Agenda item

Planning Reference – 141888

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

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=141888

Planning Officer – Paul Williamson

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

That the Committee approve the application for planning permission for the upgrade of the Jessiefield roundabout Junction on the A944 in order to provide a connection of a new road, footpaths and cycle paths into the designated land release of Countesswells, identified as Opportunity Site OP58 within the Aberdeen Local Development Plan (2012), subject to the following conditions:-

(1)       That no development in connection with the planning permission hereby approved shall take place until full details of the siting, design/specification, and landscaping have been submitted to and approved in writing by the planning authority by way of separate application(s) for matters specified in condition (MSC applications).  The development shall then be implemented in complete accordance with the approved details, or those subsequently approved.  The MSC applications shall include (a) a detailed levels survey of the site and cross sections showing proposed finished road levels relative to existing ground levels and a fixed datum point; (b) a detailed drainage plan , including full details of the proposed means of disposal of surface water from the 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) details of all cut and fill operations; (d) the details of all roads, footpaths and cycleways including tie-ins to existing/proposed roads (including confirmation of control over necessary land); (e) details of any screen walls/fencing to be provided; (f) details of all landscaping, planting and screening associated with the development - 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;

(2)        The landscaping details to be submitted pursuant to condition 1 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 - in the interests of protecting trees and ensuring a satisfactory quality of environment;

(3)        The details to be submitted pursuant to condition 1 for the development shall show the proposed means of disposal of surface water from the development in accordance with 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 agreed drainage system shall 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 - to protect the water environment and help reduce flooding;

(4)        That no development pursuant to this planning permission shall commence unless the following has been approved by way of formal application(s) for approval of matters specified in condition:

(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; (b) a scheme of noise and dust suppression measures to minimise potential impact during the construction phase; and (c) 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.  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;

(5)        Prior to the commencement of any work in the development, a detailed scheme for the protection and enhancement of the water environment shall be submitted to, and approved in writing by, the planning authority in consultation with SEPA by way of formal application(s) for approval of matters specified in condition.  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;

(6)        No development in 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 by way of formal application(s) for approval of matters specified in condition.  Thereafter no development shall take place within 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 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;

(7)        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 by way of formal application(s) for approval of matters specified in condition.  The programme of archaeological work will include all necessary post-excavation and publications - in the interests of protecting items of historical importance as may exist within the application site;

(8)        That no development 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 by way of formal application(s) for approval of matters specified in condition 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;

(9)        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 by way of formal application(s) for approval of matters specified in condition.  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; and

(10)     That the agreed works pursuant to Condition 1 shall be carried out in their entirity, and to the satisfaction of the Planning Authority, prior to the occupation of the 1001st house constructed on the Countesswells development site as identified in the OP58 designation with the Aberdeen Local Development Plan (2012) - in the interests of road capacity and safety.

An additional condition was added by Planning Officers as follows:-

(11)     The development hereby approved shall not be opened to vehicular traffic until the development approved in planning permission in principle ref.  no.  141889 has been opened to vehicular traffic, or an alternative all-vehicle access and junction solution linking the Countesswells development site OP58 site to the Kingswells roundabout has been opened to vehicular traffic, all to the satisfaction of the Planning Authority.

INFORMATIVES

1.         that this planning permission in principle shall lapse unless a further application for approval of the matters specified in condition(s) attached to this grant of planning permission in principle has been made before whichever is the latest of the following;

(i)         the expiration of 3 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;

- 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.

2.         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.

The Convener, seconded by Councillor Boulton moved:-

That the application be approved in accordance with the recommendations contained within the report and the additional condition provided by Planning Officers above, and that a further condition be added as follows:- to erect temporary screening/landscaping to act as a screen/noise baffle during the construction of the development.

Councillor Crockett, seconded by Councillor Lawrence moved as an amendment:-

That the application be refused on the grounds that the proposed development would create an impact for traffic at the Kingswells Roundabout.

On a division, there voted:- for the motion (10) – the Convener, the Vice Convener and Councillors Boulton, Dickson, Greig, Jaffrey, Jean Morrison, Jennifer Stewart, Sandy Stuart and Thomson; for the amendment (3) – Councillors Crockett, Lawrence and Malik.

The Committee resolved:-

to adopt the motion.