Agenda item

Planning Reference – 181050

 

All documents associated with this application can be found at the following link and enter the reference number above:-

 

https://publicaccess.aberdeencity.gov.uk/online-applications/

 

Planning Officer:  Daniel Lewis

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

 

That the application for the residential development comprising 283 flats over five storeys, associated infrastructure, access roads and landscaping at Wellheads Road, Dyce, be approved with a legal agreement, subject to the following conditions:-

 

Conditions

 

1.    SITE INVESTIGATION AND RISK ASSESSMENT

 

No development shall take place unless a scheme to deal with any contamination on or within the land forming the surface car park part of the site has been submitted to and approved in writing by the planning authority. The scheme shall follow the procedures outlined in Planning Advice Note 33 (Development of Contaminated Land) and shall be conducted by a suitably qualified person in accordance with best practice as detailed in BS10175 (Investigation of Potentially Contaminated Sites - Code of Practice) and other best practice guidance and include:

 

(i)            an investigation to determine the nature and extent of contamination;

(ii)          a site-specific risk assessment; and

(iii)         a remediation plan to address any significant risks and ensure the site is fit for the use proposed.

 

Thereafter no block shall be occupied, unless for that block:

(i)            any long-term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority is being undertaken; and

(ii)          a report specifically relating to the block has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the block(s) have been carried out, unless the planning authority has given written consent for a variation. The final block shall not be occupied unless a report has been submitted and approved in writing by the planning authority that verifies the completion of the remedial works for the entire site, unless the planning authority has given written consent for a variation.

 

Reason - In order to ensure that the site is fit for human occupation in accordance with Policy R2 - Degraded and Contaminated Land.

 

2.    PROGRAMME OF ARCHAEOLOGICAL WORKS

 

No development (including site stripping, service provision or establishment of site compounds) shall take place unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis the development hereby approved shall not be occupied unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details.

 

Reason - To safeguard and record the archaeological potential of the area, specifically in relation to the former Aberdeenshire Canal which crosses the site, in accordance with Policy D4 - Historic Environment

 

3.    TREE PROTECTION

 

No development (including site stripping or service provision) shall take place unless the tree protection fencing shown on Astell Associates drawing WRD-1805TP (Rev.A) has been implemented. Thereafter the fencing shall remain in place for the duration of construction of the development.

 

Reason – To protect trees from damage during construction in accordance with Policy NE5 - Trees and Woodlands.

 

4.    CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN (CEMP)

 

No development (including site stripping, service provision or establishment of site compounds) within any phase or block shall take place unless a site-specific construction environmental management plan (CEMP) for that particular phase or block has been submitted to and approved in writing by the planning authority in consultation with SEPA. The CEMP must address (i) surface water management; (ii) site waste management; and (iii) pollution prevention. Thereafter development shall be undertaken in accordance with the approved CEMP.

 

Reason - In order to minimise the impacts of necessary demolition / construction works on the environment.

 

5.    DUST MANAGEMENT PLAN

 

No development (including site stripping or service provision) within any particular phase or block shall take place unless a Dust Management Plan for the construction phase of development has been submitted to and approved in writing by the planning authority. Such management plan shall specify dust mitigation measures and controls, responsibilities and any proposed monitoring regime. Thereafter development (including demolition) shall be undertaken in accordance with the approved plan.

 

Reason - In order to control air pollution from dust associated with the construction of the development in accordance with Policy T4 - Air Quality.

 

6.    BIRD HAZARD MANAGEMENT PLAN

 

No development associated with any particular phase or block shall take place unless a Bird Hazard Management Plan has been submitted to and approved in writing by the Planning Authority in consultation with Aberdeen International Airport. The submitted plan shall include details of the management of any flat/shallow pitched roofs (pitch less than 15°) on buildings within the site which may be attractive to nesting, roosting and “loafing” birds. The management plan shall comply with Advice Note 8 ‘Potential Bird Hazards from Building Design’.

 

The Bird Hazard Management Plan shall be implemented as approved, on completion of the development and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority in consultation with Aberdeen International Airport.

 

Reason - It is necessary to manage the development in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Aberdeen Airport.

 

7.    NOISE MITIGATION SCHEME (FLATS)

 

No development associated with any particular block shall take place unless a scheme demonstrating that the design specification for (i) facades, windows and glazing for that block, and (ii) the living wall acoustic screens, are capable of achieving the necessary noise mitigation contained within the Noise Assessment (60566497_NIA_v5_011118) and dated 1 November 2018, produced by AECOM, has been submitted to and approved in writing by the Planning Authority. Thereafter that block shall not be occupied unless the block has been constructed in accordance with the agreed scheme.

 

Reason - In order to ensure that residents of the development are adequately protected from external noise.

 

8.    ALTERNATIVE MEANS OF VENTILATION

 

No development associated with any particular block shall take place unless a scheme demonstrating that suitable ventilation for each of the units within that block has been submitted to and approved in writing by the planning authority. Thereafter no unit within that block shall be occupied unless the buildings have been constructed in accordance with the agreed scheme.

