Agenda item

Planning Reference – 191171

 

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Planning Officer:  Gavin Evans

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

 

That the application for planning permission in principle for the erection of a residential led, mixed use development of approximately 550 homes, community and sports facilities, retail (Classes 1, 2, 3 and Sui Generis) with associated landscaping, open space and infrastructure, at Cloverhill Aberdeen, be approved conditionally with a legal agreement.

 

Conditions

 

(1)  PHASING

 

That no development shall take place unless a phasing programme outlining the delivery of buildings, open spaces and roads infrastructure across the entire application site has been submitted to and approved in writing by the planning authority. For the avoidance of doubt, this scheme shall include details of trigger points for delivery of retail use to meet the local need generated by the new residential development, as well as community and sporting facilities.

 

Reason: in order to ensure development is progressively accompanied by appropriate associated infrastructure.

 

(2)  DETAILED DESIGN (BY PHASE)

 

No development in connection with any individual phase of the planning permission hereby approved shall take place unless the following details for that respective phase have been submitted to the Planning Authority and agreed in writing.  Thereafter, development within that phase of development shall be implemented in accordance with the approved details.

 

Unless otherwise agreed in writing with the planning authority, MSC applications shall include:

a) siting, design and external appearance of the built development; 

b) a detailed landscape plan and strategy;

c) details of the means of access

d) a detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point;

e)  a detailed Drainage Plan, including details of the proposed means of disposal of surface water, including how surface water run-off shall be addressed during construction, incorporating the principles of pollution prevention and mitigation measures. The final location of SUDs, including ponds, should be appropriately positioned in accordance with an agreed flood risk assessment;

f)   details of the connection to the existing Scottish Water foul water drainage network;

g) details of all cut and fill operations;

h) the details of all roads, footpaths, cycleways and car parking provision;

i)   details of any screen walls/fencing/boundary enclosures;

j)   details of all landscaping, planting and screening associated;

k) details of the layout, siting, design and finish of all residential properties;

l)   details of the layout, siting, design and finish of all non-residential properties, including but not limited to: retail and commercial premises, community facilities, sports pitch and pavillion; and,

m)details of waste/recycling collection points, for residential and non-residential properties.

 

Reason: In order to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

 

(3)  LANDSCAPING INFORMATION

 

The landscaping details to be submitted pursuant to Condition 2 above (detailed design by phase) shall include:

 

a) Existing and proposed finished ground levels relative to a fixed datum point;

b) Existing landscape features and vegetation to be retained.

c)  Tree survey, including layout plan showing proposed development together existing trees;

d) Existing and proposed services including cables, pipelines and substations;

e) The location of new trees, shrubs, hedges, grassed areas and water features;

f)   A schedule of plants to comprise species, plant sizes and proposed numbers and density;

g)  The location, design and materials of all hard landscaping works including walls, fences, gates, street furniture and play equipment;

h) An indication of existing trees, shrubs and hedges to be removed;

i)   A Biodiversity Action Plan;

j)   A Management Plan detailing appropriate management measures for all watercourse buffer strips;

k)  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 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 - in the interests of protecting trees and ensuring a satisfactory quality of environment.

 

(4)  DRAINAGE CONNECTIONS

 

The details to be submitted pursuant to Condition 2 for each respective phase of the development shall show the proposed means of disposal of foul and surface water from the relevant phase of the development within the form of a Sustainable Urban Drainage System and include a development impact assessment and detailed design and methodology statement. Unless otherwise agreed in writing by the Planning Authority, in consultation with SEPA, the development shall connect to the public sewer and the relevant phase of the development shall not be occupied unless the agreed drainage system has been provided, is operational,  and maintained thereafter throughout the lifetime of the consent in accordance with the approved maintenance scheme.

 

Reason: To protect the water environment and help reduce flooding.

 

(5)  ARCHAEOLOGY

 

No works in connection with the development hereby approved shall commence 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 WSI 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. 

