Agenda item

Planning Reference – 160727

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

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Alex Ferguson

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.

1.     That no cooking or frying shall take place on the premises unless a suitable scheme capable of filtering, extracting and dispersing cooking fumes and a maintenance plan for the aforementioned scheme has been submitted to, and agreed in writing by the Council as planning authority. Thereafter the approved scheme shall be implemented and maintained in full accordance with the agreed details prior to the carrying out of any cooking or frying on the premises.

Reason: In the interests of preserving the amenity of neighbouring residential properties.

2.     That the use of the building for the purpose hereby approved shall not commence until such time as the bin storage area as shown in approved drawings WD.01 Rev C and WD.02 Rev C has been implemented in full accordance with the approved details, or with a similar scheme which has been submitted to, and agreed in writing by, the Council as planning authority.

Reason: In the interests of preserving the appearance and amenity of the area.

3.     That no works in connection with the hereby approved development shall take place unless the specific colour of render to be used on the side and rear walls of the building has been agreed in writing with the Council as planning authority.

Reason: In the interests of preserving the character and appearance of the conservation area.

4.     That prior to the occupation of the hereby approved building, a sample of the materials to be used to resurface the external yard area as shown in approved drawing WD.01 Rev C has been submitted to, and agreed in writing by, the Council as planning authority and that the resurfacing shall be implemented in full accordance with the approved details.

Reason: In the interests of preserving the character and appearance of the conservation area.  

5.     No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis the development hereby approved shall not be brought into use unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details.

6.      

Reason: To safeguard and record the archaeological potential of the area.

ADVISORY NOTES FOR APPLICANT

Signage and advertisements

The applicant should be aware that advertisement consent will likely be required for any proposed signage to be attached to the building and they should seek advice from the planning department in advance of installing any such signage for the premises, in order to ascertain whether consent is required and whether or not it is likely to be acceptable upon the submission of an application.

Programme of archaeological works

In this particular instance the programme of works will consist of an archaeological watching-brief on any ground-breaking works associated with the development in the first instance.

Hours of construction

In order to protect the occupiers of the surrounding properties from any potential noise nuisance from any proposed demolition and building works; such work should not occur:

[a]        outwith the hours of 0700 –1900 hours, Monday-Friday inclusive;

[b]        outwith the hours of 0800-1600 hours on Saturdays; and

[c]        at any time on Sundays, except for works inaudible outwith the site application the boundary.

The applicant should contact the Council’s Environmental Health Service at an early stage and before construction work has started to discuss the proposed means of noise control.

Delivery/Uplift times

Service deliveries/uplifts to and from the premises should not occur outwith the hours of 7.00am – 7.00pm Monday to Saturday and 10.00am - 4.00pm Sundays, in order to preserve the amenity of neighbouring residential properties.

DECLARATION OF INTEREST

With reference to article 6 above, Councillor Milne addressed the Committee as local member and requested that the application be refused due to the materials that were to be used.  Accordingly, in terms of Section 7.15 of the Councillors’ Code of Conduct, he then declared an interest in the matter and withdrew from the meeting, taking no part in the deliberations.

The Committee heard from Alex Ferguson, Planner, who spoke in furtherance of the report and answered various questions from members.

Councillor Donnelly, seconded by Councillor Cooney moved:-

that the application be approved in accordance with the recommendation set out within the report.

Councillor Corall, seconded by Councillor Boulton, moved as an amendment:-

that the application be refused due to the proposed materials for the building would be inappropriate for the historical context of the site and would thus have a detrimental impact on the character and appearance of the conservation area and the setting of the surrounding listed buildings, contrary to the provisions of Scottish Planning Policy, Historic Environment Scotland Policy Statement and Policy D5 (Built Heritage) of the Adopted Aberdeen Local Development Plan, as well as corresponding Policy D4 (Historic Environment) of the forthcoming Proposed Aberdeen Local Development Plan.

On a division, there voted:- for the motion (7) – Councillors Cooney, Cormie, Donnelly, Lawrence, Nicoll, Jennifer Stewart and Sandy Stuart; for the amendment (8) – the Vice Convener and Councillors Boulton, Corall, Greig, Hutchison, Jaffrey, Malik and Jean Morrison.

The Committee resolved:-

to adopt the amendment and therefore refuse the application.