Agenda item

Planning Reference – 170028

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OJPKWSBZIFL00

Planning Officer:  Lucy Greene

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for the approval of matters specified in conditions 1, 6, 7, 8, 10, 12 and 13 of P120491 for the erection of a dwellinghouse at Bieldside Lodge, North Deeside Road, be approved subject to the following conditions.

1.    That any tree removal works agreed in terms of this planning permission shall take place outside the bird breeding season, which for the purposes of this shall be taken to be beginning of March until of end of August – in the interests of wildlife.

2.    That works shall not take place unless there remains in place on site the scheme for the protection of trees and to be retained on the site during construction works as approved under this MSC in relation to condition and 12 (Ref. 120491) and this has been agreed on site with the planning authority- in order to ensure adequate protection for the trees on site during the construction of the development.

3.    that all planting, seeding and turfing, including the sedum roof, 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.

4.    that any tree work 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: 1989 "Recommendation for Tree Works" before the building hereby approved is first occupied - in order to preserve the character and visual amenity of the area.

5.    that 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.

6.    The proposals shall be carried out in complete accordance with the management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) and as approved under condition 13 (Ref.120491), unless the planning authority has given prior written approval for a variation - in order to preserve the character and visual amenity of the area.

7.    That the development shall take place only in accordance with the Construction Method Statement by Anderson Construction including that there shall be no use of piling or other equipment or methods that would cause vibration as amended by any details agreed in terms of the conditions on this permission, unless otherwise agreed in writing with the planning authority – in the interests of protection of trees and the listed building and structures.

 – in the interests of preserving the fabric of the nearby listed building.

8.    The structures required for the site hut and welfare area shall not be delivered to the site via the Deeside Walkway, unless details are submitted to and agreed in writing by, the planning authority showing how this can be implemented without damage to trees.

9.    No plant, machinery or construction vehicles shall access the area of the site in which construction is proposed to take place via either the western leg access to North Deeside Road, or via the Bieldside Lodge / car park area and the eastern leg access – in the interests of protecting trees.

10. That the pipes for the underground services shall not be installed other than in accordance with further details of the thrust boring technique, including a report from a suitably qualified person on the suitability of the site, details of the machinery size and pit locations – in the interests of protecting trees.

11. That works shall not take place unless there remains in place on site the scheme for the protection of listed structures and this is to be retained on the site during construction works as approved under this MSC in relation to condition 1 (Ref. 120491) - in order to help ensure the protection of listed structures on site during the construction of the development.

ADVISORY NOTES FOR APPLICANT

1. That the Council’s separate agreement is required to the use of the Deeside Walkway for access. The applicant is advised to contact Ian Talboys, Public Infrastructure and Environment.

2. No construction or demolition work should take place:

(a)  outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays;

(b)  outwith the hours of 9.00 am to 4.00 pm Saturdays; or

(c)  at any time on Sundays,

except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery] - in the interests of residential amenity.

3.It should be noted that the following condition is attached to the Planning Permission in Principle Reference 120491:

4.  that notwithstanding the provisions of Article 3 and Schedule 1, Parts 1, 2 and 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 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 without a further grant of planning permission from the planning authority - in the interests of visual amenity.

The Committee heard from Lucy Greene, Senior Planner, who spoke in furtherance of the application and answered various questions from members.

In terms of Standing Order 32.2, Councillor McKenzie temporarily left the meeting and therefore was excluded from participating in the vote.

The Convener moved, seconded by the Vice Convener:-

            that the application be refused for the following reasons:

(a)  that it does not comply with Policy NE5 – Trees and Woodland or adopted Supplementary Guidance on Trees and Woodland due to  the loss of trees which are more mature than they were when the planning in principle application was approved and consequent negative impact on the woodland and natural heritage in the area; and.

(b)  that the measures proposed do not provide adequate protection to the listed wall on the site boundary therefore the submitted details do not satisfy the requirements of condition (1)(iv) .

Councillor Copland moved as amendment, seconded by Councillor Cooke:-

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

On a division, there voted:- for the motion (4) – the Convener, the Vice Convener and Councillors Greig and Malik, for the amendment (4) – Councillors Allan, Cooke, Copland and Cormie.

There being an equality of votes, in terms of Standing Order 31.6, the Convener exercised her casting vote in favour of the motion.

The Committee resolved:-

to approve the motion and therefore refuse the application.