 

Reason - to safeguard and record the archaeological potential of the area. In the first instance a 7-10% archaeological investigation is envisaged to be suitable

 

(6)  CONTAIMINATED LAND (i)

 

No development shall take place unless it is carried out in full accordance with a scheme to address any significant risks from contamination on the site that has been 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 shall include:

 

1. an investigation to determine the nature and extent of contamination

2. a site-specific risk assessment

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

4. verification protocols to demonstrate compliance with the remediation plan

 

(7)  CONTAIMINATED LAND (ii)

 

No building(s) within an individual phase of the development hereby approved shall be occupied unless the following matters have been agreed for that phase:

 

1. 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
2. a report specifically relating to the building(s) 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 on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning authority that verifies that the remedial works have been carried out in full accordance with the remediation plan, unless the planning authority has given written consent for a variation.

 

Reason: to ensure that the site is suitable for use and fit for human occupation

 

(8)  SAFE ROUTES TO SCHOOL

 

That no residential units shall be occupied unless safe routes to school have been provided in accordance with a scheme which has first been submitted to, and approved in writing by the planning authority. This shall include details of measures, including a timetable for implementation, required to help ensure safe travel to school.

 

Reason: In order to provide safe routes for travelling to local schools by sustainable means.

 

(9)  RESIDENTIAL TRAVEL PACK

 

That no residential unit within the development shall be occupied unless a Residential Travel Pack, expanding on the principles set out in the agreed Travel Plan Framework and containing proposals for reducing dependency on the private car has been submitted to and approved in writing by the Planning Authority, and thereafter provided to residents on first occupation.

 

Reason: to be consistent with the requirements of Scottish Planning Policy (SPP) and PAN 75 Planning for Transport – in the interests of reducing travel by private car.

 

(10)                   BUS STOPS

 

That no residential units shall be occupied unless bus stops have been provided on the A92, in accordance with a scheme which has first been submitted to and agreed in writing by the planning authority.

 

Reason: In order to provide the necessary infrastructure to make the development accessible by public transport and to encourage travel by sustainable means.

 

(11)                   TRAFFIC REGULATION ORDERS

 

No buildings within the development hereby approved shall be occupied unless the necessary the necessary Traffic Regulation Orders have been obtained for the reduction of speed limits on the A92 to 40mph, including provision for temporary 20mph limits to accommodate safe travel to schools.

 

Reason: In order to facilitate safe access to schools and to reduce traffic speeds to a level appropriate for a residential area.

 

(12)                   TOUCAN CROSSING SOUTH OF MURCAR ROUNDABOUT

 

No buildings in the area shown shaded on Halliday Fraser Munro drawing ref 11085-SK-040 (or such equivalent drawing as has been submitted to and approved in writing by the planning authority as part of the final designed scheme) may be occupied unless a toucan crossing has been provided across the A92, at a suitable location north of the main site access and to the south of the Murcar Roundabout (or such equivalent alternative means of facilitating pedestrian/cycle crossing as agreed), in accordance with a scheme submitted to and approved by the planning authority.

 

Reason: to ensure that the site has appropriate pedestrian infrastructure to allow connection to local shops and services in the surrounding area and to ensure compliance with policies T2 (Managing the Transport Impacts of Development) and T3 (Sustainable and Active Travel) of the ALDP.

 

(13)                   ACCESS JUNCTIONS (i)

 

That no unit within the site shall be occupied unless the main access junction (as shown in Appendix D to the Transport Assessment, drawing ref 123823/sk1012-Rev B, or any such other drawing as has been approved by the planning authority for this purpose, based on the finalised scheme) has been fully constructed and made available for use.

 

Reason: In order to ensure that the development is served by the necessary roads infrastructure and to ensure compliance with policiy T2 (Managing the Transport Impacts of Development) of the ALDP.

 

(14)                   ACCESS JUNCTIONS (ii)

 

That no more than 150 units within the site shall be occupied unless both access junctions (as shown in Appendix D to the Transport Assessment, drawing refs 123823/sk1012-rev B and 123823/sk1013-revA, or any such other drawings as have been approved by the planning authority for this purpose, based on the finalised scheme) have been fully constructed and made available for use.

 

Reason: In order to ensure that the development is served by the necessary roads infrastructure and to ensure compliance with policy T2 (Managing the Transport Impacts of Development) of the ALDP.

 

(15)                   NOISE ASSESSMENT AND MITIGATION MEASURES

 

No works within a given individual phase of development shall commence unless a further noise assessment, based on the final design and layout approved for that phase via condition 2 (Detailed Design by Phase) and including details of any necessary noise mitigation measures, has first been submitted to and agreed in writing by the planning authority.

