Land At Contlaw Road, Milltimber , Aberdeen - 190409
- Meeting of Planning Development Management Committee, Thursday, 15th August, 2019 10.00 am (Item 6.)
Planning Reference – 190409/DPP
All documents associated with this application can be found at the following link and enter the above reference number. https://publicaccess.aberdeencity.gov.uk/online-applications/
Planning Officer: Alex Ferguson
The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-
That the application for detailed planning permission for a residential development comprising 30 dwelling houses with associated infrastructure, open space and landscaping at land at Contlaw Road, Milltimber Aberdeen, be approved with the conclusion of a legal agreement and subject to the following conditions:-
(1) Construction Environmental Management Plan
No development shall take place unless a detailed site-specific Construction Environmental Management Plan (CEMP), which contains:
· a site waste management plan;
· air quality (dust) risk assessment;
· dust management plan;
· details of the dimension of the buffer strip adjacent to the neighbouring watercourse;
· details of the protection and maintenance of the buffer strip;
· details of how pollution of the River Dee will be prevented and details of the measures to be put in place to ensure workers on the site are aware of the requirement to avoid any impacts with protected species which may be encountered on the site;
· details of the design of construction phase works to ensure the water supply to the wetland area is maintained;
· details of protective fencing around the wetland area;
· the mitigation measures outlined in the Hydrogeological Risk Assessment; and
· all other required CEMP content as detailed in SEPA’s three consultation responses dated: 2 April, 17 June and 30 July 2019,
has been submitted to and approved in writing by the planning authority, in consultation with SEPA. The approved plan shall be implemented in full for the duration of works on the site.
Reason: In order to protect the integrity and qualifying interests in the River Dee Special Area of Conservation, to protect the integrity and minimise adverse impacts on the site’s wetland area and to ensure adequate waste management, prevent potential water pollution and impacts on adjacent amenity.
No dwelling shall be occupied unless a scheme showing the phasing of the provision of paths and internal roads on hereby approved Fairhurst drawing 125483/1001 Rev O connecting that dwelling to the surrounding pedestrian network has been submitted to and approved in writing by the planning authority. Thereafter all paths and roads (including pedestrian crossings on Contlaw Road; the boardwalks within the wetland area and all paths through the woodland) on drawing 125483/1001 Rev O, or another drawing as has been agreed in writing by the planning authority, shall be provided in accordance with the approved plans.
Reason – In order to ensure that the development, and each individual property, is satisfactorily connected to the surrounding pedestrian network.
Prior to any construction works taking place in relation to the 1.8m wide granite dust paths and timber boardwalks within the site or the section of 2m wide asphalt path adjacent to the site’s eastern boundary as shown in hereby approved Stewart Milne Homes drawing 8012/110 Rev B), a construction methodology for those paths and boardwalks shall be submitted to, and agreed in writing by the planning authority and thereafter the works shall be carried out in full accordance with such agreed methodology.
Reason – In order to minimise the impact of the paths and boardwalks on the root protection areas of the existing adjacent trees and the species in the wetland area, and to preserve visual amenity and landscape character.
(4) External Finishing Materials
No development associated with the external finishing of any particular dwelling shall take place unless samples of 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 complete accordance with the approved scheme unless a written variation has been approved by the planning authority.
Reason - In the interests of visual amenity.
(5) Hard Surfaces
No development in laying hard surfaces shall take place until such time as details and samples (where appropriate) of the finishes for the hard surfaces (internal roads and driveways) within the development have been submitted to and agreed in writing by the planning authority. Thereafter the development shall be finished in complete accordance with the approved details unless a written variation has been approved by the planning authority.
Reason – In the interests of visual amenity.
No dwelling shall be occupied until such time as a phasing scheme of the site boundary enclosures for the entire development has been submitted to and approved in writing by the planning authority. Thereafter no dwelling shall be occupied unless the part of the agreed scheme relevant to that dwelling has been implemented.
Reason – In order to create a suitable residential and visual amenity.
(7) Soft Landscaping
No works in connection with the development hereby approved shall take place unless a detailed scheme of soft landscaping works has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA.
Details of the scheme shall include:
(i) Existing landscape features and vegetation to be retained;
(ii) The location of new trees, shrubs, hedges, grassed areas and water features;
(iii) A schedule of planting to comprise species, plant sizes and proposed numbers and density;
(iv) An indication of existing trees, shrubs and hedges to be removed;
(v) A programme for the completion and subsequent maintenance of the proposed landscaping.
All soft and hard 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 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 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.
(8) Tree Protection Plan
The tree protection measures recommended in the hereby approved Tree Survey Report (EnviroCentre – March 2019) shall be implemented in full during construction works.
Reason – In order to ensure the adequate protection of existing trees to be retained on and adjacent to the site that could be affected by development.
(9) External Lighting
No dwelling shall be occupied unless a phasing plan associated to the external lighting covering the footpaths and internal roads associated to that dwelling, which are not proposed to be adopted by the Roads Authority, has been submitted to and approved by the planning authority. Such phasing plan should reflect the approved details (Fairhurst drawing no. 125483/1008 Rev H), or in accordance with a similar scheme as has been submitted to, and agreed in writing by, the planning authority.
