Agenda item
Shielhill Road, Dubford, Bridge of Don - Mixed-use Development Including Demolition of Farmhouse and Store; Erection of 18 Residential Units; Food Retail Unit; Conversion of Steading to form Commercial Units (Class 1 to 3); Associated Footpaths, Landscaping and Car Parking - 160630
Planning reference – 160630
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Planning Officer – Robert Forbes
Minutes:
The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-
That the application be approved conditionally. Withhold issuing of decision until a total of £58,128 is received in developer contributions ( in order to address impacts regarding affordable housing, education, community facilities, sport and recreation, core paths, and library facilities) or a section 75 obligation has been entered into in order to secure such contributions. The Conditions were as follows:-
CONDITIONS
(1) Drainage
No development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the Planning Authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme - in order to safeguard water qualities in adjacent watercourses and to ensure that the development can be adequately drained.
(2) Construction Method Statement
No development pursuant to this planning permission shall take place unless a detailed site specific construction method statement for the development has been submitted to and approved in writing by the planning authority. The method statement must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS. Such statement shall be implemented in full for the duration of works on the site - in order to prevent potential water pollution.
(3) Tree Protection
No development shall take place unless a scheme for the protection of all trees to be retained on the site during construction works, including a retention fencing plan, has been submitted to, and approved in writing by, the Planning Authority 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.
(4) Tree Protection
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 5 metres of foliage, branches or trunks - in order to ensure adequate protection for the trees on site during the construction of the development.
(5) Landscaping
No development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped features on the land, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting - in the interests of the amenity of the area.
(6) Landscaping
All planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 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 - in the interests of the amenity of the area.
(7) Boundaries
No part of the development hereby approved shall be occupied, unless there has been submitted to and approved in writing by the Planning Authority, a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission. None of the buildings hereby granted planning permission shall be occupied unless the said scheme has been implemented in its entirety - in order to preserve the amenity of the neighbourhood.
(8) Open space
No dwellings hereby granted planning permission shall be occupied unless the areas of public open space as identified on Drawing No.220 rev.D of the plans hereby approved (or such other drawing as may be subsequently approved) have been laid out in accordance with a scheme which shall be submitted to and approved in writing by the Planning Authority. No development pursuant to this planning permission shall take place unless such a scheme detailing the manner in which the open space is to be managed and maintained has been submitted to and approved in writing by the planning authority. Such scheme shall include provision for a play area comprising at least five items of play equipment and a safety surface - in order to preserve the amenity of the neighbourhood.
(9) Play Area
No dwelling hereby granted planning permission shall be occupied unless the area indicated on Plan No. 812 rev.D and 220 rev.C as a community playground is completed, laid out and equipped as a play area in accordance with a scheme that has been approved in writing for the purpose by the Planning Authority, unless the planning authority has given prior written approval for a variation. The said area shall not thereafter be used for any purpose other than as a Play Area – in order to ensure the timeous provision of play facilities.
(10) Carbon Reduction
The buildings hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' (Local Plan policy R7) has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme 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 local plan policy R7, 'Low and Zero Carbon Buildings'.
(11) Refuse Storage
The commercial / retail uses hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority - in order to preserve the amenity of the neighbourhood and in the interests of public health.
(12) Cycle Parking
The uses hereby granted planning permission shall be occupied unless a scheme detailing cycle storage provision has been submitted to, and approved in writing by the planning authority, and is thereafter implemented in accordance with said scheme relative to the specific use / premises - in the interests of encouraging more sustainable modes of travel.
(13) Car Parking
The development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission and required for the specific premises have been constructed, drained, laid-out and demarcated in accordance with drawing Nos. 231 rev. C, 220 rev.D and 224 rev.B of the plans hereby approved, or such other drawing 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 vehicles ancillary to the development and uses hereby granted approval - in the interests of public safety and the free flow of traffic.
(14) Flood Risk
Notwithstanding the provisions of Article 3 ( Schedule 1) and Parts 1 and 2 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended, no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwelling houses hereby approved within block 2 without a further grant of planning permission from the planning authority. No permanent landraising within the functional floodplain as shown by drawing 907 Rev.1 and 231 Rev.C shall take place, and post construction garden ground levels should remain as existing - in order to minimise flood risk by avoidance of obstruction to flow within the functional floodplain.
(15) Travel Plan
No development shall take place relative to the commercial / retail uses hereby granted planning permission unless there has been submitted to and approved in writing by the planning authority, a detailed Green Transport Plan, for that part of the development. This shall outline sustainable measures to deter the use of the private car, in particular single occupant trips, encourage pedestrian / cycle access from the adjacent development site, and provide detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets - in order to encourage more sustainable forms of travel to the development.
(16) Noise Attenuation
The dwellings hereby approved shall not be occupied unless the following noise mitigation measures, or other measures to be agreed in writing by the planning authority, have been installed within the relevant dwelling, namely:-
1. application of RTRA 32 dB glazing specification (such as 10mm glass/12mm airspace/6mm glass or alternatively 6.4mm laminated glass/12mm airspace/6mm glass) with attenuated ventilation rated at Dne,w 38 dB provided to the living rooms facing the Shielhill Road and B999 to control road traffic noise and Breedon Aggregates facility noise.
2. application of RTRA 32 dB glazing specification with attenuated ventilation rated at Dne,w 38 dB in all bedrooms including those facing the Shielhill Road and B999 to control road traffic noise, Breedon Aggregates facility noise and helicopter traffic noise.
In order to protect the residential amenity of prospective residents
ADVISORY NOTES FOR APPLICANT
Regulatory advice for the applicant.
Regulatory requirements:-
(1) Proposed engineering works within the water environment will require authorisation under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). Management of surplus peat or soils may require an exemption under The Waste Management Licensing (Scotland) Regulations 2011. Proposed crushing or screening will require a permit under The Pollution Prevention and Control (Scotland) Regulations 2012. Consider if other environmental licences may be required for any installations or processes.
(2) Details of regulatory requirements and good practice advice for the applicant can be found on the Regulations section of SEPA website. If you are unable to find the advice you need for a specific regulatory matter, please contact a member of the operations team in your local SEPA office at: Inverdee House, Baxter Street, Torry, Aberdeen AB11 9QA Tel: 01224 266600.
Members heard from Mr Robert Forbes, Senior Planner, who spoke in furtherance of the report. He requested that the recommendation (above) be amended to read ‘legal binding agreement’ as opposed to ‘section 75 obligation’.
Mr Forbes answered a number of questions from members in relation to the Strategic Transport Fund, maintenance of core paths, bus gates and upgrading works to the road junction.
The Committee resolved:-
to approve the recommendation with the amendment to the wording as follows:-
Withhold issuing of decision until a total of £58,128 is received in developer contributions ( in order to address impacts regarding affordable housing, education, community facilities, sport and recreation, core paths, and library facilities) or a legal binding agreement obligation has been entered into in order to secure such contributions.
Supporting documents:
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