Agenda item

Planning Reference – 140272

Planning Application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=140272

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 planning permission for a residential development of 107 private dwellings, 12 affordable apartments and ancillary works, subject to the conclusion of a legal agreement to secure (a) delivery of 10% on site affordable housing units and a commuted sum for 15% affordable housing units; (b) developer contributions towards primary and secondary education, sport and recreation and healthcare;  and (c) financial contributions towards the delivery of the Link Road and restriction to no more than 160 units on the wider Friarsfield Opportunity Site (OP51) until the completion of a new link road from Kirk Brae to Craigton Road, and subject to the following conditions:-

(1)          That no development pursuant to the planning permission hereby approved shall take place unless a detailed delivery statement for the entire Link Road has been submitted for the further written approval by the Planning Authority – in the interests of promoting sustainable transport; (2) that no development pursuant to the planning permission hereby approved shall take place unless there has been submitted to and approved in writing by the planning authority a detailed design for the section of the Link Road which runs through the application site. The plans shall include details of junctions, cycle/pedestrian paths, laybys and bus stops  – in the interests of promoting sustainable transport; (3) that no development pursuant to the planning permission hereby approved shall take place unless details of a  controlled pedestrian crossing adjacent to  Kirkbrae Avenue, footway on Kirk Brae and associated linkage to that footpath within the application site, have been submitted for the further written approval of the Planning Authority and thereafter no house on the west side of the Link Road shall be occupied unless said footpaths and crossing are fully operational – in the interests of pedestrian safety and safer routes to school; (4) that no development shall take place within the application site unless a full programme of works relative to the realignment of the core path along the eastern boundary of the site (to include but not limited to time lines for path closures and undertaking work, specification of path, soft and hard landscaping, and protective fencing during construction stage) has been submitted to and approved in writing by the planning authority. Thereafter, the path shall be implemented in full accordance with the approved details and be available for public use prior to, and during, any other construction works within the application site – in order to ensure the use of the core path is disrupted as little as possible and upgraded to the best possible standard; (5) that no development pursuant to the planning permission hereby approved shall take place unless an updated SUDS scheme has been submitted for the written approval of the planning authority, in consultation with SEPA, and thereafter, no individual house shall be occupied unless the drainage required for the house has been  carried out in accordance with the approved scheme - to ensure adequate protection of the water environment from surface water run-off; (6) that no development pursuant to the planning permission hereby approved shall take place unless the mitigation measures as identified in the Ecological Assessment (dated September 2013) by Nigel Rudd Ecology have been taken account of and implemented in their entirety – in the interests of safeguarding the fauna and habitats on-site; (7) that no development pursuant to the planning permission hereby approved shall take place unless until a site specific Construction Environmental Management Plan (CEMP) has been submitted and approved in writing by the Planning Authority in consultation with SEPA, SNH or other agencies as appropriate.  All works on site must be undertaken in accordance with the approved CEMP unless otherwise agreed in writing with the Planning Authority. The CEMP must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS which shall be implemented for the duration of works on site and the following issues (a) surface water management; (b) site waste management; and (c) buffer strips - In order to minimise the impacts of necessary demolition/construction works on the environment; (8) that no development pursuant to the planning permission hereby approved shall take place unless details of the protection and enhancement of the water course and associated buffer strip, including access for maintenance, has been submitted to and approved in writing by the planning Authority consultation with SEPA. All works on site must be undertaken in accordance with the approved details unless otherwise agreed in writing with the Planning Authority – in the interests of nature conservation and safeguarding the fauna and habitats on-site; (9) that no development pursuant to the planning permission hereby approved shall take place unless a full site waste management plan for the processing of construction and demolition waste has been submitted to and approved in writing by the planning authority. No work shall be carried out unless in accordance with the approved plan unless the planning authority has given written consent for a variation - to ensure that waste on the site is managed in a sustainable manner; (10) 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 the planning authority. No individual house shall be occupied unless the lighting relative to that part of the site (e.g. east or west of the Link Road) has been implemented in accordance with the approved plans unless otherwise agreed in writing - in the interests of public safety, protecting residential amenity and protecting wildlife; (11) that no development pursuant to the planning permission hereby approved shall take place unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of hard and soft landscaping for the site, which scheme shall include (a) the materials to be used for all hard surfaces including footpaths; (b) detailed specification of children’s play equipment; (c) indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and (d) the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting - in the interests of the amenity of the area; (12) that no development pursuant to this planning permission shall take place, nor shall any part of the development hereby approved be occupied, unless there has been submitted to and approved in writing by the Planning Authority, a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission and to include details of the access into the agricultural field adjacent to plots 101 & 102 and details of the new dry stone dykes. No individual house shall be occupied unless the enclosure relative to that house has been implemented in accordance with the approved plans - in order to preserve the amenity of the neighbourhood (13) that no development pursuant to the planning permission hereby approved shall take place unless further details and samples of all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed unless otherwise agreed in writing- in the interests of visual amenity; (14) that no development pursuant to the planning permission hereby approved shall take place unless there has been submitted to and approved in writing a detailed Residential Travel Pack, 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 - in order to encourage more sustainable forms of travel to the development; (15) that no development pursuant to the planning permission hereby approved shall take place unless there has been submitted to and approved in writing, visibility splays for each junction within the development, which shall include details of the bin collection points and any hard and soft landscaping within the line of sight – in the interests of road safety; (16) that no development pursuant to the planning permission hereby approved shall take place unless plot specific site sections have been submitted for the further written approval of the Planning Authority. Sections shall also be provided for the proposed access into the agricultural field between  plots 101 & 102 and the usable open space as shown on drawing L(--)007 rev B– in order to better understand the site levels; (17) that no development pursuant to the planning permission hereby approved shall take place unless further details are submitted for the written approval of the Planning Authority relative to the sub-station. Such details shall include size and colour of unit, along with the proposed access and servicing arrangements and screening – in the interests of visual amenity; (18) that no residential unit within the development hereby approved shall be occupied unless a phasing plan for the entire development, which shall include timing of delivery of affordable units, provision of footpath and road linkages to the adjacent sites and provision of open space and play park, has been submitted for the further written approval of the Planning Authority and thereafter the construction is undertaken in accordance with the plan unless the Council provide written agreement to the contrary – in the interests of the ensuring pedestrian and vehicular connectivity, facilitating the future Link Road in accordance with the Development Framework; (19) that no dwellinghouse hereby granted permission shall be occupied unless the Proposed Playground Area as indicated on plan no L(--)006 rev F and L(--)002 rev L is completed, laid out and equipped in accordance with a detailed scheme, including sections through the land north-south and a programme of future maintenance, which has been submitted to and approved in writing by the Planning Authority. The approved ‘Play Area’ shall not be thereafter used for any purpose other than a Play Area – in order to ensure the timeous and future provision of play facilities within the site; (20) 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) 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 - in order to preserve.the character and visual amenity of the area; (21) that none of the affordable housing flats hereby granted planning permission shall be occupied unless (a) a scheme detailing cycle storage provision has been submitted to, and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme; and (b) further details of the proposed car park layout are submitted to, and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme – in the interests of road safety and encouraging more sustainable modes of travel; (22) that no part of the development hereby approved shall be occupied unless details of the zero and low carbon equipment to be incorporated into the development and predicted carbon emissions, using SAP or SBEM calculations, have been approved in writing by the planning authority and unless the equipment has been installed in accordance with those approved details - to ensure this development complies with requirement for on-site carbon emissions contained in Scottish Planning Policy (SPP) and specified in the City Council's relevant published Supplementary Planning Guidance 'Low and Zero Carbon Buildings'; (23) that no residential unit on the east or west side of the Link Road respectively shall be occupied unless the vehicular access roads and pedestrian footpaths relative to that section have been constructed to the legal boundary of the land in the applicant’s ownership (even if this requires the demolition of a mutually owned wall) as shown on drawing no’s L(--)006 rev F and L(--)002 rev L unless the planning authority has given written consent for the variation – in the interests of ensuring pedestrian and vehicular connectivity, facilitating a future link to the existing site to the east and prospective site to the west, and in accordance with the adopted Development Framework; (24) that no development, including SUDS embankments, should be constructed within the modelled 1 in 200 year flood envelope except indicated road infrastructure crossing the flood plain which must be built at present ground levels unless otherwise agreed in writing by the Planning Authority in consultation with SEPA – in order to limit potential flooding as a result of the proposal; and (25) that no development shall take place within the application site until the application 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 which has been submitted by the applicant and approved by the planning authority – in the interests of protecting items of historical importance as may exist within the application site.

