Agenda item

With reference to Article 2 of the minute of meeting of the Planning Development Management Committee of 21 August 2014, which had been referred to it for consideration by five members of the Committee, the Council had before it (1) a report by the Head of Planning and Sustainable Development in response to the application for a residential-led mixed use development, including approximately 3,000 homes, employment, education, retail, leisure and community uses and associated new and upgraded access roads, landscaping and ancillary engineering works in respect of Aberdeen Local Development Plan Site OP58 - Countesswells, lying west of Hazlehead Park; and (2) the decision of the Committee - to approve the application in accordance with the recommendation contained within the report.

The report recommended:-

that the Committee express a willingness to approve the application but to withhold the issue of the consent document until the applicant had entered into a legal agreement with the Council to address the following matters:- the provision of 25% affordable housing on site in accordance with the Development Framework and including a range of delivery options, including contributions towards a gypsy traveller halting site; developer contributions towards primary education provision (one two stream and one three stream school) and a new secondary school plus serviced land for the foregoing; developer contributions towards community facilities, library, sports provision, playing fields and healthcare; developer contributions towards the Strategic Transport Fund; developer contributions towards mitigation on the local roads network together with the provision of mitigating infrastructure if necessary, following analysis of:- existing and proposed junctions along Lang Stracht; Queens Road/Kings Gate; Springfield Road / Countesswells Road; Kirk Brae / A93 North Deeside Road; and Friarsfield Road / Kirk Brae; and developer contributions towards the Core Paths Network, subject to the following conditions:-

