Agenda item

Planning Reference:  170243

 

The documents associated with this application can be viewed here:  https://publicaccess.aberdeencity.gov.uk/online-applications/simpleSearchResults.do?action=firstPage

With reference to Article 1 of the minute of meeting of the Planning Development Management Committee (visits) of 28 July 2017, wherein it had been agreed to defer the site visit for further information to be received, the Committee had before it a report by the Interim Head of Planning and Sustainable Development which recommended:-

 

That the application for the erection of 116 dwellings comprising 2 apartment blocks, 35 houses and retirement apartment block, with amenity space and associated infrastructure, be approved conditionally, subject to the completion of a Section 75 agreement to include

·         Securing affordable housing against the mainstream housing units in accordance with the terms of the S75 attached to the overarching PPiP

·         Controlling occupancy of Over 55 units to people 55 years old or older into perpetuity;

·         Payment of Core Path contributions (£16,963); and

·         Payment of Healthcare contributions (£46,675).

 

Conditions

1)  Prior to occupation of the first unit, the applicant/developer shall submit a Residential Travel Plan to the Planning Authority for approval in consultation with the Roads Service, and once approved shall be issued to the new owners of each unit prior to their occupation.

 

       Reason: To ensure occupants are made aware of the different ranges of transport available to accessing the development.

 

2)  Prior to commencement of development, the applicant/developer shall provide evidence to the Planning Authority, for their approval, that they have reached an agreement with a public transport operator in which to provide a bus service from the bus stop shown on the approved Site Plan within a time period to be agreed with the Planning Authority after the first unit is occupied.

 

Reason: To ensure the development can be served by a sustainable means of transport.

 

3)Prior to commencement of development, the applicant/developer shall provide full details of traffic-calming measures to be implemented within the development to the Planning Authority for approval in consultation with the Roads Service. Once approved, the traffic-calming measures shall be implemented in a timescale to be agreed with the Planning Authority.

 

Reason: To ensure the development complies with Designing Streets guidance and

minimizes the risk of road safety issues.

 

4)  Prior to commencement of development, the applicant/developer shall submit details of how a temporary turning-circle could be provided allow to refuse vehicles and visitors to turn within the prior to the internal road layout is connected to the zone to the north of the site. Once approved, the turning circle shall be implemented until the internal road network is connected to the adjoining phase of development.

 

Reason: To ensure visiting vehicles have sufficient space in which to safely manoeuvre within the site in order to minimise road safety risk.

 

5)   Prior to commencement of development, the applicant/developer shall provide full details/ samples of all external finishes to the hereby approved building including downpipes, roofing materials, doors, windows and balustrade for approval by the Planning Authority.

                                                                    

Reason: To ensure that the development would remain in-keeping with the character and appearance of the surrounding area/

 

6)   Prior to occupation of the first unit, the applicant/developer shall provide full details of secure storage for motorcycles and bicycles within the site for the approval by the Planning Authority. Once approved, the secure storage facilities shall be implemented in full prior to occupation of the first unit.

 

Reason: To ensure occupants means of transport can be securely stored thus minimizing the opportunity for crime.

 

7)   Prior to commencement of development, the applicant/developer shall provide full details of the energy efficiency rating of each individual habitable building within the development for approval by the Planning Authority. Once approved, the construction of each building should be carried out to ensure that the approved energy efficiency levels are achieved.

 

Reason: To ensure compliance with Policy R7 in the ALDP 2017 and its associated Supplementary Guidance.

 

8)   Prior to commencement of development, the applicant/develop shall submit details of water-saving technologies and techniques to be incorporated into the design of each new building within the site for approval by the Planning Authority. Once approved, all water-savings measures shall be implemented in full prior to the occupation of each unit.

 

Reason: In order to minimise water abstraction from the River Dee and to comply with the requirements of Policy R7 in the ALDP 2017 and its associated supplementary guidance.

 

9)   Prior to commencement of development, protective fencing shall be placed around the Root Protection Areas (RPAs) pertaining to each tree to be retained outlined in the ‘Tree Survey Drawing’ which accompanies the submitted Tree Survey and shall remain in-situ until all buildings work associated with the buildings closest to each fence has been completed.

 

Reason: To ensure that existing trees of high landscape character and amenity value are not damaged or removed during the construction phase of development.

 

10)No materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the Root Protection Areas of each tree identified on the submitted ‘Tree Survey Drawing’ 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 trunk.

 

Reason: In order to ensure adequate protection for trees adjacent to the site during the construction of the development.

 

11)Prior to commencement of development, the applicant/developer shall submit details a Lighting Strategy which outlines where they intend to position lights within the site during the construction phase of development. Once approved, the Lighting Strategy shall strictly be adhered to throughout the course of construction to minimise disturbance to bats roosting in the area.

 

Reason: To ensure bats likely to be roosting within trees in the surrounding area are not unduly disturbed.

 

12)Prior to commencement of development, the applicant/developer shall submit a Construction Environment Management Plan (CEMP) for approval by the Planning Authority in consultation with SEPA which details how the existing water environment will be protected during construction and how materials and waste will be managed on site. Once approved, the CEMP shall be adhered to in full for the timeline set out in the approved document unless otherwise agreed in writing by the Planning Authority.

