Agenda item

Planning Reference - 141026

The documents associated with this application can be found at:-

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=141026

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

That the Council express a willingness to approve the application for planning permission in principle for the proposed development of a country house hotel comprising approximately 200 bedrooms, spa, swimming pool, function and conference facilities, restaurants and equestrian centre on the Hayfield site, associated car parking and alterations to access roads, subject to the conditions listed below, and also subject to referral to Scottish Ministers and permission to be withheld pending the securing of developer contributions towards upgrading of access roads and paths, recreational and wildlife enhancements to Hazlehead Park, public bus services and the Strategic Transport Fund.  This would also ensure the provision of facilities including the swimming pool, spa, restaurants, banqueting/conference facilities and equestrian centre and that these facilities be open to the public as well as hotel guests.

(1)  That no development on either site A or site B pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application or applications has/have been made to the planning authority for approval of the matters specified in the conditions attached to this planning approval relating to that site that require the further agreement of the planning authority prior to the commencement of development and such approval has been granted; (2) That this planning permission in principle shall lapse unless all further application(s) for approval of the matters specified in conditions attached to this grant of planning permission in principle have been made before whichever is the latest of the following (i) the expiration of three years from the date of this grant of planning permission in principle; (ii) the expiration of six months from the date on which an earlier application for the requisite approval of matters specified in conditions was refused; or (iii) the expiration of six months from the date on which an appeal against such refusal was dismissed; (3) That this planning permission in principle shall lapse on the expiration of two 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; (4) That no development pursuant to the planning permission in principle hereby approved shall be carried out for either site A or B until such time as further applications have been made relating to that site to the planning authority for approval of the matters specified in the conditions relating to (i) means of access; (ii) siting; (iii) design and external appearance of the building(s); and (iv) the landscaping of the site; (5) That the development shall not take place unless a traffic management plan for access to the development at site A and B has been submitted to, and approved in writing by, the planning authority by way of a formal application for approval of matters specified by condition.  The development on any one site shall not be brought into use unless all measures in the approved plan have been implemented on site that relate to the site in question unless the planning authority has given written approval for a variation.  Access to the development shall be in accordance with Option 2 within the Hyder Transportation Assessment dated 5 February 2015, or other subsequently approved.  The details to be included in the traffic management plan shall include (a) signing strategy to direct visitors to the hotel development; (b) routes for emergency vehicles and retention of all existing access arrangements within the park; (c) details of a barrier system and road layout within the site that would prevent ‘rat running’ through the park; and (d) swept path assessments shall be required for coaches, service vehicles and emergency vehicles; unless the planning authority has given written approval for a variation; (6) That service/delivery vehicles shall take access to the hotel via Countesswells Road only, unless otherwise agreed in writing with the planning authority; (7) That no development shall take place unless there has been submitted to and approved in writing by the planning authority by way of an application for approval of matters specified by condition, a detailed layout and specification for the upgrade of the park roads between the adopted section of Hazledene Road, Countesswells Road and the Hayfield site.  The propoals shall include details of road drainage and lighting.  Such proposals shall take into account the findings of tree surveys submitted in accordance with conditions on this permission and shall propose road widening and/or passing places as appropriate.  No development shall be brought into use unless the upgrade works as so agreed have been fully implemented unless the planning authority has given written approval for a variation; (8) That no development shall take place unless there has been submitted to and approved in writing by the planning authority by way of an application for approval of matters specified by condition, a detailed layout and specification for the upgrade of the core path between the site and the path link into the Pinewood/Hazledene site.  The proposals shall include details of lighting, taking into account any possible impact on wildlife.  Such proposals shall take into account the findings of tree surveys submitted in accordance with conditions on this permission.  The development on site B shall not be brought into use unless the upgrade of this stretch of core path within the park has taken place in accordance with the details as submitted unless the planning authority has given written approval for a variation; (9)  That no development shall take place unless there has been submitted to and approved in writing by way of an application for approval of matters specified by condition, 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.  The plan shall include the provision of bus service to be made available for the use of guests and staff and operating hourly between at least 7am and midnight, seven days per  week.  The hotel shall not be brought into use unless the measures, including the bus, have been implemented and are available for use, unless other agreed in writing by the planning authority; (10)  That development on sites A and B hereby granted planning permission in principle shall not be occupied unless 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 for that site unless the planning authority has given writen approval for a varaition; (11)  That the uses hereby granted planning permission shall not take place on sites A or B unless provision has been made within the site in question for refuse storage and disposal in accordance with a scheme(s) which has been submitted to and approved in writing by the planning authority; (12) That no development shall take place on any particular site 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 that site during construction works has been submitted to, and approved in writing by, the planning authority by way of an application for approval of matters specified by condition and any such scheme as may have been approved has been implemented on that site.  Such a plan shall consist of a full tree survey including details of the location, height, canopy spread, species and quality assessment; (13) That no part of the development hereby approved on any particular site 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) on that site 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; (14) That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is first occupied; (15)  That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the planning authority and no fire shall be lit in a position where the flames could extend to within five metres of foliage, branches or trunks; (16) That no development shall take place on site A unless there has been submitted to, and agreed in writing by, the planning authority by way of an application for approval of matters specified by condition a design statement for the proposal and the following (a) a rationale for the architectural approach to the development taking into account the context; (b) a visual assessment of the development from public viewpoints as agreed with the planning authority; (c) a survey of tree canopy heights in the surrounding area; (d) a plan showing the existing levels and proposed levels across the site; (e) heights of the buildings to be no higher than the tree canopy nearest to that part of the building, unless otherwise agreed with the planning authority; (f) details of all external finishing materials; (g) a minimum of three cross sections north–south and a minimum of three cross sections east-west showing the proposed building, ground level and adjacent woodland; (h) scaled layout plans, elevations and cross sections showing all proposed buildings and boundary enclosures on the site; (i) layout plan showing the existing dry stone walls on the site, and proposals for their rentention and repair.  All dry stone walls shall remain, with the exception of the wall that runs across the site.  The wall along the western site boundary may be relocated only in accordance with details to be submitted and approved in compliance with this condition.  The development shall be carried out in complete accordance with the details as so agreed unless the planning authority has given writen consent for a variation; (17) That no development shall take place on site B (Hayfield) unless there has been submitted to, and agreed in writing by, the planning authority by way of an application for approval of matters specified by condition a design statement for the proposal.  This shall include the following (a) a rationale for the architectural approach to the development taking into account the context; (b) a visual assessment of the development from public viewpoints as agreed with the planning authority; (c) a survey of tree canopy heights in the surrounding area; (d) a plan showing the existing levels and proposed levels across the site; (e) details of all external finishing materials; (f) cross sections, as agreed with the planning authority, showing the proposed building, ground level and adjacent woodland; (g) details of the refurbishment/renovation of existing detached house, stables and semi-detached houses.  The equestrian centre shall not be brought into use unless these existing buildings have been renovated in acccordance with such details, unless otherwise agreed in writing with the planning authority; (h) scaled layout plans, elevations and cross sections showing all buildings as existing and as proposed on the site (including existing and proposed walls and boundary enclosures).  All dry stone walls to remain, other than as otherwise agreed in writing with the planning authority.  The development shall be carried out in complete accordance with the details as so agreed unless the planning authority has given written consent for a variation; (18) That the development at site A shall not take place unless there has been submitted to and approved in writing by, the planning authority by way of an application for approval of matters specified by condition details of car parking.  No more than 75 spaces shall be provided above ground, with the remainder being underground.  The development shall not be brought into use unless the parking as so agreed has been laid out on site all in accordance with such details.  Thereafter the car parking area shall not be used for any purpose other than car parking, unless otherwise agreed in writing with the planning authority; (19) That the development at site B shall not take place unless there has been laid out on site car parking in accordance with a plan to be agreed in writing with the planning authority by way of an application for approval of matters specified by condition.  Thereafter the car parking area shall not be used for any purpose other than car parking; (20) Site A - that no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems (SUDS) has been submitted to and approved in writing by the planning authority in consultation with SEPA by way of an application for approval of matters specified by condition, and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme; (21) Site B - that no development shall take place unless a scheme of all drainage works designed to meet the requirements of SUDS has been submitted to and approved in writing by the planning authority, in consultation with SEPA, by way of an application for approval of matters specified by condition and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme; (22) Site A -  that the development hereby granted planning permission in principle shall not take place unless there has been submitted a full Drainage Impact Assessment by way of an application for approval of matters specified by condition, and the development shall not be occupied unless all drainage works as approved in writing by the planning authority for the purpose have been installed in complete accordance with the said plan; (23) Site B - that the development hereby granted planning permission in principle shall not take place unless there has been submitted a full Drainage Impact Assessment by way of an application for approval of matters specified by condition, and the development shall not be occupied unless all drainage works  as approved in writing by the planning authority for the purpose have been installed in complete accordance with the said plan; (24) That the proposed hotel development on site B shall provide no more than 200 bedrooms, nor shall there be provided more than a total of 27,000m2 gross floorspace (external measurements) (including the lower ground floor car parking); (25) Site A - that no part of this development shall take place unless a detailed assessment of the likely sources and levels of noise arising within and those audible outwith, the premises (including any externally mounted equipment) has been submitted to, and approved in writing by, the planning authority by way of an application for approval of matters specified by condition.  The noise assessment shall be carried out by a suitably qualified independent noise consultant.  All noise attenuation measures identified by the noise assessment which are required in order to prevent any adverse impacts on the amenity of users in the surrounding area shall be installed prior to commencement of the use hereby approved, unless the planning authority has given prior written approval for a variation; (26) That no development shall take place within the area indicated (in this case the area of the whole development) 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 authorityby way of an application for approval of matters specified by condition.  The programme of archaeological work will include all necessary post-excavation and publication work;(27) That water features indicated the plans shall not be installed unless detailed plans have been submitted to, and approved in writing by the planning authorityin consultation with SEPA by way of an application for approval of matters specified by condition, include detailed information on the size and design of the features, where the water to fill them would be sourced and how much would be required, whether the features would be online or offline and if it is proposed to stock the ponds with fish; (28) That no development shall commence on site A or on site B unless a site specific Construction and Environmental Management Plan (CEMP) for that site has been submitted to, and approved in writing by, the planning authority in consultation with SEPA (and Scottish Natural Heritage or other agencies as appropriate) by way of an application for approval of matters specified by condition.  All works on site must be undertaken in accordance with the approved CEMP(s) unless otherwise agreed in writing with the planning authority.  The CEMP shall also include (a) measures identified in  the Updated Ecology Report (including 2014 Updated Bat Survey) by Direct Ecology, 29.01.15 (version 2.1), or other such report as may be approved in accordance with these conditions; and (b) route of construction vehicles, taking into account results of the tree survey; (29) That no development shall take place on site A or site B unless there has  been submitted to, and approved in writing by the planning authority by way of an application for approval of matters specified by condition, pre-construction surveys for that site.  These shall survey for the same species that are included in the Updated Ecology Report (including 2014 Updated Bat Survey) by Direct Ecology, 29.01.15 (version 2.1), shall be carried out by suitably qualified persons and recommend mitigation measures.  No development shall take place on the sites unless all mitigation measures recommended for that site within the aforementioned report, or subsequent survey report if different, have been fully implemented on site, with the exceptions of tree planting and landscaping that may take place in accordance with the relevant conditions on this permission.  All unless otherwise agreed in writing with the planning authority; (30) That no removal of vegetation or trees (including turf stripping) shall take place during the bird nesting season (March to September); (31) That no development shall take place unless there has been submitted to and approved in writing by the planning authority, by way of MSC application, a layout plan showing proposed path network within the sites and including plans showing the path network within the surrounding area.  Development on the sites shall not be brought into use unless the paths on that site, as so agreed, have been laid out and are available for use, fully in accordance with the details as so approved; (32) That no scheme for external lighting shall be implemented unless it has been submitted to and approved in writing by the planning authority.  Lighting shall take into account the impact on wildlife and shall be of the bollard type, unless otherwise agreed in writing with the planning authority; (33) That no development pursuant to the planning permission in principle hereby approved shall be carried out on any particular site unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for that site, which scheme shall include proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.  Such plans shall take into account the need to blend landscaping in with the surrounding area and measures identified in the the Updated Ecology Report (including 2014 Updated Bat Survey) by Direct Ecology, 29.01.15 (version 2.1); and (34) That all planting, seeding and turfing in the approved scheme(s) of landscaping shall be carried out in the first planting season following the completion of the development on that site and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority.

INFORMATIVES

(1)       The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C697) and should incorporate source control; and

(2)       That notwithstanding the indicative drawings, the granting of planning permission in principle does not imply that the design approach indicated would be considered acceptable.  Design would be a matter to be fully considered in future MSC applications.

The Council also had before it the minute of meeting of the Planning Development Management Committee of 14 November 2014, when a pre-determination hearing was held.

Councillor Milne moved, seconded by Councillor Donnelly:-

That the Council approve the recommendation contained within the report.

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

That the Council refuse the application for planning permission in principle on the grounds that the proposed development was contrary to Policies NE2 ‘Green Belt’ and NE1 ‘Green Space Network’ of the Aberdeen Local Development Plan, would result in a significant loss of residential amenity and would create significant additional pressure on the local roads infrastructure which was already inadequate.

On a division, there voted:-

For the motion  (28)  -  Depute Provost; and Councillors Allan, Boulton, Cameron, Carle, Corall, Cormie, Cooney, Crockett, Dickson, Donnelly, Jackie Dunbar, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Jaffrey, Laing, Lawrence, Malik, Milne, Jean Morrison, Noble, Sandy Stuart, Taylor and Townson.

For the amendment  (7)  -  Councillors Delaney, Greig, MacGregor, Malone, Samarai, Jennifer Stewart and Yuill.

Declined to vote  (1)  -  Councillor Nathan Morrison.

Absent from the division  (2)  -  Councillors Thomson and Young.

The Council resolved:-

to adopt the motion.