(1)  That no development shall be undertaken in any phase unless a detailed phasing programme outlining the delivery of buildings, open space and roads infrastructure across the entire application site has been submitted to, and approved in writing by the planning authority via a formal 'Matters Specified in Conditions' (MSC) application; (2) That no development in connection with each respective block of the planning permission hereby approved shall take place until full details of the siting, design, external appearance and landscaping within the relevant phase of the development and the means of access serving the relevant block of development have been submitted to and approved in writing by the planning authority.  The development shall then be implemented in complete accordance with the approved details, or those subsequently approved.  Depending on the block, and unless otherwise agreed in writing with the planning authority, the MSC applications shall include (a) a detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point within the relevant block of development; (b) a detailed drainage plan for the relevant block of development, including full details of the proposed means of disposal of surface water from the relevant block of development, including how surface water run-off shall be addressed during construction, as well as incorporating the principles of pollution prevention and mitigation measures.  The final location of Sustainable Urban Drainage Systems (SUDS), including ponds, should be appropriately positioned in accordance with an agreed flood risk assessment; (c) full details of the connection to the existing Scottish Water foul water drainage network for the relevant block of development; (d) details of all cut and fill operations in the relevant block of the development; (e) the details of all roads, footpaths and cycleways throughout the relevant block of the development; (f) details of any screen walls/fencing to be provided within the relevant block of the development; (g) details of all landscaping, planting and screening associated with the relevant block of the development; (h) full details of the layout, siting, design and finish of all residential properties, throughout the relevant block of development; (i) full details of the layout, siting, design and finish of all non-residential properties throughout the relevant block of development.  This shall include but is not limited to; community facilities, health centre, schools, commercial premises, energy centres, pumping stations, and water treatment works; and (j) full details of all waste/recycling collection points, for residential and non-residential properties; (3)  The landscaping details to be submitted pursuant to condition 2 above shall include (a) existing and proposed finished ground levels relative to a fixed datum point; (b) existing landscape features and vegetation to be retained; (c) existing and proposed services including cables, pipelines and substations; (d) the location of new trees, shrubs, hedges, grassed areas and water features; (e) a schedule of plants to comprise species, plant sizes and proposed numbers and density; (f) the location, design and materials of all hard landscaping works including walls, fences, gates, street furniture and play equipment; (g) an indication of existing trees, shrubs and hedges to be removed; (h) a biodiversity action plan; (i) a management plan detailing appropriate management measures for all watercourse buffer strips; and (j) a programme for the completion and subsequent maintenance of the proposed landscaping.  All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of each respective phase of the development or such other date as may be agreed in writing with the planning authority.  Any planting which, within a period of 5 years from the completion of each phase of the development, in the opinion of the planning authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted; (4)  The details to be submitted pursuant to condition 2 for each respective block of the development shall show the proposed means of disposal of foul and surface water from the relevant block of the development within the form of a SUDS and include a development impact assessment and detailed design and methodology statement.  Unless otherwise agreed in writing by the planning authority, in consultation with SEPA, the development shall connect to the public sewer and the relevant block of the development shall not be occupied unless the agreed drainage system has been provided in its entirety and maintained thereafter throughout the lifetime of the consent in accordance with the approved maintenance scheme.  The details required shall also include details of the future long term maintenance of the system covering matters such as (a) inspection regime relating to matters such as outlets/inlets; (b) frequency and method of cleaning of filter trenches, removal of silt etc; (c) grass cutting (and weeding) regime for swales; (d) means of access for future maintenance; (e) how to ensure that planting will not be undertaken over perforated pipes; and (f) details of the contact parties for future factoring/maintenance of the scheme to protect the water environment and help reduce flooding; (5)  Prior to the commencement of any phase of development, as identified in the approved phasing plan required by condition 1, for each respective phase full details of the proposed street design for each block, which shall contain, but not be limited to, a parking strategy, road junctions and visibility splays, cycleway provision, gradients, level details, finishing/surfacing materials and crossing points, shall be provided for the further written approval of the planning authority in consultation with the roads authority.  The development shall be carried out in complete accordance with such a plan and buildings shall not be occupied unless the streets and parking areas for the respective block are complete and available for use unless otherwise agreed in writing by the planning authority as part of an occupancy plan; (6) Unless otherwise agreed in writing by the planning authority, no more than 300 residential units within the development shall be occupied until an upgraded Jessiefield roundabout and connecting road into the application site has been constructed in complete accordance with a scheme to be submitted to, and approved in writing by, the planning authority; (7) Prior to the opening of the AWPR, a scheme for the provision of a bus gate on Kirk Brae (C128C) close to the Kingswells roundabout shall be submitted to, and approved in writing by, the planning authority.  Thereafter the scheme shall be implemented in complete accordance with the details as so agreed, unless other approved in writing by the planning authority; (8) Unless otherwise agreed in writing by the planning authority, no more than 2,000 residential units within the development shall be occupied until a further upgrade solution to the Jessiefield roundabout or an equivalent financial contribution, has been constructed in complete accordance with a scheme to be submitted to, and approved in writing by, the planning authority; (9)  That no development shall commence until details of an appropriate segregated cycle connection to the crossing on the A944 towards the Prime 4 Business Park, has been submitted to, and approved in writing by the planning authority.  Thereafter the approved connection shall be provided in complete accordance with the details as so agreed; (10) Prior to the occupancy of each block, parking spaces, surfaced in hard standing materials shall be provided within the site in accordance with the agreed parking strategy in accordance with the Council's Car Parking Standards, unless otherwise agreed in writing with the planning authority; (11) That prior to the commencement of development, a Framework Travel Plan, setting out proposals for reducing dependency on the private car, shall be submitted to and approved in writing by the planning authority; (12) That no commercial/employment or residential element of the development shall be occupied unless there has been submitted to and approved in writing by the planning authority, a comprehensive Travel Plan for that part of the development, setting out proposals for reducing dependency on the private car.  Each Travel Plan shall identify measures to be implemented, the system of management, monitoring, review and reporting, as well as the duration of the plan; (13) That no development shall take place within any individual block unless there has been submitted to, and approved in writing by, the planning authority details identifying safe routes to schools within the proposed development.  This shall include details of measures, including a timetable for implementation, required to help ensure safe travel to school and the measures shall be implemented fully in accordance with such a plan;  (14) That no dwellings shall be occupied until such time as a public transport strategy, including proposals for the provision of either new or extended bus services linking the development with the existing public transport network, and details of the phased implementation of the strategy, have been submitted to and approved by the planning authority.  Thereafter the agreed strategy shall be implemented in full in accordance with such a scheme, unless otherwise agreed in writing with the planning authority; (15) The proposed development shall be limited to Phase 1, comprising 1,000 residential units; 1,000 square metres GFA Class 4 office space; 2,500 square metres GFA Class 1 retail space; and associated ancillary uses, for the period prior to the AWPR being open to traffic, and the consequent removal of trunk road status for the A90 Anderson Drive; (16) That no commercial development within the block that includes the 'town centre' (including the 2,500 square metres single unit of retail floorspace indicated in the approved Countesswells Development Framework) shall take place unless there has been submitted to and approved in writing by, the planning authority a Retail Impact Assessment (RIA) for the town centre.  The RIA shall assess the proposed scale and mix of town centre uses (Class 1, 2, 3, 7 and 11) and any impact on nearby town, district and neighbourhood centres and the city centre, together with an assessment of the scale and mix of town centre uses that are required to meet the retail and leisure needs of Countesswells residents and adjacent residential communities.  The assessment should also demonstrate how town centre uses should be phased to ensure the vitality and vibrancy of the town centre.  The precise level of retail and town centre uses shall be informed by the outcome of the RIA to ensure that there is no significant adverse impact on pre-existing centres; (17) No development in any individual block shall take place unless it is carried out in full accordance with a scheme to address any significant risks from 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 (a) an investigation to determine the nature and extent of contamination; (b) a site specific risk assessment; (c) a remediation plan to address any significant risks and ensure the site is fit for the use proposed; and (d) verification protocols to demonstrate compliance with the remediation plan.  No building(s) in the respective block shall be occupied unless (a) 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 (b) 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; (18) Notwithstanding the indicative layout in figure 96 of the Design and Access Statement (110342_das, Rev 140324), prior to the commencement of any works in any phase of the development, the location (NGR of source) and type (surface water or groundwater) of the private water supplies serving Bogskeathy and Upper Kingshill shall be identified.  Should they be groundwater fed and fall within 100m of roads, tracks or trenches or within 250m of foundations as proposed within the development, a quantitative hydrogeological assessment shall be submitted and, where appropriate, a scheme of protection and/or mitigation shall be developed by the applicant and agreed with the planning authority in writing in consultation with SEPA.  Once approved, the agreed scheme shall be implemented in full; (19)  That no development in each independant block pursuant to this planning permission shall commence unless (a) a detailed and finalised Construction Environment Management Plan (CEMP) is in place including site specific construction method statements, measures to minimise the risk of sediment entering watercourses on the site, and the mechanism for compliance, for that block; and (b) details of the SUDS scheme, its adoption and maintenance, in order to manage sediments and pollutants from construction and operation of the development have been submitted to and approved in writing by the planning authority in consultation with SEPA.  The mitigation measures outlined in the CEMP shall be informed by the result of a full ground (water and soil) investigation study.  All works on site must be undertaken in accordance with the approved CEMP unless otherwise agreed in writing with the planning authority; (20) Prior to the commencement of any work in any block of the development, a detailed scheme for the protection and enhancement of the water environment shall be submitted to, and approved in writng by, the planning authority in consultation with SEPA.  This shall include (a) confirmation of the location of all existing water bodies on site and demonstration of how they have been positively incorporated into the layout of the development, including appropriate buffer zones between the top of the bank of the watercourse and the development; (b) full details relating to the realignment/deculverting of any watercourse on site including the Cults Burn.  Any re-designed watercourses shall be designed to accommodate the 1 in 200 year flow from the whole catchment.  This shall include a low flow channel designed to accommodate the 1 in 2 year flow set within a wider channel capable of conveying the 1 in 200 year flow.  In addition, appropriate buffer zones shall be included between the edge of the wider channel (i.e. the extent of channel utilised during high flows) and the development; (c) full details relating to any other proposed engineering activities in the water environment, including the location and type of any proposed watercourse crossings.  Any proposed watercourse crossings shall be designed to accept the 1 in 200 year flow.  All works on site must be undertaken in accordance with the approved scheme unless otherwise agreed in writing with the planning authority in consultation with SEPA; (21) That the development hereby approved shall be connected to the public waste water system in line with PAN 79 Water and Drainage.  Any necessary upgrades to the public waste water system should be in place prior to the occupation of the phase of development requiring the upgrade; (22) Development in any individual block shall not commence until a water efficiency statement to illustrate the measures proposed to incorporate water saving technology, has been submitted to and approved in writing by the planning authority.  The measures contained therein shall thereafter be implemented, as approved; (23) No development in any particular phase of the development hereby approved shall take place unless surveys for protected species (red squirrel/bats/badgers) for that phase have been carried out and submitted to and approved in writing by the planning authority.  Thereafter no development shall take place within the relevant phase of the development unless detailed mitigation measures to safeguard any identified protected species have been submitted to and approved in writing by the planning authority.  No development shall take place within the relevant phase unless the mitigation measures which have been agreed in writing by the planning authority are carried out in accordance with the agreed scheme;  (24) That all works should be carried out in accordance with the approved Summary of Environmental Commitments containing within Chapter 18 of the Environmental Statement carried out by Ironside Farrar dated March 2014;  (25) No development shall take place within any individual block until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.  The programme of archaeological work will include all necessary post-excavation and publications; (26) No demolition of any traditional farmstead buildings or development shall take place prior to a photographic survey being undertaken by the developer and approved by the planning authority.  All elevations, both internal and external, together with the setting of the farmstead, and any unusual feature/s, shall be photographed and clearly annotated on a plan.  Photographs, which should be digital on cd, shall be clearly marked with place name for identification, national grid reference and planning reference and deposited in the local sites and monuments record; (27) That no development within any individual block shall 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; (28) Development in any individual block shall not commence until a bird hazard management plan has been submitted to and approved in writing by the planning authority.  The submitted plan shall include details of any flat/shallow pitched/green roofs on buildings within the site which may be attractive to nesting, roosting and "loafing" birds.  The management plan shall comply with the Advice Note 8 'Potential Bird Hazards from Building Design'.  The Bird Hazard Management Plan shall be implemented, as approved, on completion of the development and shall remain in force for the life of the buildings.  No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the planning authority; (29) That no development in any individual block 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; and (30) That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) in any individual block has been submitted to and approved in writing by the planning authority.  The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation.