 

Reason - In order that satisfactory ventilation can be provided to flats without windows being opened, which could result in exposure to excessive noise levels.

 

 

9.    WATER EFFICIENCY

 

No development associated with any particular block shall take place unless a scheme of water efficiency for that particular block has been submitted to and approved in writing by the planning authority. The statement should take into account the advice provided in CIRIA publication C723 (Water sensitive urban design in the UK) and specify the measures proposed to incorporate water saving technology into the development so as to achieve gold standard for water use efficiency in domestic buildings. Thereafter no block shall be occupied unless the approved measures have been implemented in the construction of the development.

 

Reason - In order to reduce pressure on water abstraction from the River Dee and the impact on water infrastructure.

 

10. LOW AND ZERO CARBON BUILDINGS

 

No development associated with any particular block shall take place unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance has been submitted to and approved in writing by the planning authority. Thereafter no units shall be occupied unless any recommended measures specified within that scheme for that unit for the reduction of carbon emissions have been implemented in full.

 

Reason - to ensure that the development complies with requirements for reductions in carbon emissions specified in the City Council's relevant published Supplementary Guidance document, 'Low and Zero Carbon Buildings'.

 

11. EXTERNAL FINISHING MATERIALS

 

No development associated with the external finishing materials of any particular block shall take place unless a scheme detailing all external finishing materials to the roof and walls of the proposed buildings has been submitted to and approved in writing by the planning authority. Thereafter the development shall be finished in accordance with the approved scheme unless a written variation has been approved by the planning authority.

 

Reason - In the interests of visual amenity.

 

12. LANDSCAPING

 

No development associated with the landscaping of the site shall take place unless a detailed scheme of hard and soft landscaping covering all areas of public and private open/green space has been submitted to and approved in writing by the planning authority. The scheme shall include details of –

i)             Existing and proposed finished ground levels;

ii)            Existing landscape features, trees and vegetation to be retained or removed;

iii)           Existing and proposed services and utilities including cables, pipelines and substations;

iv)           Proposed woodland, tree and shrub numbers, densities, locations, species, sizes and stage of maturity at planting;

v)            Location, design and materials of walls, fences, gates and street furniture;

vi)           Arrangements for the management and maintenance of existing and proposed open space and landscaped areas; and

vii)          Proposed hard surface finishing materials.

 

All soft landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of each respective phase of the development or such other date as may be agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of each phase 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.

 

Reason - In order to integrate the development into the surrounding landscape, increasing the biodiversity value of the site and creating a suitable environment for future residents and to safeguard the operations of Aberdeen International Airport.

 

13. EXTERNAL LIGHTING

 

No development associated with the external lighting scheme shall take place unless a scheme of external lighting for the footpaths and car parks has been submitted to and approved in writing by the planning authority. Thereafter no block shall be occupied unless the external lighting covering the car parking spaces, footpaths and communal areas associated with that block has been implemented in accordance with the approved details.

 

Reason - In order to create a suitable residential and visual amenity and ensure public safety.

 

14. CAR CLUB PARKING SPACES

 

That no development associated with the provision of the car parks shall take place unless a scheme showing the location of three ‘car club only’ parking spaces has been submitted to and approved in writing by the Planning Authority. Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless (i) the car club only parking spaces have been constructed and are available for use and any associated signs or road markings have been implemented, in accordance with a phasing plan if necessary; and (ii) a traffic regulation order (TRO) is in place to restrict the use of the parking spaces to car club vehicles only.

 

Reason - In order to encourage modal shift away from the private car.

 

15. BOUNDARIES

 

No development associated with boundaries of the proposed development shall take place unless a scheme (including phasing) of any site boundary enclosures across the entire development has been submitted to and approved in writing by the Planning Authority. Thereafter no unit shall be occupied unless the said scheme has been implemented, in accordance with the phasing plan.

 

Reason - In order to create a suitable residential and visual amenity.

 

16. PROVISION OF ACCESS ROAD AND CAR PARKING

 

No block shall be occupied unless a phasing plan for the provision of the junctions with Wellheads Avenue and Wellheads Road and car parking spaces (in accordance with Halliday Fraser Munro drawing 10611 P(00)003H) has been submitted to and approved in writing by the Planning Authority. Thereafter no block shall be occupied unless the infrastructure associated with that block and identified in the phasing plan has been constructed and is available for use. In the case of parking spaces located on Wellheads Avenue, prior to the occupation of any flat within the development the spaces shall be demarcated with signage as private spaces associated with the development.

 

Parking areas shall not thereafter be used for any purpose other than the parking of vehicles ancillary to the development.

 

Reason - In the interests of public safety and the free flow of traffic.

 

17. PLAY AREA

 

No block shall be occupied unless (i) details of the proposed play areas; and (ii) a phasing plan for their provision, have been submitted to and approved in writing by the Planning Authority. In designing the scheme reference should be made to Part 8 of the Council's Open Space Supplementary Guidance.