 

Reason: To ensure the construction phase of development does not give rise to any undue adverse impacts on the natural water environment.

 

13)Prior to occupation of the first unit, the developer shall implement the proposed SuDS scheme in full unless otherwise agreed in writing with the Planning Authority.

 

Reason: To ensure the development does not give rise to any undue localised flooding.

 

14) Prior to commencement of development, the applicant/developer shall submit a statement to the Planning Authority for approval, detailing how the development shall have/ provide access to modern, up to date high speed communications infrastructure.   Thereafter each phase of development shall be supported by a detailed statement setting out how such measures have been designed into the built form and what standards of digital connectivity this will bring.  The approved measures shall thereafter be implemented in accordance with the approved details.

 

Reason: To ensure compliance with Policy CI1 in the ALDP 2017 and Scottish Planning Policy.

 

15)All hard and soft landscaping proposals shall be carried out in accordance with the approved Landscaping Strategy and Planting Schedule, which shall be completed during the planting season immediately following the commencement of the development or as otherwise agreed in writing with the Planning Authority.  Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. In addition, prior to the commencement of the implementation of the approved scheme, detailed proposals for a programme for the long term management and maintenance of all the approved landscaped and open space areas within the development shall be submitted for the further written approval of the Planning Authority.  Thereafter, all management and maintenance of the landscaped and open space areas shall be implemented, in perpetuity, in accordance with the approved programme.

 

Reason: To ensure the implementation of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and to ensure that the landscaping is managed and maintained in perpetuity.

 

 

ADVISORY NOTE FOR APPLICANT

1)    Any engineering works within the water environment will require authorisation from the Scottish Environment Protection Agency (SEPA) under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). SEPA are contactable on: 01224 266609.

 

2)    Prior to making a connection to the public water supply and sewerage system, maintained by Scottish Water, the applicant/developer shall need to obtain the separate prior approval from Scottish Water in order to legally do this. Scottish Water is contactable on: 0800 389 778.

 

3)    The applicant/developer should contact ACC Waste Service a minimum of 2 months prior to occupation of each unit.

 

The Committee heard from Jamie Leadbeater, Planner, who spoke in furtherance of the report and answered various questions from members.  Miquel Vinyals, Engineer, also answered questions in regards to flooding issues.  The following information was noted:-

 

• Rain/surface water would not be dispersed into resident’s gardens but into the SUDS, which had enough capacity to deal with rainfall;
•  Broadband provision was now a requirement in the new Local Development Plan;
• The application was granted planning permission in principle when the old LDP was in operation and as a result there was no requirement for an affordable housing element with the retirement apartment block;
• The section 75 legal agreement would control the sale of any property to anyone not over 55;
• Local residents had major concerns in regards to flooding in the area which they felt was a result of the development of new properties in the area;
• Drainage was redirected as to not have an effect on the residents in the area;
• There would be a new drainage system on site and it was not anticipated that there would be any problems with this;

 

Councillor Donnelly, seconded by Councillor Cormie, moved a procedural motion:-

that no more questions be allowed in regards to this application and that the Committee move to determination of the application.

 

On a division, there voted for the procedural motion (3) – Councillor Donnelly, the Depute Provost and Councillors Alphonse and Cormie; against the procedural motion (9) – the Convener, the Vice Convener and Councillors Cooke, Copland, Greig, Hutchison, McLellan, Sandy Stuart and Wheeler.

 

As the Committee resolved not to adopt the procedural motion, questions on the application continued and the following was noted:-

 

• SEPA previously had concerns in regards to the application however after a meeting with officers the concerns were resolved;
• Any aspect contained with the section 75 legal agreement could be open for challenge and needs to meet the condition test;

 

The Convener moved, seconded by Councillor Donnelly:-

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

 

Councillor Hutchison, seconded by Councillor McLellan, moved as an amendment:-

that the application be approved as contained within the report with an extra condition that sought a payment of 10% for Affordable Housing against the over 55 accommodation units.

 

Councillor Greig, seconded by Councillor Cooke, moved as a further amendment:-

that the application be refused due to concerns relating to the negative impact on residential amenity, the visual impact and being out of character for the area, public transport and connectivity issues and drainage problems.

 

There being a motion and two amendments, the Committee first divided between the amendment by Councillor Hutchison and the amendment by Councillor Greig.

 

For the amendment by Councillor Hutchison (5)  -  Councillors Alphonse, Copland, Hutchison, McLellan and Sandy Stuart.

 

For the amendment by Councillor Greig (3)  -  the Vice Convener and Councillors Cooke and Greig.

 

Abstained from the vote  (4)  -  the Convener and Councillors Cormie, Donnelly and Wheeler.

 

The Committee then divided between the motion by the Convener and the successful amendment by Councillor Hutchison.

 

On a division there voted:- for the motion (4) – the Convener and Councillors Cormie, Donnelly and Wheeler; for the amendment (7) – Councillors Alphonse, Cooke, Copland, Greig, Hutchison, McLellan and Stuart.

 

Abstained from the vote (1) – the Vice Convener.

 

The Committee resolved:-

to agree the amendment, and approve the application conditionally subject to the completion of a section 75 legal agreement, with an extra condition seeking payment of 10% for Affordable Housing against the over 55 accommodation unit.