DIRECTION UNDER SECTION 59 OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997:

That the subsection (2)(a)(i) of Section 59 shall apply as respects the permission with the substitution for the period of 3 years referred to in that subsection of 15 years, as is considered appropriate by the planning authority in this instance on the basis of the scale of the allocation.  The provisions of section 59(2) shall therefore be read as follows; that this planning permission in principle shall lapse unless a further application or applications for approval of the matters specified in all condition(s) attached to this grant of planning permission in principle across the entire site has been made before whichever is the latest of the following:-

(i)            the expiration of 15 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;

(iii)         the expiration of 6 months from the date on which an appeal against such refusal was dismissed;

- pursuant to Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

INFORMATIVES

(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)          For the avoidance of doubt, the term 'phase' within any condition shall refer to the phases as have been approved under the terms of condition 1 of the planning permission in principle hereby approved.

(3)          Unless otherwise agreed in writing with the planning authority, during the construction of any phase of the development, the normal hours of operation for all activity audible at the boundary of the nearest noise sensitive premises shall be between 07:00 to 19:00 hours Monday to Friday; 07:00 to 12:00 hours on Saturday, with no working on Sundays.

(4)          It is advisable that the developer contact the Council's Waste Aware Team to discuss the appropriate waste storage and uplift arrangements for the residential developments.

(5)          In the event that during construction, cranage or scaffolding is required, then their use must be subject to separate consultation with Aberdeen International Airport (AIA).  The applicant's attention is drawn to the requirement within the British Standard Code of Practice for the safe use of cranes, for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome.

Councillor Boulton moved as a procedural motion, seconded by Councillor Greig:-

That the application be deferred pending further information regarding infrastructural improvements.

On a division, there voted:-

For the procedural motion  (14)  -  Depute Provost; and Councillors Boulton, Donnelly, Finlayson, Greig, Jaffrey, Kiddie, Malik, Malone, Samarai, Jennifer Stewart, Thomson, Townson and Yuill.

Against the procedural motion  (26)  -  Lord Provost; and Councillors Allan, Blackman, Cameron, Carle, Cormie, Cooney, Crockett, Delaney, Dickson, Jackie Dunbar, Lesley Dunbar, Forsyth, Grant, Ironside, Laing, Lawrence, McCaig, May, Milne, Jean Morrison, Nathan Morrison, Noble, Sandy Stuart, Taylor and Young.

Absent from the division  (1)  -  Councillor Graham.

The Council resolved:-

to reject the procedural motion, and therefore consider the application this day.

Councillor Milne moved, seconded by Councillor Cormie:-

That the Council reaffirm the decision of the Planning Development Management Committee subject to an additional clause being inserted into the legal agreement with regard to monitoring the condition of Countesswells Road.

Councillor Boulton moved as an amendment, seconded by Councillor Thomson:-

That the Council refuse the application on the grounds that the surrounding roads infrastructure was currently unable to support the proposed development, and due to concerns over school capacity as a result of the proposed development.

DECLARATION OF INTEREST

At this juncture, Councillor Samarai declared an interest in the subject matter having realised that she knew one of the objectors through a business connection, and withdrew from the meeting.

On a division, there voted:-

For the motion  (31)  -  Lord Provost; and Councillors Allan, Blackman, Cameron, Carle, Cooney, Cormie, Crockett, Dickson, Donnelly, Jackie Dunbar, Lesley Dunbar, Forsyth, Graham, Grant, Ironside, Jaffrey, Kiddie, Laing, Lawrence, McCaig, Malik, May, Milne, Jean Morrison, Nathan Morrison, Noble, Sandy Stuart, Taylor, Townson and Young.

For the amendment  (9)  -  Depute Provost; and Councillors Boulton, Delaney, Finlayson, Greig, Malone, Jennifer Stewart, Thomson and Yuill.

Absent from the division  (1)  -  Councillor Samarai.

The Council further resolved:-

to adopt the motion.