Agenda item

Planning Reference – 181702

 

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:  Matthew Easton

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

 

That there be a willingness to approve the application for planning permission in principle for the residential led development comprising 258 residential flats set over between 4 and 7 stories, 616 sqm of class 1 (retail) riverside park/open space and associated infrastructure at South Esplanade West Aberdeen, subject to securing a legal agreement to deliver affordable housing and developer obligations towards community facilities, sports and recreation, open space and healthcare and also subject to the following conditions:-

 

Conditions

 

1)    PHASING

 

No development shall take place unless a matters specified in conditions application including a phasing plan for the delivery of the development has been submitted to and approved by the planning authority. The phasing plan shall show –

·         The order in which blocks shall be delivered

·         The stage in development at which the commercial space shall be delivered

·         A scheme for the delivery of affordable housing

·         The stage in development at which the entirety of the riverside walkway shall be delivered

·         The areas of parking which will be associated with each block

·         A scheme for the delivery of affordable housing on the site

 

Thereafter no development shall take place other than in full accordance with the phasing plan(s) thereby approved.

 

Reason – to ensure that the development is delivered in a comprehensive and coherent manner.

 

2)    COMMERCIAL FLOOR SPACE

 

The commercial space shall be restricted to the following uses –

·         Central unit (circa 113 sq.m) – Class 1 (Shops) and Class 3 (Food and Drink)

·         Victoria Road units (circa 503 sq.m) – Class 1 (Shops), Class 2 (Financial, Professional and Other Services) and Class 3 (Food and Drink)

 

Reason – to ensure a suitable mix of uses within the development.

 

3)    DESIGN AND LAYOUT OF ROADS, PATHS AND BUILDINGS

 

No development within any particular phase or block shall take place unless a matters specified in conditions application, including the detailed layout and design of access points, roads, parking areas, buildings and other structures for that particular phase or block, has been submitted to and approved in writing by the planning authority.

 

The application shall be in full accordance with the strategic layout of roads paths and buildings established by this grant of the planning permission in principle and comprise –

i)             details of existing and proposed site levels (including cross sections);

ii)    details of the layout and finish of roads, footpaths and cycle paths, including an upgraded riverside path and boardwalk, all designed to integrate with future phases of development

iii)           details of the mix of commercial and residential unit type, size and tenure;

iv)           details of layout, design and external appearance of –

a.    vehicular, pedestrian and cycle access points

b.    buildings and ancillary structures;

c.    vehicular and motorcycle parking;

d.    short and long-term secure cycle parking;

e.    storage and collection arrangements for waste and recyclables; and

f.     boundary enclosures around the site or particular areas.

 

Thereafter the development shall not be implemented other than in full accordance with the approved details.

 

Reason – to ensure a satisfactory layout and design of the development and ensure provision of a suitable level of parking.

 

4)    LANDSCAPING AND OPEN SPACE

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including a scheme of hard and soft landscaping covering all areas of public and private open/green space for that particular phase or block has been submitted to and approved in writing by the planning authority. The scheme shall include details of –

i)          Those areas reserved as private space and those areas that will be freely accessible by the general public with the latter to include all riverside areas and the central square.

ii)         Existing and proposed finished ground levels;

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

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

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

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

vii)      Arrangements for the management and maintenance of existing and proposed open space, woodland and landscaped areas including watercourse buffer strips; and

viii)     Proposed hard surface finishing materials.

 

All soft and hard landscaping proposals should:

-        be specifically designed to enhance both the recreational and the wildlife value of the riverside

-       shall include mature tree planting along and close to the footway of South Esplanade West,

-       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 and recreational value of the site and creating a suitable living environment for future residents.

 

5)    EXTERNAL LIGHTING

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including details of the external lighting for that particular phase or block (during construction and as part of the permanent scheme) has been submitted to and approved in writing by the planning authority. The scheme shall be accompanied by a Lighting Impact Assessment by a suitably qualified practitioner which ensures no light spillage over the river or riverbank. Thereafter the external lighting shall be implemented in accordance with the approved details.

 

Reason – to ensure that the integrity of the River Dee Special Area of Conservation is not adversely affected.

 

6)    SITE INVESTIGATION

 

No development within any particular phase or block shall take place unless a matters specified in conditions application comprising a scheme to deal with any contamination on or within the land forming that particular phase or block 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 building within the particular phase or block shall be occupied unless’ for that building

(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 building has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the building(s) have been carried out, unless the planning authority has given written consent for a variation. The final building within the particular phase or block site 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 phase or block, unless the planning authority has given written consent for a variation.

 

Reason – in order to ensure that the site is fit for the intended end uses and to ensure that the integrity of the River Dee Special Area of Conservation is not adversely affected.

 

7)    RIVERSIDE BUFFER STRIP

 

No development shall take place unless a matters specified in conditions application comprising details of a buffer strip to the river tidal limit has been submitted to and approved in writing by the planning authority in consultation with SEPA. Thereafter, no development shall take place below the tidal limit or in any case below 3.92m AOD.

