Agenda item

Planning Reference – 191755/DPP

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Planning Officer:  Lucy Greene

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

That there be a willingness to approve, subject to conditions and subject to the signing of a legal agreement to secure contributions towards core path network, primary education, healthcare, community facilities, affordable housing and provision of an upgrade to the bus shelter on south side of Westburn Road, the application for detailed planning permission for the erection of 32 apartments over 4 and a half storeys with associated car parking, landscaping and works at former Ross Clinic, May Baird Avenue Aberdeen, 191775.

Conditions

1.     That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority

Reason - in order to preserve the amenity of the neighbourhood and in the interests of public health.

2.     That the flats shall not be occupied unless the car park has been laid out, including electric vehicle charging points and bollards installed, path from nursery laid out with access across the car park to green space and cycle parking has been provided close to the building in accordance with a plan submitted to and approved in writing by the planning authority.

Reason – in order to encourage active travel and residential amenity.

3.     That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the planning authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme

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

4.     That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed.

Reason - in the interests of visual amenity.

5.     That all planting, seeding and turfing 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.

Reason - in the interests of the amenity of the area.

6.     That no development shall take place unless a scheme for the approved scheme within the Revised Updated Ecology Report for the protection of all trees to be retained on the site during construction works has been implemented.

Reason - in order to ensure adequate protection for the trees on site during the construction of the development.

7.     That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate 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) has been submitted to and approved in writing by the planning authority. The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation.

Reason - in order to preserve the character and visual amenity of the area.

8.     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 Page 47 Application Reference: 191755/DPP Authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is first occupied.

Reason - in order to preserve the character and visual amenity of the area.

9.     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.

Reason - in order to ensure. adequate protection for the trees on site during the construction of the development.

10.That no development shall take place unless there has been provided a pedestrian facilities between the car park access road within the site and Cornhill Road close to the bend in the road, together with an upgrade of the stretch of existing footway on the north side of Cornhill Road close to the south east corner of the application site, or such other scheme for pedestrian provision as may be agreed. The works shall be fully in accordance with details submitted to and approved in writing by the planning authority, including of the following:

·        A tree survey showing root protection areas within the area of the footpath, where appropriate;

·        The method of construction of the footpath, taking into account impact on tree roots, where appropriate;

·        Details of the opening within the existing granite wall, between Cornhill Road and the site, where appropriate.

·        Details of bollard type lighting, or other as so agreed.

·        Details of the upgrade works to the footway close to the corner of Cornhill Road.

Reason – in order to provide adequate pedestrian access.

11.That no development shall take place unless there has been provided a revised detailed layout of the junction onto Cornhill Road and internal site junction close to the site entrance, taking into account vehicle movements including of interactions between refuse vehicles and cars.

Reason – in the interests of road safety.

12.That the development shall not be brought into use unless the wall and narrow footway at the site entrance has been rebuilt and re-laid including use of existing materials, including existing footway edging stones, in accordance with elevational and layout drawings and specification that has been submitted to and approved in writing by the planning authority.
Reason – in the interests of preserving the character of the Conservation Area.

13.That all measures within the recommendations of the Revised Updated Ecology Survey shall be implemented, in particular, including:

·        Tree branches of tree 1176 shall be cut back to a height of 5m, or as otherwise agreed within the planning authority.

·        No external lighting shall be installed other than accordance with details of type and location, submitted to, and approved in writing by the planning authority;

·        Tree work shall be carried out outwith the bird nesting season, other than in accordance with surveys that accord with a methodology to be submitted to and approved in writing by the planning authority.

·        That any mesh security fencing shall be covered with fine mesh plastic sheeting, or other as agreed with the planning authority, in order to avoid bat collision.
Reason – in the interests of natural heritage and road safety.

14.That no development shall take place unless there has been submitted to and approved in writing by the planning authority, a construction method statement that shall include the following details: a. Route to be used by construction vehicles b. Location of site huts. Thereafter works shall take place only in accordance with the plans as so approved.
Reason – in the interests of protecting trees.

15.That no development shall take place unless there has been submitted to and approved in writing a detailed Travel Plan, 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 - in order to encourage more sustainable forms of travel to the development.

16.That the building hereby approved shall not be occupied 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, and any recommended measures specified within that 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 Committee heard from Lucy Greene, Senior Planner, who spoke in furtherance of the application and answered various questions from members.  Ms Greene advised that conditions 2 and 13c were revised from the delegated report. 

The Convener, seconded by Councillor Cooke:-

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

Councillor Cormie moved as an amendment, seconded by Councillor Greig:-

that the application be refused as it was contrary to Policy NE3, Urban Green Space, and it would result in the loss of valued green space.

On a division, there voted:- for the motion (7) – the Convener, and Councillors Cooke, Copland, Houghton, MacKenzie, Malik and Wheeler; for the amendment (2) – Councillors Cormie and Greig. 

The Committee resolved:-

to adopt the motion and therefore approve the application with the recommendation contained above.