Agenda item

The Council had before it a report by the Director of Communities, Housing and Infrastructure which recommended:-

That the Council approve the application for planning permission in principle for a national development comprising construction of new infrastructure to facilitate the creation of a new deep water harbour, including new roads, parking and means of access, temporary construction and fabrication areas and other associated development, subject to the conditions listed below ensuring restoration and reinstatement of all temporary working/manufacturing areas; and requiring submission of precise details relating to all aspects of road design, realignment and off-road cycle path improvements.

            (1)  That no development associated with the road and drainage works pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority, within two years of the date of this planning permission in principle hereby approved, for approval of the matters specified in this condition and such approval has been granted; these matters being details of (a) all proposed road works; including location; alignment; and typical cross-section details; and (b) all proposed drainage provision, including a Detailed Surface Water Drainage Plan, showing full details of drainage that is to be tied into the existing drainage system, or alternative arrangements to the satisfaction of the planning authority; (2) That no development associated with the temporary construction areas pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; these matters being details of all proposed works within the temporary construction and fabrication areas identified on drawing no ‘Acad 01/4a’. Such details shall include location; layout; materials; siting, nature and specification of equipment; means of access; boundary treatments, parking and lighting; (3) That no development associated with the reinstatement of the temporary construction and fabrication areas as referred to in condition 2 above, pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority, within two years from the date of the planning permission in principle hereby approved, for approval of the matters specified in this condition and such approval has been granted; these matters being a proposed scheme of restoration and reinstatement of the temporary construction and fabrication areas as referred to in Condition 2 of this consent. Thereafter all reinstatement works shall be implemented in accordance with the details therein, and completed within six months of the cessation of such use; (4) That no development connected with any individual works referred to in the description of the development pursuant to the planning permission in principle hereby approved, and not otherwise addressed through respective conditions, shall be carried out until such time as a further application has been made to the planning authority, within four years from the date of the planning permission in principle hereby approved, for approval of the matters specified in this condition and such approval has been granted; these matters being full details of any additional, associated development that is required within and directly abutting the application site and as identified within the description of the development, including full details of any footpaths and cycle paths; (5) That no development associated with the road and drainage works pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; these matters being a pre-works Topographical Survey and a programme for submission of a post-works Topographical Survey. The surveys shall demonstrate that the works proposed under this application will not have any additional detrimental effect on the supporting coast line on Greyhope Road and the Coast Road as a result of the proposed development, and thereafter all approved works shall be implemented in accordance with the details therein; (6) That no development associated with the road and drainage works pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority, within two years from the date of the planning permission in principle hereby approved, for approval of the matters specified in this condition and such approval has been granted; these matters being a Monitoring Plan. The plan shall demonstrate that the works proposed under this application will not have a detrimental effect on the existing coastal edge on Greyhope Road and the Coast Road, and shall include relevant measures to ensure they are not put at risk as a result of the proposed development. Thereafter all approved works shall be implemented in accordance with the details therein; (7) That no development pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted in direct consultation with SEPA; these matters being a Construction Environmental Management Plan relating specifically to the works proposed within this application. Thereafter all approved works shall be implemented and carried out in accordance with the details therein; (8) That no development associated with works that would impact the existing culvert capacity pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority, within one year of the date of the planning permission in principle hereby approved, for approval of the matters specified in this condition and such approval has been granted in direct consultation with SEPA; these matters being a scheme demonstrating that the capacity of existing culverts will not be reduced as a result of the proposed development; and (9) That no development associated with infrastructure works on the land above Nigg Bay SSSI pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority, within two years from the date of the planning permission in principle hereby approved, for approval of the matters specified in this condition and such approval has been granted in direct consultation with SNH; these matters being an Engineering Assessment. The assessment shall demonstrate that there would be no adverse impact on the Nigg Bay SSSI as a direct result of the construction and operation of any infrastructure works, whether temporary or permanent, proposed within this application. Thereafter all approved works shall only be implemented where the assessment has demonstrated no adverse effect, and shall be carried out in accordance with the details therein.

DIRECTIONS

(1) 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 5 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 conditions 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 5 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.

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

That the subsection (2)(b)(ii) of section 59 shall apply as respects the permission with the substitution for the period of 2 years referred to in that subsection of 4 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 on the expiration of 4 yearsfrom 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 - pursuant to Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

INFORMATIVES

(1) ACCESS RIGHTS TO RAILWAY BRIDGES

Additional servitude rights of access/bridge agreements in respect of the two southern bridges (133/385 and 133/386) would have to be secured from Network Rail for the creation of any proposed pedestrian links.

(2) DRAINAGE ADJACENT TO RAILWAY LINE

All surface or foul water arising from the development must be collected and diverted away from Network Rail property.  Any Sustainable Urban Drainage Scheme should not be sited within 10 metres of railway infrastructure and should be designed with long term maintenance plans which meet the needs of the development.

(3) ACCESS RESTRICTION

If not already in place, the applicant must provide a suitable trespass proof fence of at least 1.8 metres in height adjacent to Network Rail’s boundary and provision for the fence’s future maintenance and renewal should be made.  Network Rail recommends a 1.8 metre high ‘rivet-less palisade’ or ‘expanded mesh’ fence.  Network Rail’s existing boundary measure must not be removed without prior permission.

(4) PROXIMITY TO RAILWAY LINE

Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail’s Asset Protection Engineer for approval prior to works commencing on site.  Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a “possession” which must be booked via Network Rail’s Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks.

(5) NETWORK RAIL CONTACT

The developer must contact Network Rail’s Asset Protection Engineers regarding the above matters.

Councillor Milne moved, seconded by Councillor Donnelly:-

That the Council approve the recommendation contained within the report.

Councillor Dickson moved as an amendment, seconded by Councillor Greig:-

That the Council refuse planning permission in principle on the grounds that there would be a detrimental impact on residential amenity due to the loss of green space during temporary construction, and as a result of increased traffic damaging the amenity of the area and residents’ enjoyment thereof.

On a division, there voted:-

For the motion  (39)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton Cameron, Carle, Cooney, Copland, Corall, Cormie, Crockett, Delaney, Donnelly, Jackie Dunbar, Lesley Dunbar, Finlayson, Flynn, Graham, Grant, Hutchison, Ironside, Jaffrey, Laing, Lawrence, MacGregor, Malik, Malone, Milne, Jean Morrison, Nathan Morrison, Nicoll, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Taylor, Townson, Young and Yuill.

For the amendment  (2)  -  Councillors Dickson and Greig.

The Council resolved:-

to adopt the motion.