Agenda item
Aberdeen Market - 190312
Planning Reference – 190312
All documents associated with this application can be found at the following link and enter the reference number above:-
Planning Officer: Matthew Easton
Minutes:
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 major development consisting of demolition and redevelopment of the existing site to form a mixed use office-led development (Class 4) (circa 18,000 sqm), with retail (Class 1), financial
and professional (Class 2), food and drink (Class 3), public house (Sui Generis) and
assembly and leisure (Class 11) uses (circa 750sqm), landscaping, public realm, car parking and associated works, be approved conditionally, but to withhold consent until a legal agreement be secured to deliver developer obligations towards core paths, open space and provision of a car club vehicle.
Conditions
PRE-DEMOLITION
(1) GEO-ENVIRONMENTAL INVESTIGATION
No development (including demolition or site setup) shall take place unless a scheme to deal with any contamination that may exist within 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 the development shall not be brought into use unless (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 has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the site has been carried out, unless the planning authority has given written consent for a variation.
Reason – to sure that the site is fit for human occupation
(2) ARCHAEOLOGY
No development (including demolition or site setup) 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 brought into use 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.
(3) SURFACE WATER MANAGEMENT
No development (including demolition or site setup) shall take place unless a demolition/construction phase surface water management strategy has been submitted to and approved in writing by the planning authority in consultation with SEPA. SEPA’s Sector Specific Guidance: Construction Sites (WAT-SG-75) must be used as a basis for the strategy. Thereafter demolition/development shall not be undertaken other than in accordance with the approved plan.
Reason – to minimise the impacts of demolition/construction works on the environment.
(4) SITE WASTE MANAGEMENT PLAN
No development (including demolition or site setup) shall take place unless a demolition/construction phase site waste management plan (SWMP) has been submitted to and approved in writing by the planning authority in consultation with SEPA. The SWMP must take account of the guidance available at the NetRegs website and specifically the Waste Management Plan template. Thereafter demolition/development shall not be undertaken other than in accordance with the approved plan.
Reason – to improve materials resource efficiency and ensure the appropriate management and disposal of waste from the development.
(5) DUST MANAGEMENT PLAN
No development (including demolition or site setup) shall take place unless a Dust Management Plan for the demolition/construction phase of development 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 demolition/development shall not be undertaken other than in accordance with the approved plan.
Reason – to control air pollution from dust associated with demolition and construction of the development.
(6) SUSTAINABILITY MEASURES
No development (including demolition or site setup) shall take place unless a scheme of sustainability measures to be implemented within the development has been submitted to and approved in writing by the planning authority in consultation with SEPA. The scheme should investigate and where appropriate implement the use of rainwater harvesting, bio-retention, green/blue roofs, living green walls, renewable energy sources and other suitable sustainability measures.
Reason – To contribute to and enhance the natural environment and support Policy D1 (Quality Placemaking by Design)
(7) NO. 6 MARKET STREET
No development (including demolition or site setup) shall take place unless a scheme detailing the works to 6 Market Street has been submitted to and approved in writing by the planning authority. The scheme shall include detailed specifications featuring –
1. 1:10 elevation and section drawing detailing the proposed alteration to Market Street elevation shopfront including the new column details and positioning of the glazing.
2. Details of the proposed new arched glazing.
3. 1:10 elevation and section showing how the new building will abut 6 Market Street
4. A sample of stone for the stone forming the new columns.
5. Details of the external finishing material for the East Green elevation
Thereafter demolition/development shall not be undertaken other than in accordance with the approved scheme.
Reason – to ensure an appropriately high quality of detailing commensurate with the civic scale and setting of the proposal.
PRE-CONSTRUCTION
(8) DRAINAGE
No development shall take place unless a detailed scheme for the disposal of foul and surface water drainage has been submitted to and approved in writing by the planning authority. Thereafter development shall not be brought into use unless the development has been implemented in accordance with the approved scheme and is available for use.
Reason – to safeguard water quality and to ensure that the development can be adequately drained.
(9) FLOOD MITIGATION
No development associated with the construction of the development shall take place unless a scheme for the provision of flood resilient doors has been submitted to and approved in writing by the planning authority. Thereafter the building shall not be brought into use unless the approved scheme has been implemented.
Reason – to mitigate the residual risk to the building of surface water flooding.
(10) EXTERNAL FINISHING MATERIALS
No development shall take place unless a scheme detailing all external finishing materials of the proposed building has been submitted to and approved in writing by the planning authority. The scheme shall include –
1. Detailed specifications of all materials to be used on the external areas of the building
2. Elevational drawings clearly showing which materials are to be used on each part of the building
3. 1:20 construction drawings, showing the size of granite cladding blocks to be used
4. 1:20 construction drawings, showing the detailing of points where there would be a change in the surface finishes (for example where glazed sections of frontage meet granite-clad sections)
5. Perforated translucent lattice grills to the East Green elevation of the car park.
6. Measures to prevent the nesting of birds on the external areas of the building.
Thereafter the development shall be finished in accordance with the approved scheme unless a written variation has been approved by the planning authority.
