Agenda item
Land at Maidencraig, North & South of A944 - 180383
Planning Reference – 180383
All documents associated with this application can be found at the following link:-
Planning Officer: Gavin Clark
Minutes:
The Committee had before it a report by the Chief Officer Strategic Place Planning, which recommended:-
That the application for the variation of conditions 6 (eastern access details) and 7 (central and western access details) and 8 (A944 junction improvements, including the A944/Stronsay Drive junction) of Planning Permission in Principle for a mixed use development incorporating residential, commercial uses, community facilities, open space, landscaping and associated infrastructure to allow for an altered junction layout for the development, at land at Maidencraig, be approved conditionally with a legal agreement.
Conditions
(01) that no individual phase of the development pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application for that individual phase has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; unless the planning authority has given written approval for a variation; these matters being details of the:
a) means of access and car parking, cycle parking and motorcycle parking;
b) siting, design and external appearance of the building(s);
c) hard and soft landscaping of the site;
d) tree survey to show details of all existing trees, and those to be removed, retained and planted, which a scheme for protection of those to be retained on site during construction works;
e) site and plot boundaries and enclosures;
f) arrangements for the segregation, storage, collection and management of residential, commercial and business waste arising from within that phase; and
g) low zero carbon equipment or carbon reduction measures to meet the requirements of the Council’s Supplementary Guidance: Resources for New Development.
Reason - to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.
(02) that, the details and phasing of the development shall follow the general principles established in the Maidencraig Masterplan dated April 2013. (as amended by the revised masterplan drawing submitted with planning application 180383/S42 - Drawing Ref: 180383-01). In particular the areas identified as Phases 3a and 4, as indicated on page 54, ‘Section 5.1 Phasing’ of this document, will show evidence that the location, design and construction of the new housing have taken account of the need to protect residents from potential noise nuisance arising from the proximity to Albion Kennels – to ensure that the agreed design principles and phasing are followed through to the detailed stages of the development, and to protect the amenity of residents.
(03) that all planting, seeding and turfing, comprised in any scheme of landscaping approved under Condition (1) attached to this grant of planning permission in principle, 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.
(04) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the precise location, layout, design and construction method of the most eastern primary access junction with the A944, including design, geometry, capacity, distribution, operational flow, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (b) no individual residential property hereby approved shall be occupied unless the relevant scheme is fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation – in the interests of road safety.
(05) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme, showing the precise location, layout, design and construction method of the second and third development (central) junctions with the A944, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include capacity; distribution; signaling; operational flow, and a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the necessary roads infrastructure improvements required for that phase have been fully implemented in accordance with the approved plans, unless the planning authority has given written approval for a variation – in the interests of road safety.
(06) That, (a) upon completion of the 185th residential unit to south of Lang Stracht (Opportunity Site OP 31 as identified in the Aberdeen Local Development Plan 2017), the development junction (as required by condition 5) (signalised T-junction for access to the south) should be completed; (b) upon completion of the 117th residential unit to the north, of Lang Stracht (Opportunity Site OP 32 as identified in the Aberdeen Local Development Plan 2017 the development junction (signalised T-junction for access to the north, should be completed; and (c) upon completion of both of these junctions, the eastern junction shall revert to a left-in, left-out arrangement (as required by Condition 4) - in the interests of road safety; and to ensure the development site can adequately function.
(07) That no more than 219 dwellings to the south of Lang Stracht (Opportunity Site OP 31 as identified in the Aberdeen Local Development Plan 2017) and 216 dwellings to the north of Lang Stracht (Opportunity Site OP32 as identified in the Aberdeen Local Development Plan 2017) can be completed before the eastern access, as required by Condition 4, reverts to a left-in left-out arrangement - in the interests of road safety; and to ensure the development site can adequately function.
(08) That prior to the commencement of development on any further phase of development, details of the emergency access to the south of Lang Stracht (Opportunity Site OP 31 as identified in the Aberdeen Local Development Plan 2017), shall be submitted to, and approved in writing by the Planning Authority. Thereafter these details shall be implemented in their entirety on completion of the 100th house within this phase of the development site and shall remain in place until such time as the junction required by Conditions 5 and 6 has been completed - in the interests of road safety; and to ensure the development site can adequately function.
(09) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme, showing the precise location, layout, design and construction method of A944 junction improvements, including the A944 / Stronsay Drive junction, together with provision of segregated cycle facilities at each, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the necessary roads infrastructure improvements required for that phase have been fully implemented in accordance with the approved plan – in the interests of road safety.
(10) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing all elements required to implement and enforce a Prohibition of Driving Order on Core Path 29, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include all physical infrastructure alterations, and a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the Prohibition of Driving Order has been fully implemented in accordance with the approved plans – in the interests of road safety.
(11) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing a proposed management plan to deal with all access issues through the entire length of the insert road set back to the south of A944, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include provision for emergency access, prohibition orders, all physical infrastructure improvements, and a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the management plan has been fully implemented in accordance with the approved plans – in the interests of road safety.
(12) that, no more than 182 residential units shall be occupied until the Aberdeen Western Peripheral Route (AWPR) has been constructed – in the interests of road safety and the free flow of traffic.