INFORMATIVES

1.         That, except as the Planning Authority may otherwise agree in writing,

(a)       no piling work shall be carried out; and

(b)       no construction or demolition work shall take place  outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays; 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]

            in the interests of residential amenity.

2.         It is recommended that the CEMP is submitted at least 2 months prior to the commencement of any works on site; this is to allow the necessary agencies sufficient time to fully review the mitigation proposals to avoid any potential delays to the project moving forward.

The Convener moved, seconded by Councillor Corall:-

(a)          that the application be approved, subject to the conclusion of the legal agreement and the conditions set out in the report;

(b)          that officers be instructed to enter into discussions with the developer with a view to securing the construction of the 12 affordable housing units within the first 160 units on the wider Friarsfield Development Framework site – to ensure delivery of affordable housing should the completion of the link road not proceed;  and

(c)          that officers be instructed to enter into discussions with the developer to ensure that appropriate temporary traffic calming measures were provided on Friarsfield Road until the link road was completed.

Councillor Boulton moved as an amendment, seconded by Councillor Jennifer Stewart:-

That consideration of the application be deferred to the next meeting of the Planning Development Management Committee to allow further discussion with the developer in relation to mitigation of the roads concerns; the production of a phasing plan; and evidence that the link road would be delivered.

On a division, there voted:- for the motion (9) – the Convener; and Councillors Corall, Cormie, Crockett, Jaffrey, Lawrence, MacGregor, Jean Morrison and Sandy Stuart; for the amendment (6) – the Vice Convener; and Councillors Boulton, Greig, Malik, Jennifer Stewart and Thomson.

The Committee resolved:-

to adopt the motion..