Agenda item

Planning Reference Number – 161065

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

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Planning Officer – Gavin Evans

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

that the application be approved subject to the following conditions:-

CONDITIONS:

(1)       That no part of the development hereby approved shall be occupied or brought into use until such time as a 'service vehicles only' zone and associated resurfacing have been implemented around the junction of Flourmill Lane, Netherkirkgate, the development car park entrance and the exit out onto Broad Street, in accordance with a drawing submitted to and approved in writing by the planning authority, in consultation with the Council's Roads Development Management Team - in the interests of pedestrian safety and the free flow of traffic.

(2)       That the development hereby granted planning permission shall not be occupied unless the cycle storage facilities as shown on the approved drawings, or others subsequently approved in writing by the planning authority, have been provided - in the interests of encouraging more sustainable modes of travel.

(3)       That no part of the development hereby approved shall be occupied or brought into use until such time as a scheme for the allocation of car parking to respective uses based on their floorspace has been submitted to and agreed in writing by the planning authority, in consultation with the Council's Roads Development Management Team - in order to ensure that each occupying use has access to an appropriate level of car parking and compliance with the Council's 'Transport and Accessibility' supplementary guidance is maintained.

(4)       That hotel and office uses shall not be brought into use until such time as an individual Travel Plan for each occupier has been submitted to and approved in writing by the planning authority, based on the Travel Plan Framework: Issue 2, dated 08/09/14 and including a Travel Pack for employees and (for the Hotel) guests.

Retail and restaurant units may not be occupied until such time as a Travel Pack, submitted to and approved in writing by the planning authority, has been produced and distributed to staff, based on that produced for hotel staff - in order to encourage sustainable travel.

(5)       That the approved works shall be carried out in full accordance with the agreed dust management plan (Morgan Sindall Dust Management Plan – Rev 3) unless otherwise agreed in writing by the planning authority - in order to mitigate adverse air quality impacts arising during construction

(6)       Development shall not be undertaken other than in accordance with the written scheme of investigation prepared by Cameron Archaeology, dated 25th January 2015, or any other such scheme as has been submitted by the applicant and approved by the Planning Authority for this purpose.  The programme of archaeological work will include all necessary post- excavation and publication work - in the interests of protecting items of historical importance as may exist within the application site.

(7)       That the approved works shall be undertaken in full accordance with the approved Construction Method Statement (Morgan Sindall Construction Method Statement: rev 1) unless otherwise agreed in writing with the Planning Authority - In order to minimise the impacts of necessary construction works on the environment.

(8)       That no building within the development shall be occupied unless the development has been carried out in full accordance with the detailed scheme of materials and finishes approved in writing by the planning authority (Drawings PL-019 Rev D; PL-020 Rev C; PL021 Rev C; and PL-022 Rev F - or any other such scheme as may be agreed for this purpose) in the interests of visual amenity and preserving both the setting of adjacent listed buildings and the character of the Union Street Conservation Area.

(9)       That no buildings within the development shall be occupied unless a Waste Management Plan, including details of arrangements for the segregation, storage, collection and management of hotel, commercial and business waste, have been submitted to, and approved in writing by, the planning authority, and thereafter has been implemented in full - in order to ensure compliance with policy R6 (Waste Management Requirements for New Development) of the Aberdeen Local Development Plan.

(10)     That no buildings within the development hereby approved shall be occupied unless the recommended measures specified within the Atelier Ten Sustainability and Low Carbon Development Statement, dated 27/3/13 (or any other such report as has been approved in writing by the planning authority for this purpose) 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'.

(11)     That no buildings within the development hereby approved shall be occupied unless the scheme of drainage shown in the submitted Drainage Impact Assessment, drawing ref 95814/2001-A, or any other such scheme as has been submitted to and approved in writing by the planning authority prior to development commencing, has been implemented in full - in order to ensure surface water is appropriately managed.

(12)     That no part of the development hereby granted planning permission shall be occupied unless details of suitable filtrated extraction systems, with any terminal point at the highest part of the building have been submitted to and approved in writing by the planning authority and that the said scheme has been implemented in full and is ready for operation - in order to avoid adverse impact arising from the release of odours.

(13)     That all building services and fixed plant including fans, ventilation exhausts and inlets shall be designed to not exceed 40db LAeq outside nearby residential properties and an internal level of NR35 between the hours of 07.00 and 23.00 and NR25 at all other times with windows closed - in order to ensure appropriate noise levels within buildings.

(14)     That no buildings within the development shall be occupied unless development has been undertaken in full accordance with the approved 1:20 construction drawings (HFM letter of 13/7/15 and accompanying drawings, refs.  PL-200A, PL-201, PL-202), showing the detailing of points where there would be a change in the surface finishes (e.g.  point where glazed sections of frontage meet granite-clad sections) (or any other such drawings submitted to and approved in writing by the planning authority for this purpose) - to ensure an appropriately high quality of detailing commensurate with the civic scale and setting of the proposal.

(15)     That no building within the development shall be brought into use or occupied until such time as the agreed lighting measures, detailed in Atelier Ten Lighting Design Report: Rev 06 (or any other such scheme as may be approved in writing by the planning authority for this purpose) have been fully implemented - in the interests of visual amenity.

(16)     That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing Nos.  PL-003-Rev A and PL-004-Rev B of the plans hereby approved or such other drawing(s) as may subsequently be submitted and approved in writing by the planning authority.  Such areas shall not thereafter be used for any other purpose other than the purpose of the parking of cars ancillary to the development and use thereby granted approval - in the interests of public safety and the free flow of traffic.

(17)     That, unless otherwise agreed in writing by the planning authority, deliveries to the premises via heavy goods vehicles shall be restricted to 07.00 to 19.00 Mon-Sat and 09.00-19.00 Sun, in order to prevent any adverse impact on amenity as a result of deliveries and servicing occurring at unsociable hours.

(18)     That no buildings hereby granted planning permission shall be occupied unless the areas of public open space and associated hard and soft landscaping as identified on the approved drawings (HFM drawings: (90)002-rev 17; (90)101-rev 1; (90)102-rev 1; (90)002-rev 1; (90)103-rev 1; (90)105-rev 1; (90)-107-rev 1; (90)108-rev 1; (90)109-rev 1; (90)110-rev 1; (90)111-rev 1 Ian White Associates drawings: 1986/01-rev C; 1986/02; 1986/D01-rev A; 1986/D02-rev A; 1986/D03-rev A; 1986/D04 / 05 / 06-Rev A 1986/D07 / 08-rev A) (or such other drawing as may be subsequently approved), excluding those works relating to the pedestrianisation of Broad Street, have been laid out in full and made available for use – in order that the development is given an appropriately high quality setting, reflecting its prominent city centre location.

(19)     That no buildings hereby granted planning permission shall be occupied unless appropriate measures have been implemented to mitigate localised wind conditions within the development site, in accordance with the approved Wind Mitigation Report and associated appendices, submitted by HFM on 13/7/15 - in order to ensure that the environment within areas of public open space demonstrates due regard for localised wind conditions.

(20)     That, notwithstanding their annotation as 'retail' on the approved drawings, none of the ground-floor commercial units hereby approved within office buildings 01 and 02 shall be used other than for uses within Use Classes 1 (shops); 3 (food and drink) or a total of 6,300 square feet of sui generis (public house) of the Use Classes (Scotland) Order 1997;  and that at least 50% of the total originally consented ground-floor commercial floorspace shall be used for purposes within Use Class 1 (shops) unless otherwise agreed in writing by the planning authority - in the interests of securing an appropriate live and active frontage to the development, and maintaining an appropriate mix of uses which can contribute positively towards the vitality and viability of the City Centre as a first-tier retail location.

The Committee resolved:-

to approve the application conditionally.