Agenda item

Planning reference – 161769

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

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

Please enter the relevant planning reference number in the search field and click ‘Search’.

Planning Officer – Roy Brown

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

That the application be approved conditionally as follows:-

CONDITIONS

(1)       No development shall take place unless the planning authority has approved in writing a scheme for the supervision of the arboricultural protection measures and works that have been approved by the planning authority for the construction phase of the development.  Such a scheme shall include the timing and method of site supervision and record keeping.  Thereafter, the arboricultural protection measures and works shall be implemented in accordance with the approved scheme.  Supervision shall be carried out by a qualified arboriculturalist approved in writing by the Planning Authority but instructed by the applicant.

Reason: in order to ensure adequate protection for the trees in the Tree Protection Order (Area) during the construction of the development.

(2)       That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the tree protection and management plan 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. 

Reason: to ensure the adequate protection for the trees on site during the construction of the development.

(3)       That the applicant shall afford access at all reasonable times to any arboriculturalist nominated by the planning authority and shall allow them to observe work in progress to ensure compliance with the other conditions.  No development pursuant to this planning permission shall take place unless written notification of the commencement date has been given to the case officer, Aberdeen City Council not less than 14 days before development commences

Reason: To ensure compliance with the tree protection and management plan, replacement planting scheme and protection of the trees to be retained on the site.

(4)       That no development shall take place unless a detailed scheme of landscaping and replanting for the site has been submitted and agreed in writing by the Planning Authority.  This scheme shall include indications of all existing trees and, the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.  The trees are to be planted at half-standard size or larger.  Planting shall take place in the area between the development hereby approved and the northwest and southwest boundary walls in the first planting season after completion of the development and any trees which within a period of 10 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 similar size and species unless the Planning Authority gives written consent to any variation.

Reason: In order to preserve the character of the residential area and the Tree Protection Order Area (area).

(5)       That no development shall take place unless a scheme detailing the foundations has been submitted and approved in writing by the planning authority.  Thereafter, the development shall be constructed in accordance with this scheme and remain in place permanently unless agreed in writing by the planning authority.

Reason: In order to preserve the character of the residential area and the Tree Protection Order Area (area).

(6)       That any tree work not identified in the tree survey, landscaping scheme and tree protection and management plan which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the Planning Authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is constructed. 

            Reason: in order to preserve the character and visual amenity of the area.

(7)       That no development shall take place unless a scheme detailing the siting, design and installation of the bat boxes identified on the bay survey has been submitted and agreed in writing by the planning authority.  Thereafter, the scheme shall be implemented in full accordance with this scheme.  The bat boxes shall remain in place permanently unless otherwise agreed in writing by the planning authority.

Reason: To enhance the biodiversity of the area and improve the area as a bat habitat.

(8)       The development hereby approved shall be used only for purposes incidental to the enjoyment of Ardbeck House as a dwellinghouse and shall be used for no other purpose without the express grant of planning permission from the planning authority. 

Reason: To enable the planning authority to consider the implications of any subsequent change of use on the amenities of the area.

(9)       That no development shall take place unless details and samples of finishing materials have been submitted and agreed in writing by the planning authority.  Thereafter, the development shall be constructed in accordance with the finishing materials agreed. 

Reason: To ensure that the materials are acceptable in the context of the original building and the surrounding area.

(10)     that no development shall take place unless there has been submitted to and agreed in writing by the planning authority a detailed construction methodology and site management scheme for the building hereby granted planning permission.  The method statement shall include details of the vehicles to be used on the site during the construction works and those used to deliver all building materials to be site, how the vehicles will access the development, details of all plant and machinery, the location of the site compound and storage areas and the tree protection measures

Reason: to ensure adequate protection is afforded to the trees on the site during construction works.

ADVISORY NOTES FOR APPLICANT

(1)       The ACC Flooding Team recommends that rain water attenuation storage (i.e. water butts) and permeable block paving is incorporated into the design, in order to not increase the surface water runoff.

(2)       Any future external alteration to the indoor tennis court would exceed the limits of Class 3A the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended, and would therefore require Detailed Planning Permission.

(3)       Bats are European Protected Species as defined in the Conservation (Natural Habitats &c.) Regulations 1994.  It is illegal to:-

- deliberately kill, injure, disturb or capture/take bats; or

- damage or destroy the breeding sites or resting places of bats.

During construction work the applicant and/or the developer should remain vigilant for any signs of bats.  Should bats or any sign of bats be discovered, all work in that area should cease immediately and Scottish Natural Heritage contacted for further advice (licensing@snh.gov.uk / 01463 725364).

Members heard from Mr Daniel Lewis, Development Management Manager, who spoke in furtherance of the report and answered a number of questions from members in relation to the safety of the retained trees, the location of the development in terms of neighbouring properties and the use of the proposed building.

The Convener moved, seconded by Councillor Donnelly moved:-

            That the recommendation contained within the report be approved.

Councillor Jennifer Stewart, seconded by Councillor Hutchison moved as an amendment:-

            That the application be refused on the following grounds:-

            (1)       that there would be an overdevelopment of the site;

(2)       that the size and scale of the development would have an adverse impact on the local area; and

(3)       that there would be loss and damage to mature trees.

On a division, there voted:-            for the motion (11) – The Convener, the Vice-Convener and Councillors Cooney, Corall, Crockett, Dickson, Donnelly, Greig, Lawrence, Jean Morrison and Sandy Stuart; for the amendment (3) – Councillor Hutchison, Nicoll and Jennifer Stewart.

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally.