Agenda item

Reference No – 140438

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=140438

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 for a residential-led mixed use development, including approximately 3000 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, planning reference 140438, 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' application - in order to ensure development is progressively accompanied by appropriate associated infrastructure, and to inform the timescale for submission of further applications for 'Matters Specified in Conditions' specified in the planning authority's direction stated in this notice; (2)  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 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; j) full details of all waste/recycling collection points, for residential and non-residential properties in order to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006; (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; 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 - in the interests of protecting trees and ensuring a satisfactory quality of environment; (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 Sustainable Urban Drainage System 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; 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 - in the interests of road safety; (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 - In the interests of road safety; (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 - In the interests of road safety; (8) Unless otherwise agreed in writing by the Planning Authority, no more than 2000 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 - In the interests of road safety; (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 - in the interests of road safety and sustainable transportation measures; (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 - in the interests of road safety; (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 – in the interests of reducing travel by private car; (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 - in the interests of reducing travel by private car; (13) That no development shall take place within any individual block unless there has been submitted, to and approved in writing by, 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 - in order to promote sustainable and safe travel; (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 - in the interests of encouraging the use of public transport; (15) The proposed development shall be limited to Phase 1, comprising 1000 residential units; 1000 square metres GFA Class 4 office space; 2500 square metres GFA Class 1 retail space; and associated ancillary uses, for the period prior to the Aberdeen Western Peripheral Route being open to traffic, and the consequent removal of trunk road status for the A90 Anderson Drive - to limit the scale of the development to that considered within the supporting Transportation Assessment, in order to minimise the impact of development on the safety and free flow of traffic on the trunk road; (16) That no commercial development within the block that includes the 'town centre' (including the 2500m2 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 - in order to ensure that the level of retail floorspace is appropriate to the size of settlement; (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 many 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 - to ensure that the site is suitable for use and fit for human occupation; (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 250 m 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 - in order to protect the water environment and its users; (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 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 - in order to prevent potential water pollution and to minimise the impacts of construction works on the environment; (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 - to protect and improve the water environment and to protect people and property from flood risk; (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 - in order to ensure the appropriate connection is made to ensure satisfactory disposal of sewerage, and thereby maintain and improve standards of environmental quality, public health and amenity; (22) Development in any individual block shall not commence until a water effciency 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 - in order to ensure targets towards sustainability measures are met; (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 - to ensure the protection of protected species; (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  - in order to ensure that appropriate mitigation measures are in place to minimise the environmental impacts of the development; (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 – in order to ensure a historic record of the building; (27) That no development within any individual block 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 - to ensure that this development complies with requirements for reductions in carbon emissions specified in the City Council's relevant published Supplementary Guidance document, 'Low and Zero Carbon Buildings'; (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 - it is necessary to manage the site in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Aberdeen Airport; (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 - in order to ensure adequate protection for the trees on site during the construction of the development; (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 - in order to preserve the character and visual amenity of the area.

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.

INFORMATIVE 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 – in order to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

INFORMATIVE 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.

INFORMATIVE 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.

INFORMATIVE 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.

INFORMATIVE 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). We would like to draw the applicant's attention 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 - in the interests of aircraft safety and the operation of Aberdeen Airport.

At this juncture, Councillor Boulton, expressed disappointment that there was no school capacity information from the Education, Culture and Sport service contained within the report and moved as a procedural motion, seconded by Councillor Greig, that the Committee did not consider the application on this day.

On a division, there voted:- for the procedural motion (7) – the Vice Convener; and Councillors Boulton, Greig, Jaffrey, Samarai, Thomson and Yuill; against the procedural motion (7) – the Convener; and Councillors Corall, Cormie, Crockett, Lawrence, Jean Morrison and Townson.

There being an equality of votes, in accordance with Standing Order 15(5), the Convener exercised his casting vote against the procedural motion.  The Committee, therefore, proceeded to determine the application this day.

The Committee then heard from Mr Paul Williamson, Senior Planner, Mr Tom Rogers, Team Leader (Roads Projects), and Mr Euan Couperwhite, Infrastructure and Assets Programme Manager, in relation to the application. 

Mr Couperwhite advised that officers from the Education, Culture and Sport Directorate were actively involved with the Developer Contributions team, as well as the developer itself.  The first new primary school would only be viable with 120 to 150 pupils, and Mr Couperwhite explained that until this level of occupation was reached, the children would be educated at the former Braeside School.  Until the new secondary school was in place, officers were comfortable that there was sufficient capacity at Hazlehead Academy to accommodate pupils in the short to medium term.  Transport costs would form part of discussions with the developers and solicitors.  Mr Couperwhite advised that the occupancy figures were 500 houses for the first primary, and 1400 for the second primary school.  The Education, Culture and Sport Service would work closely with the developers to ensure that the first primary school would be started at the appropriate time.  The Committee heard that until there were sufficient numbers in the new development to fill a class at Braeside School, the children would initially be accommodated at Airyhall Primary School.  Mr Couperwhite explained that the consultation on the zoning for the new Countesswells development would be undertaken between October and December, and advised that this would also identify Braeside as an interim school which would negate the need to reconsult when that building was no longer in use.  The detailed information from the Education, Culture and Sport Service is appended to this minute.

The Committee asked further questions of officers.  As part of the discussion, Councillor Yuill asked if any traffic calming measures were needed on Countesswells Road when it was being utilised as the initial route for construction traffic, and it was agreed that any information on this matter could be emailed separately to Members.

The Convener moved, seconded by Councillor Cormie:-

That the Committee express a willingness to approve the application, in accordance with the recommendation contained with the report.

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

That the application be refused 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.

On a division, there voted:- for the motion (7) – the Convener; and Councillors Corall, Cormie, Crockett, Lawrence, Jean Morrison and Townson; for the amendment (7) – the Vice Convener; and Councillors Boulton, Greig, Jaffrey, Samarai, Thomson and Yuill.

There being an equality of votes, in terms of Standing Order 15(5) the Convener exercised his casting vote in favour of the motion.

The Committee resolved:-

to adopt the motion.

In terms of Standing Order 36(3), Councillor Boulton intimated she wished the matter to be referred to full Council in order for a final decision to be taken.  Councillor Boulton was supported by Councillors Greig, Samarai, Thomson and Yuill in this regard.