 

Reason - In order to ensure satisfactory provision of play facilities.

 

18. DRAINAGE

 

The development shall not be occupied unless all drainage works detailed in the approved Drainage Assessment (121951-SA – May 2018, Issue 4) produced by Fairhurst or such other plan as may subsequently be approved in writing by the planning authority for the purpose have been installed in complete accordance with the said plan.

 

Reason - In order to safeguard water qualities in adjacent watercourses and to ensure that the proposed development can be adequately drained.

 

19. WASTE STORAGE PROVISION

 

No block shall be occupied unless the waste storage area for that particular block has been provided in accordance with Halliday Fraser Munro drawings 10611-P(00)003B and 10611-P(00)019A or such other drawing as may be approved in writing by the Planning Authority.

 

Reason - In order to ensure suitable waste storage facilities are available for residents and to protect public health.

 

20. CYCLE PARKING

 

No block shall be occupied unless (i) the residents cycle store within that block has been constructed and is available for use and (ii) a scheme of short-stay cycle parking for that block, showing the location and design of cycle stands for visitors, has been submitted to and approved in writing by the Planning Authority and such approved scheme has been implemented.

 

Reason - In order to encourage cycling.

 

21. RESIDENTIAL TRAVEL PACK

 

No block shall be occupied unless a residential travel pack, aimed at encouraging use of modes of transport other than the private car, has been submitted to and approved by the Planning Authority. Thereafter the pack shall be provided to each flat on occupation.

 

Reason - In order to encourage use of more sustainable modes of transport.

 

22. 20MPH SPEED LIMIT

 

No block shall be occupied unless a scheme showing a 20mph speed limit along Wellheads Avenue has been submitted to and approved in writing by the planning authority.

 

Thereafter, no unit shall be occupied unless (i) all signs and markings for the 20mph speed limit scheme have been implemented; and (ii) a traffic regulation order is in place to ensure the 20mph speed limit has effect.

 

Reason – In the interests of road safety.

 

23. ELECTRIC VEHICLE CHARGING POINTS

 

That no flats shall be occupied unless

(i)            details of the type and location of electric vehicle charging points and bays;

(ii)          markings and signage to identify the bays, have been submitted to and approved in writing by the Planning Authority;

(iii)         a phasing plan for their provision, have been submitted to and approved in writing by the planning authority.

(iii)         the charging points and bays shall be provided in accordance with the agreed phasing plan.

 

Reason - In order to provide for and encourage the use of electric vehicles.

 

The Committee heard from Matthew Easton, Senior Planner, who spoke in furtherance of the application and answered various questions from members.  Mr Easton advised that the application had been amended since the Pre-Determination Hearing held in October 2018, in order to deal with concerns raised; and highlighted the main changes to the application as follows:-

 

·         number of blocks reduced from five to four;

·         number of flats reduced from 302 to 283;

·         increase in the number of one bedroom flats to better reflect the demand on the housing waiting list;

·         number of parking spaces increased from 168 to 178;

·         number of car club spaces reduced from four to three;

·         all buildings were now five storey in height; and

·         several minor consequential changes to the site layout and the layout and design of the buildings.

 

Mr Easton advised that Dyce and Stoneywood Community Council objected to the application and 323 individuals initially responded to the consultation, of those 283 objected and 36 were in support.  After a second round of neighbour consultation following the amendments to the application, those who responded did so based on the size of the development, as well as the effect it would have on the local amenities and the roads.

 

The Committee then heard from Councillor MacGregor who addressed the Committee in the following terms as a local member to the area.  Councillor MacGregor thanked the Committee for allowing him to speak in regard to the application and noted that social housing was greatly needed.  He advised that residents were primarily concerned about the scale and massing of the development as well as congestion issues and questioned how many people would live in the 283 flats.  Councillor MacGregor noted that following a review by NESTRANS, that in Aberdeen there was a higher that average car usage and highlighted how busy a road Stoneywood Road was, however there was no mention of a contribution to the upgrade of the road in the report.  Councillor MacGregor raised concerns about the effects the development would have on the local health care and also the education provision and asked for a contribution to the cycle lane.  In conclusion, Councillor MacGregor advised that the application was welcomed in the local area, however mitigations were needed for certain aspects and advised that he felt the application was slightly too large.

 

The Convener, seconded by the Vice Convener, moved:-

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

 

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

that the application be refused as it did not comply with policies B4, D1, D2, D3, D4 and T5.  It was felt that this was overdevelopment of the site and the proposed buildings were too big in height.  The amenity space was also not big enough which would result in no quality area for the residents to use.  The noise impact from the helicopters was also a concern and the mitigations used to help with the noise were not satisfactory.  Overall it was felt that the application should be refused due to overdevelopment of the site and also the quality of the building and open space for residents was not acceptable.

 

On a division, there voted:- for the motion (7) – the Convener, the Vice Convener and Councillors Allan, Cormie, Greig, Graham and Lumsden; for the amendment (2) – Councillors Copland and Cooke.

 

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally as contained within the report.