Reason – to ensure an appropriately high quality of detailing commensurate with the civic scale and setting of the proposal.
(11) EXTERNAL LIGHTING STRATEGY
No development associated with the construction of the development shall take place unless a scheme for the external lighting of the building (including the ‘lantern tower’) and its external areas has been submitted to and approved in writing by the planning authority. Thereafter the building shall not be brought into use unless the approved scheme has been implemented and is operational.
Reason – to integrate the development into the surrounding streetscape and skyline.
(12) MICRO-CLIMATE
No development associated with the construction of the development shall take place unless a scheme for the provision of measures to mitigate the impact of the building on the surrounding microclimate (as recommended in Micro-climate study F1879 101 R01 (Rev.A) and addendum by Wilde) has been submitted to and approved in writing by the planning authority. Thereafter the measures shall be implemented as soon as practicably possible during the construction of the building. In any case, the building shall not be brought into use unless the approved measures have been implemented.
Reason – to mitigate the impact of the building on the surrounding micro-climate.
(13) LOW AND ZERO CARBON GENERATING TECHNOLOGIES
The building shall not be occupied unless (i) a scheme detailing compliance with Policy R7 (Low and Zero Carbon Buildings, and Water Efficiency) and associated supplementary guidance (or any superseding policy or guidance covering the same matter) of the Aberdeen Local Development Plan with regards to low and zero carbon generating technologies has been submitted to and approved in writing by the planning authority; and (ii) thereafter the approved scheme has been implemented and measures are available for use
Reason – to ensure 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' or other guidance in force for the same purpose.
(14) WATER EFFICIENCY
The building shall not be brought into use unless (i) a scheme detailing compliance with Policy R7 (Low and Zero Carbon Buildings, and Water Efficiency) and associated supplementary guidance (or any superseding policy or guidance covering the same matter) of the Aberdeen Local Development Plan with regards to water efficiency measures has been submitted to and approved in writing by the planning authority. The scheme should consider 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. Thereafter the building shall not be brought into use unless the approved scheme has been fully implemented and identified measures are available for use.
Reason – 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).
(15) EXTERNAL PUBLIC REALM AND LANDSCAPING
No development associated with the construction of the development shall take place unless a scheme detailing all hard and soft landscaping has been submitted to and approved in writing by the planning authority. The scheme shall take account of the historic townscape context, functional purpose and micro-climate study and include detailed specifications of –
a. Proposed finished ground levels and features designed to allow pedestrian movement from different levels, taking account of the changes in levels across the site and surrounding streets.
b. Location, design and materials of walls, planters, railings and all other street furniture.
c. Proposed, tree and shrub numbers, densities, locations, species, sizes and stage of maturity at planting (including proposed green walls).
d. Proposed hard surface finishing materials within the site and on pavements immediately adjacent to the site.
e. The retention of the existing tree planters located on Hadden Street (unless their removal can be justified as being unavoidable)
f. Arrangements for the management and maintenance of proposed public realm.
Thereafter the building shall not be brought into use unless the areas of public realm have been constructed and are available for use in accordance with the approved scheme. Such areas will thereafter remain in use as publicly accessible space for the life of the development.
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 – to integrate the development into the surrounding streetscape and enhance the provision of public realm within the city centre.
PRE-OCCUPATION
(16) NOISE MITIGATION (MECHANICAL PLANT)
No part of the building shall be brought into use unless a noise assessment considering the impact on nearby residential properties (existing and consented) of noise from mechanical plant associated with the development has been submitted to and approved in writing by the planning authority. This assessment should:
· Be in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note.
· Identify the likely sources of noise associated with the proposed development.
· Detail the noise mitigation measures to reduce noise from the likely noise sources to an acceptable level to reasonably protect the amenity of the occupants of the existing neighbouring residences.
· The methodology for the noise assessment should be submitted and agreed in writing with this Service in advance of the assessment
Thereafter the building
shall not be brought into use unless any identified mitigation
measures have been implemented and are operational.
Reason – to protect residential properties from noise associated with the development.
(17) TAXI RANK
No part of the building shall be brought into use unless a scheme showing an amended taxi rank layout on Hadden Street which takes account of vehicular access and egress points to the development, has been submitted to and approved in writing by the planning authority.
Thereafter, unless otherwise agreed in writing with the planning authority the building shall not be brought into use unless (i) any markings or signs associated with the taxi rank which require to be amended as a consequence have been implemented; and (ii) any necessary traffic regulation order is in place and licensing requirements are in place to ensure the amended taxi rank has effect.
Reason – to ensure that the impact of the development on the existing taxi rank is appropriately addressed.
(18) CAR CLUB PARKING SPACES
No part of the building shall be brought into use unless a scheme showing the location and delivery method of one 'car club only' parking space has been submitted to and approved in writing by the planning authority.
Thereafter, unless otherwise agreed in writing with the planning authority, the building shall not be brought into use unless (i) the car club only parking space has been constructed and/or marked out and is available for use and any associated signs or road markings have been implemented, 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) CAR PARKING
No part of the building shall be brought into use unless the car parking area (including motorcycle & bicycle parking, showers and electrical charging points) has been constructed and laid out in accordance with HFM drawings 11131 P(00)18D and 11131 P(00)19D (or other such drawing as agreed for the purpose) and is available for use.