 

Thereafter, no residential unit within that phase of the development shall be occupied unless the approved mitigation measures have been implemented in full and a further Noise Impact Assessment has been submitted to and approved in writing, demonstrating that mitigation measures have delivered the anticipated noise reductions (or such other alternative arrangements as have been agreed in writing) by the planning authority.

 

In the event that the anticipated noise reductions are not achieved by the agreed mitigation measures, alternative mitigation must be agreed in writing with the planning authority and its efficacy verified prior to occupation of the affected units.

 

Reason: To ensure that a suitable residential environment is provided, and that potential noise impact is mitigated as necessary.

 

(16)                   DUSK RISK ASSESSMENT AND MANAGEMENT PLAN

 

No development in connection with the planning permission hereby approved shall be carried out unless:

 

(i) An Air Quality (Dust) Risk Assessment, carried out by a suitably qualified consultant in accordance with the Institute of Air Quality Management document “Guidance on the Assessment of Dust from Demolition and Construction” 2014, has first been submitted to and agreed in writing by the planning authority.

 

(ii) A site-specific Dust Management Plan, based on the outcomes of the Air Quality (Dust) Risk Assessment and detailing the necessary control measures to be implemented for each phase of the proposed works (demolition, earthworks, construction, and trackout), an example of the monitoring protocol and schedule to be implemented on-site, and the responsible person for dust control on-site, has first been submitted to and agreed in writing by the planning authority.

 

Thereafter, all works shall be carried out in accordance with the control measures so agreed.

 

Reason: In order to mitigate the impact of dust from construction activities associated with the development on local air quality.

 

(17)                   SPECIES SURVEY AND MITIGATION

 

No development in any individual phase of the development hereby approved shall take place unless pre-construction surveys for reptiles and protected species (red squirrel /bats /badgers) for that phase, including details of any necessary mitigation measures, have been carried out and submitted to and approved in writing by the Planning Authority. Thereafter no development shall take place within the relevant phase of the development unless any necessary mitigation measures have been implemented as agreed

 

Reason:  to ensure the protection of reptiles and protected species during construction works

 

(18)                   PRIVATE WATER SUPPLIES

 

No development in any particular phase of the development hereby approved shall take place unless it is demonstrated to the satisfaction of the planning authority, in consultation with SEPA, that any wells within/in the vicinity of that phase of works are avoided through appropriate buffers, as detailed in SEPA's guidance on 'Assessing the Impacts of Development Proposals on Groundwater Abstractions and Groundwater Dependent Terrestrial Ecosystems' or otherwise agreed with the owner of any PWS that they will be connected to the public supply to avoid disruption and negative impacts during the construction works. 

 

Reason: To protect the water environment and its users.

 

(19)                   DE-CULVERTING OF WATERCOURSES

 

Prior to commencement of any work in any individual phase a detailed scheme for the protection and enhancement of the water environment  within that phase shall be submitted to, and approved in writing by, the Planning Authority in consultation with SEPA.

 

As a minimum, this shall include:

a) Demonstration of how the existing waterbodies on site have been incorporated into the layout of the development, including appropriate buffer zones

b) Detailed information relating to the investigation of and realignment / de-culverting of any watercourses onsite

c) Full details relating to any other proposed engineering activities in the water environment, including the location and type of any proposed watercourse crossings. Any proposed watercourse crossings shall be bridging solutions or bottomless or arched culverts, designed to accept the 1 in 200 year flow unless otherwise agreed with the Planning Authority in consultation with SEPA.

 

All works on site must be undertaken in accordance with the approved scheme unless otherwise agreed in writing with the Planning Authority.

 

Reason: To protect the water environment and to prevent an increase in flood risk.

 

(20)                   SUSTAINABLE URBAN DRAINAGE AND RELATIONSHIP TO THE     WATER ENVIRONMENT

 

That no development in any individual phase shall take place unless a scheme detailing levels of sustainable drainage (SUDS) surface water treatment has been submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the approved scheme. This shall include an assessment to demonstrate how the layout and design has considered the feasibility of de-culverting any water courses within the site and also what measures are proposed to minimise impacts on the spring in the north east of the site, identifying reasonable compensatory measures or proportionate mitigation to the satisfaction of the planning authority. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C697) and should incorporate source control. A minimum 6m buffer shall be maintained between development including garden ground and property boundaries and the top bank of the Silver Burn and any proposals to de-culvert watercourses through the site.

