the upgrading of Murtle Den Road has been submitted to and approved by the planning authority; (8)  That no development within phases 4 or 5 shall take place unless a matters specified in conditions application for a signalised crossing point on Binghill Road has been submitted to and approved by the planning authority.  The specification and exact location shall be agreed through the said application; (9) That no development in any phase shall take place unless a matters specified in conditions application comprising a scheme of all foul and surface water drainage works for the whole development has been submitted to and approved by the planning authority in consultation with SEPA.  The scheme shall include a topographical survey and survey of all watercourses (both open and culverted) within the site and any areas downstream which may be affected by the development; (10)  That no development within any particular phase shall take place unless a matters specified in conditions application comprising programme of archaeological work in accordance with a written scheme of investigation for that particular phase has been submitted to and approved by the planning authority; (11) That no development within any particular phase shall take place unless a matters specified in conditions application comprising a scheme to deal with any contamination within that particular phase has been submitted to and 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 (1) an investigation to determine the nature and extent of contamination; (2) a site-specific risk assessment; and (3) a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  No building(s) within any particular phase shall be occupied unless (1) 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 for that phase; and (2) a report specifically relating to the building(s) within that phase have 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 buildings within any particular phase shall not be occupied unless a report has been submitted to and approved in writing by the planning authority that verifies that completion of the remedial works for that phase, unless the planning authority has given written consent for a variation; (12) That no development associated with the demolition of the Oldfold farm buildings shall take place unless a matters specified in conditions application comprising a bat survey has been submitted to and approved by the planning authority.  The survey must be carried out in accordance with the Council’s Supplementary Guidance 'Bats and Development' and identify any mitigation measures required to address any impact on bats or their roosts; (13) That no development shall take place in block U or phase 5 unless a matters specified in conditions application comprising a badger protection plan has been submitted to and approved by the planning authority.  The protection plan must include a survey which has been undertaken a minimum of 12 months prior to construction commencing; within a radius of 1km around the development site, and shall include an up to date assessment of badger activity in the development site surroundings.  Any required mitigation measures to minimise disturbance to badgers must be identified and be in accordance with Scottish Natural Heritage (SNH) best practice guidance; (14) That no development within any particular phase shall take place unless a matters specified in conditions application comprising a tree survey for that particular phase has been submitted to and approved by the planning authority.  The survey shall be undertaken in accordance with the Council’s Supplementary Guidance 'Trees and Woodland’; (15) That no development within any particular phase shall take place unless a matters specified in conditions application comprising a site specific construction environmental management plan (CEMP) for that particular phase has been submitted to and approved by the planning authority in consultation with SEPA; (16) That no development within any particular phase shall take place unless a matters specified in conditions application comprising a site specific site waste management plan (SWMP) for that particular phase has been submitted to and approved by the planning authority in consultation with SEPA; (17) That no development within any particular phase shall take place unless for that phase a matters specified in conditions application has been submitted to and approved by the planning authority comprising (a) details of existing and proposed site levels; (b) details of layout, design and external appearance of (i) buildings and ancillary structures; (ii) vehicular, cycle & pedestrian accesses and car & motorcycle parking; (iii) short and long term secure cycle parking; (iv) storage areas for waste and recyclables; (v) plot boundary enclosures; (vi) exterior lighting; and (vii) play zones (if relevant to that phase and in accordance with the Development Framework and Masterplan); and (c) details of compliance with the Council's supplementary guidance on Low and Zero Carbon Buildings;  (18) That no development within any particular phase shall take place unless a matters specified in conditions application comprising a scheme of hard and soft landscaping covering all areas of public and private green space for that particular phase has been submitted to and approved by the planning authority.  The scheme shall be in accordance with the Development Framework and Masterplan and include details of (a) tree and shrub numbers, densities, locations, species, sizes and stage of maturity at planting; (b) proposed hard surface materials; (c) existing stone field boundaries and how they would be integrated into the finished development; (d) the existing hedge on the boundary between the site and Binghill Road and how it would be integrated into the finished development; and (e) arrangements for the management and maintenance of open space; (19) That no unit within any phase shall be occupied unless a matters specified in conditions application has been submitted to and approved by the planning authority for the improvement of the existing bus stops at the following locations (a) on the north side of North Deeside Road, 27m west of Murtle Den Road; (b) on the south side of North Deeside Road, opposite Beaconhill Lodge; and (c) on the south side of North Deeside Road, 53m east of Binghill Road.  The said scheme should consider the provision of bus shelters, timetables, lighting, boarding kerbs, and clearway markings at each bus stop, taking into account the locational characteristics of each stop; (20) That no unit within any phase shall be occupied unless a matters specified in conditions application comprising a residential travel pack, aimed at encouraging use of modes of transport other than the private car, has been submitted to and approved by the planning authority; and (21) That the primary school shall not be occupied unless a matters specified in conditions application which identifies safe routes to the new primary school from within the development and the existing settlement of Milltimber and any associated work to create the safe routes, has been submitted to and approved by the planning authority.

The Convener moved, seconded by Councillor Jaffrey:-

That the application be approved in accordance with the recommendation contained within the report.

Councillor Young moved as an amendment, seconded by the Vice Convener:-

That the application be approved in accordance with the recommendation contained within the report with the exception that developer contributions be sought towards the Deeside Way instead of the core path network in terms of the section 75 legal agreement. 

On a division, there voted:- for the motion  (11)  -  the Convener; and Councillors Corall, Grant, Greig, Jaffrey, MacGregor, Jean Morrison, Samarai, Jennifer Stewart, Sandy Stuart and Townson;  for the amendment  (4)  -  the Vice Convener; and Councillors Lawrence, Thomson and Young.

The Committee resolved:-

to adopt the motion.