Thereafter the parking spaces shall be used for no purpose other than for the parking of vehicles belonging to those working at or visiting the building.
Reason – in the interests of public safety and the free flow of traffic
(20) WASTE STORAGE
No part of the building shall be brought into use unless the waste storage area shown on HFM drawing 11131 P(00)19D (or other such drawing as agreed for the purpose) has been constructed and is available for use.
Waste storage areas shall not thereafter be used for any other purpose other than the purpose of storing waste generated by the development. No waste storage containers shall be stored outside the building at any time.
Reason – to ensure there is sufficient space for the storage of waste and to maintain the amenity of the area.
(21) TRAVEL PLAN
No part of the building shall be brought into use unless a detailed Green Transport 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 has been submitted to and approved in writing by the planning authority.
Reason – to encourage more sustainable forms of travel to the development.
PRE-OCCUPATION (SPECIFIC USES)
(22) COOKING ODOUR EXTRACTION
No part of the building shall be brought into use for the purposes of Class 3 (Food and Drink) or public house uses unless a scheme showing the proposed means of filtering, extracting and dispersing cooking fumes from that part of the building has been submitted to and approved in writing by the planning authority. Thereafter the use shall not take place unless the approved scheme has been implemented in full and is ready for operation.
Reason – to ensure cooking odours do not adversely affect the amenity of the surrounding area.
(23) PUBLIC HOUSE NOISE MITIATION
No part of the building shall be brought into use for the purposes of public house use unless a detailed assessment of the likely sources and levels of noise arising within, and those audible out with, that part of the building has been submitted to and approved in writing by the planning authority. The noise assessment shall be carried out by a suitably qualified independent noise consultant and where necessary will specify a scheme of mitigation measures to ensure that the impact of the noise on surrounding residential properties is minimised. Thereafter the use shall not take place unless the approved scheme has been implemented in full and is ready for operation.
Reason – to ensure noise does not adversely affect the amenity of the surrounding area.
ONGOING CONTROL
(24) CONTROL OF USES
Each of the identified areas of the building on Level One and Level Two (as shown on HFM drawings 11131 P(00)19D and 11131 P(00)20D), as well as the entire floor space and terraces at Level Ten and Level Eleven, may be occupied for the purposes of Use Class 1 (Shops), Class 2 (Financial, Professional and Other Services), Class 3 (Food and Drink), Class 11 (Assembly and Leisure) (subject to the restrictions specified in condition 24), public house use; or a mixed-use activity comprising any of these uses.
In the case of Levels Ten and Eleven, this provision is in addition to the underlying Class 4 (Business) use which applies to these floors.
For the avoidance of doubt, once initial occupation of any of the ground floor commercial units or Level Ten or Level Eleven has taken place, unless subject of permitted development rights under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), any further change of use will require planning permission.
Reason – to ensure an appropriate mix of uses which contribute to the vitality and viability of the city centre at ground floor and the opportunity for public uses at the upper floors.
(25) RESTRICTION ON CLASS 11 (ASSEMBLY AND LEISURE) USE
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) and the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended), the uses permitted within Class 11 (Assembly and Leisure) does not include dance hall or discotheque (better now known as night club) or casino.
Reason – to ensure as far as possible that the building offers an active frontage with daytime activity which contributes to the vitality and viability of the city centre
(26) SERVICING HOURS
Unless otherwise agreed in writing by the planning authority, service deliveries or collections at the building by heavy goods vehicles shall be restricted to 0700 to 1900 Monday to Saturday and 0900 to 1900 on Sundays.
Reason – to prevent any adverse impact on amenity as a result of deliveries and servicing occurring at unsociable hours.
The Committee heard from Matthew Easton, Senior Planner, who spoke in furtherance of the application and answered various questions from members.
The Convener moved, seconded by the Vice Convener:-
that the application be approved in line with the recommendation contained in the report.
Councillor Greig moved as an amendment:-
that the application be refused as he did not feel comfortable with the scale and massing of the proposed development and felt that it was intrusive to the neighbourhood.
Councillor Greig’s amendment failed to attract a seconder and was therefore not put to the vote.
The Committee resolved:-
to approve the application as contained in the report but with a revised condition 19, to read:-
(19) CAR PARKING
No part of the building shall be brought into use unless –
(i) a scheme for the provision of electric vehicle charging points, showing at least ten spaces with active provision and five spaces with passive provision, has been submitted to and approved in writing by the planning authority; and
(ii) the car parking area (including motorcycle & bicycle parking, showers and electrical charging points) has been constructed and laid out in accordance with HFM drawings 11131 P(00)18D and 11131 P(00)19D (or other such drawing as agreed for the purpose) and is available for use. Thereafter the parking spaces shall be used for no purpose other than for the parking of vehicles belonging to those working at or visiting the building.
Reason – in the interests of public safety and the free flow of traffic
Supporting documents:
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