 

Reason – to ensure the flood plain capacity is not adversely affected.

 

8)    OTTER PROTECTION PLAN

 

No development (including site stripping, service provision or establishment of site compounds) within any particular phase or block shall take place unless matters specified in conditions application comprising an otter protection plan for that particular phase or block has been submitted to and approved in writing by the planning authority. The plan must be produced by an appropriately qualified person and contain avoidance, mitigation and compensation measures in accordance with Scottish Natural Heritage’s advice, to minimise the impact of the development on otters. Thereafter no development shall take place unless the agreed mitigation measures have been implemented.

 

Reason – to ensure the protection of a European protected species and to ensure that the integrity of the River Dee Special Area of Conservation is not adversely affected.

 

9)    CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN (CEMP)

 

No development (including site stripping, service provision or establishment of site compounds) within any part of the site shall take place unless a matters specified in conditions application comprising a site specific construction environmental management plan (CEMP) for that particular part of the site has been submitted to and approved in writing by the planning authority in consultation with SEPA. The CEMP shall detail the site-specific management of surface water run-off and thereafter development shall be undertaken in accordance with the approved CEMP.

 

Reason – to minimise the impacts of necessary demolition / construction works on the environment and to ensure that the integrity of the River Dee Special Area of Conservation is not adversely affected.

 

10)  DUST MANAGEMENT PLAN

 

No development (including site stripping, service provision or establishment of site compounds) within any particular phase or block shall take place unless a matters specified in conditions application comprising a Dust Management Plan for that particular part of the site has been submitted to and approved in writing by the planning authority. The 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 – to control air pollution from dust associated with the construction of the development.

 

11) TREE PROTECTION

 

No development within any particular phase or block shall take place unless the tree protection fencing relating to that particular phase or blocks and shown on Astell Associates drawing SEW-1906-TP (Rev.1) and Appendix H of Tree Survey Report SEW-1906-TR (Rev.1), or such other tree protection drawing that has been approved in writing by the planning authority, has been installed. Thereafter the treeprotection fencing shall remain in place for the duration of the construction period.

 

Reason - in order to safeguard trees which are to remain on the site.

 

12)  RECORDING OF FORMER MISSION HALL

 

No development associated with the former mission hall at 4 Esplanade West shall take place unless a matters specified in conditions application including a Level 2 archaeological standing building survey of the building and has been submitted to and approved in writing by the planning authority. The standing building survey shall not be undertaken unless its scope has been approved in writing by the planning authority. The survey must be in a digital format and must be clearly marked with the planning application reference number.

 

Reason – To ensure that a historic record of the building is made for inclusion in the National Record of the Historic Environment and in the local Sites and Monuments Record.

 

13)  SURFACE WATER DRAINAGE

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including a detailed scheme for surface water drainage for that particular phase or block has been submitted to and approved in writing by the planning authority in consultation with SEPA. The scheme shall include a detailed design of the surface water out-fall proposed on the banks of the River Dee. Thereafter development shall be implemented in accordance with any scheme thereby approved.

 

Reason – in order to ensure adequate protection of the water environment from surface water run-off and to ensure that the integrity of the River Dee Special Area of Conservation is not adversely affected.

 

14)  WASTE-WATER CONNECTIONS

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including a scheme for the connection of buildings to the public waste water system for that particular phase or block has been submitted to and approved in writing by the planning authority. The scheme shall include confirmation from Scottish Water that connections can be made and any necessary upgrades to the public waste-water system are in place. Thereafter no building shall be occupied unless connection has been made to the public waste-water network in accordance with the approved details.

 

Reason – in order to ensure that sewage is satisfactorily treated and disposed of and to ensure that the integrity of the River Dee Special Area of Conservation is not adversely affected.

 

15)  NOISE MITIGATION SCHEME FOR NEW RESIDENTIAL PROPERTIES

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including a scheme of mitigation measures for the protection of the proposed residential properties from external noise for that particular phase or block has been submitted to and approved in writing by the planning authority. The scheme shall ensure that internal noise levels do not exceed the criterion identified in Table 16 of the Noise Impact Assessment prepared by CSP Acoustics (ref: 1329002 IK V2 – 13^th September 2019). Thereafter no residential property shall be occupied unless the mitigation measures relevant to that particular property have been implemented in accordance with the agreed scheme.

 

Reason – to ensure that residents of the development are adequately protected from excessive noise levels.

 

16)  ALTERNATIVE MEANS OF VENTILATION

 

No development associated with any particular block shall take place unless a matters specified in conditions application including a scheme demonstrating that suitable ventilation complying with the relevant building standards 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.

 

17)  BUS STOP IMPROVEMENTS / PEDESTRIAN CROSSING

 

No phase or block shall be occupied unless a matters specified in conditions application including a scheme for the improvement of the existing bus stops at the following locations has been submitted to and approved by the planning authority and thereafter the bus stops have been upgraded in accordance with the approved details.