                                                                                                                                                                                                                                                                                                                           Reason: To ensure adequate protection of the water environment from surface water run-off and to provide for enhancement of the natural environment.

 

(21)                   TREE SURVEY AND PROTECTION MEASURES

 

That no development in any individual phase shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site during construction works has been submitted to, and approved in writing by, the Planning Authority and any such scheme as may have been approved has been implemented.

 

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

 

(22)                   TREES – CARE AND MANAGEMENT

 

That no units within a given individual phase 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) for that phase has been submitted to and approved in writing by the Planning Authority. Thereafter, the works shall be carried out in accordance with such plan and report as may be so approved.

 

Reason: In order to preserve the character and visual amenity of the area.

 

(23)                   CARBEON REDUCTION AND WATER EFFICIENCY

 

No units within a given individual phase of development shall be occupied unless a scheme detailing measures to ensure compliance with the Council's 'Resources for New Development' Supplementary Guidance (including water efficiency measures) within that phase has first been submitted to and agreed in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions and reduction in water use have been implemented in full.

 

Reason: To ensure that this development complies with the requirements for carbon emission reductions and water saving measures set out in the Council's 'Resources for New Development' Supplementary Guidance.

 

(24)                   SPORTS PITCH – HOURS OF OPERATION

 

The approved sports pitch shall not be used outwith the hours between 09.00 and 22.00.

 

Reason - To ensure adequate protection of amenity to the residents of the development.

 

(25)                   SPORTS PITCH – NOISE ASSESSMENT AND MITIGATION

 

No development relating to the formation of the approved sports pitch shall be undertaken unless a further noise impact assessment, including an assessment of adherence to ‘Sportscotland Outdoor Sports Facilities - Planning Guidance/1002 - Siting of Synthetic Grass Pitches - Guidance on Noise and Floodlighting’ and detailing any necessary noise mitigation measures, has first been submitted to and approved in writing by the plannig authority.

 

Thereafter, the approved sports pitch shall not be brought into use unless all mitigation measures set out in the agreed noise impact assessment have been implemented in full.

 

works in any individual phase of development details of the proposed street design for that phase, which shall contain but not be limited to: a parking strategy; road geometry, dimensions and swept-path analysis; road junctions and visibility splays; traffic calming measures; cycleway provision; gradient; level details, finishing/surfacing materials and crossing points, shall be provided for the further written approval of the Planning Authority in consultation with the Roads Authority. No building shall not be occupied unless the streets and parking areas for the respective block are complete and available for use.

 

Reason: in the interests of road safety.

 

(26)                   CONSTRUCTION ENVIRONMENT MANAGEMENT PLAN (CEMP)

 

No development shall be carried out within any individual phase of the development hereby approved unless a site specific Construction Environmental Method Plan (CEMP) for that phase of works has been submitted to, and approved in writing by, the Planning Authority in consultation with SEPA. Thereafter, all works on site must be undertaken in accordance with the approved CEMP unless otherwise agreed in writing with the Planning Authority.

 

Reason: In order to minimise the impacts of necessary demolition and construction works on the environment.

 

(27)                   FLOOD RISK ASSESSMENT ON FINAL LAYOUT

 

No development shall take place unless a matters specified in conditions application comprising a flood risk assessment (FRA) has been submitted to and approved in writing by the planning authority in consultation with SEPA. The FRA shall be undertaken in accordance with SEPA's 'Technical Flood Risk Guidance for Stakeholders' and considers the flood risk from all sources which may affect the development.

 

Thereafter all works on site must be undertaken in accordance with the approved FRA unless otherwise agreed in writing with the Planning Authority in consultation with SEPA.

 

Reason - in order to protect the proposed development from flood risk.

 

(28)                   A92 STREETLIGHT UPGRADING

 

That no residential units within the development hereby approved shall be occupied unless streetlights on the A92, between Murcar Roundabout and The Parkway, have been upgraded to LED illumination.

 

Reason: In order to reflect the increased pedestrian travel along this route and to bring it up to current standards for streetlighting in residential areas.

 

The Committee heard from Mr Gavin Evans, who spoke in furtherance of the application and answered various questions from members.

 

The Committee resolved:-

to approve the application conditionally with a legal agreement.