Reason – In order to create a suitable residential and visual amenity and ensure public safety.
(10) Waste Storage Provision
No dwelling shall be occupied unless the waste storage area for that particular dwelling (or set of dwellings) has been provided in accordance with Stewart Milne Homes drawing 8012/1000 Rev Y 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.
(11) Water Efficiency
No development shall take place for any dwelling unless a scheme of water efficiency for dwellings 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 dwelling shall be occupied unless the approved measures for that dwelling 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.
(12) Low and Zero Carbon Buildings
No development shall take place for any dwelling 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 dwelling shall be occupied unless any recommended measures specified within the agreed scheme for the reduction of carbon emissions have been implemented in full.
Reason - To ensure that this 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'.
The recommended mitigation measures specified in the following supporting documents shall be implemented before and during the construction works:
· Phase 1 Habitat and Protected Species Survey (EnviroCentre – June 2018)
· Potential Roost Features in Trees Suvery (EnviroCentre – May 2019)
· Statement of Predicted Impacts: Ecology (EnviroCentre: May 2019)
· Breeding Bird Survey (EnviroCentre: May 2019)
· Badger Protection Plan (EnviroCentre: May 2019)
Reason: In order to ensure that the impact of the construction works on natural habitats present on and surrounding the site is minimised and appropriately mitigated.
All work shall be carried out in accordance with the hereby approved drainage scheme (Fairhurst Drainage Assessment March 2019: Issue 1) as detailed in the approved Fairhurst drawing no: 125483/2001 Rev I.
Reason: To ensure adequate protection of the site and adjacent water environment from surface water run-off.
(15) Core Path Network
Prior to the occupation of the final dwelling, a detailed scheme for the erection of fingerpost wayfinding signs for the Core Path network shall be submitted to, and agreed in writing by, the planning authority. Thereafter, the core path signs shall be installed in accordance with the approved details.
Reason: In the interests of promoting and enhancing the use of the core path network.
(16) Residential Travel Pack
Prior to the occupation of the first unit, a detailed Residential Travel Pack (RTP) shall be submitted to, and agreed in writing by, the planning authority and thereafter the approved travel pack shall be supplied to the occupants of all units upon occupation. The travel pack shall incorporate the measures noted in the applicant’s Transport Statement in order to discourage the use of the private car and to encourage the use of alternative, more sustainable modes of transport.
Reason: In order to reduce dependency on private car travel.
(17) Play Facilities
No dwelling shall be occupied until such time as full details of the play equipment to be installed on the site, and a phasing scheme for their installation/ completion for use, been submitted to and approved in writing by the planning authority. Thereafter the play facilities shall be delivered and available for public use in line with such approved details and phasing scheme.
Reason - In order to create a suitable residential amenity.
(18) Electric Vehicle Charging Points (Passive Provision)
No dwelling shall be occupied until such time as full details and a phasing scheme for the installation of electric vehicle charging (passive provision) infrastructure for all units has been submitted to and approved in writing by the planning authority. Thereafter no dwelling shall be occupied unless the part of the agreed scheme relevant to that dwelling has been implemented.
Reason: In order to facilitate the future installation of charging points for electric vehicles in future and to encourage the use of sustainable transport.
(19) Contlaw Road/ North Deeside Road Junction RE-Lining
No dwelling shall be occupied until such time as full details of the re-lining of the existing Contlaw Road / North Deeside Road junction have been submitted to, and agreed in writing by, the Planning Authority and thereafter the agreed works have been implemented to the satisfaction of the Roads Authority.
Reason: In order to improve road safety.
(20) Environmental Enhancements
No development or associated construction and material storage works within the wetland area (identified as the ‘NVC Community’ in EnviroCentre National Vegetation Classification Survey Drawing No. 371147-011 Rev A) shall take place until such time as the Northern Marsh Orchid growing locations within that area have been identified in full, to allow for the adequate protection of those areas during construction works. Where these locations are sited under the construction footprint, the orchids in those areas shall be removed and re-planted in accordance with a methodology and monitoring scheme submitted to, and agreed in writing by, the Planning Authority, in consultation with SEPA.
Reason: In order to offset the impacts of the development on the Northern Marsh Orchid species present on the site.
The Committee heard from Alex Ferguson, Planner, who spoke in furtherance of the application and answered various questions from members.
The Committee resolved:-
to approve the recommendation contained in the report and therefore approve the application conditionally and with the conclusion of a legal agreement, and an extra condition at 21 which would read:-
(21) Public Open Space Maintenance
No dwelling hereby granted planning permission shall be occupied unless a scheme for the maintenance of the public open space areas within the development site (i.e. softscape, excluding private gardens, as identified on Drawing No.223.32.01 Rev C of the plans hereby approved, or such other drawing as may be subsequently approved), has been submitted to and approved in writing by the Planning Authority, unless the planning authority has given prior written approval for a variation. Thereafter, the open space shall be maintained in accordance with the approved scheme.
Reason – In the interest of protection of residential amenity and compliance with Aberdeen City Council Supplementary Guidance regarding Green Space Network and Open Spaces and Green Infrastructure .