(13) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the design and construction of culverts linking the north and south developments beneath the A944 has been submitted to, by means of a formal application for approval of matters specified in condition and approved in writing by the planning authority. Such details shall include a phasing plan which clearly identifies triggers and timescales for implementation in relation to the overall phasing of the site; (b) no building shall be occupied within any individual phase identified through the phasing plan under part (a) of this condition, unless the culvert scheme has been fully implemented in accordance with the approved plans – to mitigate the potential risk of flooding which the development poses to the existing communities.
(14) that, (a) no development pursuant to the planning permission in principle hereby approved shall take place unless a detailed plan identifying appropriate exclusion zone boundaries for the main and subsidiary badger setts, as identified in the Badger Protection Plan, dated June 2013, submitted under planning application reference P130265, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (b) unless the planning authority has given written approval for a variation through consultation with Scottish Natural Heritage, no construction works pursuant to the planning permission in principle hereby approved shall take place within any exclusion zone as identified in the above plan – to ensure protection of wildlife habitats within the site.
(15) That, notwithstanding the details contained within the Badger Protection Plan, dated June 2013, submitted under planning application reference P130265, no development pursuant to the planning permission in principle hereby approved shall take place unless a Pre-construction Survey has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. The survey will be undertaken a minimum of 12 months prior to construction commencing; within a radius of 1km around the whole development site and shall include an up to date assessment of badger activity on the development site. It shall also highlight whether any badgers’ setts exclusions are required, and if so, consider alternative sets and potential locations, having regard for restrictions arising from the breeding season – to ensure protection of wildlife habitats within the site.
(16) that no development pursuant to the planning permission in principle hereby approved shall take place unless a Nature Conservation Management Plan, that incorporates the Local Nature Reserve and the Green Space Network, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority – in the interests of retaining and increasing the wildlife of the remaining habitats.
(17) that, (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a full site waste management plan for the processing of construction and demolition waste for that individual phase has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (b) no work shall be carried out within that individual phase unless the management plan is fully implemented in accordance with the approved plans – to ensure that waste on the site is managed in a sustainable manner.
(18) that, (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme showing the precise location, layout and construction method of adequate pedestrian and cycle connectivity from that individual phase to the A944 has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans - in the interests of promoting sustainable connections outwith the site.
(19) that, (a) no development within the area identified as Phase 1B as indicated on page 54, ‘Section 5.1 Phasing’ of the Masterplan dated April 2013, pursuant to the planning permission in principle hereby approved, shall take place unless a detailed scheme showing the precise location, layout, design and construction method of pedestrian and cycle connectivity from the eastern side of the development, north of the A944, to the existing residential area to the east, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans - in the interests of promoting sustainable connections outwith the site.
(20) that, (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a fully detailed SUDS scheme, to comply with the Drainage Impact Assessment, reference B9204, dated 05/09/2013, submitted under planning application reference P130265, for that individual phase has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; (b) no individual residential property hereby approved within that individual phase shall be occupied unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved plans – in the interests of protection of the water environment.
(21) that, (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless the implementation of a programme of archaeological work (to include all necessary post-excavation and publication work) has been secured for that individual phase in accordance with a written scheme of investigation that has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by, the planning authority; (b) no work shall be carried out within that individual phase unless the programme of archaeological work has been fully implemented in accordance with the approved plans – in the interests of protecting the historic heritage of the City.
(22) that, (a) no individual phase of the development pursuant to the planning permission in principle hereby approved shall take place unless a detailed scheme in respect of that individual phase, showing suitable dust suppression measures to be incorporated within the procedures for demolition and construction, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority. Such details shall include the provision of dust suppression equipment during periods of dry weather, and measures to prevent the potential for mud and/or other debris from vehicular traffic being deposited on the A944 public highway adjacent to the site; (b) no work shall be carried out within that individual phase unless the relevant scheme under part (a) of this condition has been fully implemented in accordance with the approved – in order to prevent dust arising on site giving rise to nuisance and to prevent the risk of environmental pollution.
(23) that no individual employment based development pursuant to the planning permission in principle hereby approved shall be occupied unless a detailed Green Transport Plan for that individual development, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets, has been submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority - in order to encourage more sustainable forms of travel to the development.
(24) that no individual residential property on any individual phase of the development pursuant to the planning permission in principle hereby approved shall be occupied unless a comprehensive Residential Travel Pack for that individual phase has been: (a) submitted to, by means of a formal application for approval of matters specified in condition, and approved in writing by the planning authority; and (b) subsequently provided to occupants of each residential property to be occupied. The Pack will set out proposals for reducing dependency on the private car, including information on external connectivity to key facilities, and will provide, in consultation with local schools and the planning authority, information on safer routes to schools - in the interests of promoting sustainable transportation.
In terms of Standing Order 15.1, Councillor Delaney spoke in regard to the application as a local ward member and he addressed in the Committee in the following terms.
Councillor Delaney made reference to a map that was part of the application and explained that the masterplan that was established for the area was very positive. However, he had serious concerns about the proposed application and the new junction layout. He stated that the left in and left out junction would exacerbate the traffic problems in the area especially at peak times and highlighted a safety concern, should residents attempt to turn right into the development. Councillor Delaney highlighted that the new Counteswells development as well as the AWPR traffic would all have an impact on the area and the new proposed junction would add to the problems in the area.
Gavin Clark, Senior Planner, spoke in furtherance of the application and answered various questions from members. Neale Burrows, Engineer, and Mark Wilkie, Team Leader, also provided answers to roads related queries.
The Committee resolved:-
to approve the application conditionally with a legal agreement.
Supporting documents:
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