 

a)        on the west side of Victoria Road, 40m north of the junction with South Esplanade West

b)        on the east side of Victoria Road, 25m north of the junction with South Esplanade West

c)         on the north side of Menzies Road, opposite the junction with Walker Lane;

d)        on the south side of Menzies Road, 28m south of the junction with Walker Lane;

e)        on the north side of Menzies Road, 28m north of the junction with Walker Place and;

f)          on the south side of Menzies Road, 17m north of the junction with Walker Place

 

The said scheme should consider the provision of bus shelters, real-time information displays, timetables, lighting, boarding kerbs, and road markings at each bus stop, with the expectation the stops are upgraded to the extent that the locational characteristics of each stop allows.

 

Thereafter no units shall be occupied unless all bus stops have been upgraded in accordance with the approved scheme.

 

Reason – in order to encourage the use of public transport to the site.

 

18)  CAR CLUB PARKING SPACES

 

No development associated with the provision of the car parking areas hereby approved shall take place unless a scheme showing the location and delivery method of two '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 – to encourage modal shift away from the private car.

 

19)  ELECTRIC VEHICLE CHARGING POINTS

 

No unit 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; and (iii) a phasing plan for their provision, have been submitted to and approved in writing by the planning authority. Thereafter the charging points and bays shall be provided in accordance with the agreed phasing plan prior to the occupation

 

Reason – to provide for and encourage the use of electric vehicles.

 

20)  WATER EFFICENCY STATEMENT

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including a water efficiency statement for that particular phase or 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 or BREEAM level 5 for non-domestic buildings. Thereafter the approved measures shall be implemented in the construction of the development.

 

Reason – in order to help avoid reductions in river water levels, which at times of low flow can have impacts on freshwater pearl mussel, one of the qualifying features of the River Dee Special Area of Conservation (SAC).

 

21)  LOW AND ZERO CARBON BUILDINGS

 

No development within any particular phase or block shall take place unless a matters specified in conditions application comprising a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance for the buildings within that particular phase or block has been submitted to and approved in writing by the planning authority. Thereafter, each building shall not be occupied unless the approved measures have been implemented in full and are available for use.

 

Reason – in order to ensure that the development complies with the 'Low and Zero Carbon Buildings' Supplementary Guidance.

 

22)  SOUTH ESPLANADE WEST PAVEMENT

 

No development shall take place unless a matters specified in conditions application comprising a scheme to bring the pavement on the north west (development site) side of South Esplanade West between in its junction with Victoria Road and Wellington Road up to adoptable standard has been submitted to and approved in writing by the planning authority. Any vehicular accesses into the site shall be formed as footway crossings rather than a road junction, to provide pedestrian priority along the length of the development frontage.

 

Thereafter no unit shall be occupied unless the scheme has been implemented in its entirety.

 

Reason – in order to provide satisfactory and safe pedestrian access to the development.

 

23)  SAFE ROUTES TO SCHOOL

 

No development shall take place unless a matters specified in conditions application, including an assessment of, and scheme for securing, safe pedestrian routes to Lochside Academy and Walker Road Primary School (or such as other school as pupils from the site may be zoned to should circumstances change),has been submitted to and approved in writing by the planning authority. Thereafter no residential unit shall be occupied unless any associated work identified by the approved scheme to create the safe routes has been completed.

 

Reason - in order to promote sustainable and safe travel and ensure compliance with policy D3 (Sustainable and Active Travel) of the Aberdeen Local Development Plan.

 

24)  RESIDENTIAL TRAVEL PACK

 

No development within any particular phase or block shall take place unless a matters specified in conditions application including a residential travel pack has been submitted to and approved in writing by the planning authority. Each residential travel pack shall identify details of different travel options available in the area in order to discourage the use of the private car. The approved travel pack shall be supplied to the first occupants of every residential unit within that block or phase on occupation. Each Travel Plan shall identify measures to be implemented in order to discourage the use of the private car as well as the duration of the plan, system of management, monitoring, review and reporting and thereafter shall be implemented as approved.

 

Reason – in order to reduce dependency on the private car for travel.

 

Following the site visit, where Planning Officers showed Elected Members of the Committee around the area, presented relevant scheme drawings and pointed out significant features, the Committee met at the Town House and heard from Daniel Lewis, Development Manager, who spoke in furtherance of the application and answered various questions from members. 

 

The Committee resolved:-

to refuse the application unanimously for the following reasons:-

(1)      due to a failure to provide an appropriate mix of dwelling types and sizes, specifically the lack of dwelling houses versus flats, the proposal would be contrary to Policy H4 (Housing Mix);

 

(2)      the excessive density and number of flats proposed on the site is contrary to Policy H3 (Density) in that it does not have adequate consideration of the site’s characteristics and those of the surrounding area or create an attractive residential environment and safeguard living conditions within the development; and

 

(3)      the lack of parking provision to be provided on site when compared to the Council’s Transport and Accessibility Supplementary Guidance would exacerbate existing on-street parking to the detriment of safety and residential amenity, contrary to Policy T2 (Managing the Transport Impact of Development).