Agenda item

Planning Reference – 181224

 

All documents associated with this application can be found at the following link and enter the reference number above:-

Link.

 

Planning Officer:  Lucy Greene

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 a residential led development for the retired/elderly (including affordable housing), a 50 bedroom care home and approximately 500sqm of ancillary retail/community use, together with public open space and associated infrastructure including a link road at land at Inchgarth Road Aberdeen, be refused.

 

The Committee heard from Lucy Greene, 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 subject to conditions as identified in the Committee Report and to withhold consent until a legal agreement is secured to deliver:-

1. payment of the developer obligations contributions and provision of affordable housing as identified in the Developer Obligations Team response;
2. an age restriction on occupation of the housing for over 55s only – on the basis that no contribution has been requested towards education;
3. infrastructure including the link road, community facility and public open space and their control through phasing to ensure that these elements are delivered prior to the first occupation of any residential unit on the application site.
4. maintenance of public open space within the development;
5. control on the height of the development – for example, to a maximum of 2.5 storeys; and

improvement to the bus stop on North Deeside Road

 

Reason for approval was that the proposal would result in the provision of much needed retirement housing in the area which had a high proportion of retired people and that there would be community benefits delivered in terms of the community facility and by the link road  which would reduce traffic and result in associated improvements to road safety , congestion and amenity on adjoining residential streets. The link road was considered to be supported by the Access from the South Study and the Strategic Infrastructure Plan.  The proposal was not considered to have a significant detrimental impact on the landscape or the character of the conservation or on the amenity of the Deeside Way.  Subject to conditions and a legal agreement, these material considerations outweigh the relevant Green Belt and other relevant planning policies of the Development Plan.  Any further applications for approval of matters specified by condition or detailed applications on this site related to this planning permission in principle would be brought back to this Committee, with removal of the delegated power and conditions as follows:-  

 

           Conditions

(1)  Standard Matters Requiring Further Approval Condition for Planning Permission in Principle

Details of the specified matters listed below shall be submitted for consideration by the planning authority, in accordance with the requirements, timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).  No work shall begin until the written approval of the authority has been given by way of an approval of matters specified by condition consent , and the development shall be carried out in accordance with that approval.

Specified matters (where stated in further conditions below these may be submitted on a phase by phase basis):

(a)Full details of the layout and siting of the proposed development;

(b)Full details of the external appearance and all finishing materials, including samples where required, of the proposed development ;

(c)Full details of all existing and proposed landscape features, including trees to be retained and planted;

(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)Full details of the proposed means of disposal of foul and surface water from the development  ;

(f)  Full details of the proposed means of access to the development, including the required visibility splays;

(g)Full details of the proposed car parking/vehicle turning area for the development;

 

Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

 

(2)That no development shall take place unless there has been submitted to and approved in writing by the planning authority, by way of an approval of matters specified by condition consent ,site wide plans as follows:

(a) Masterplan for the entire site, and showing the layout of all buildings, link road, footpaths, cycle routes, internal access roads, parking, landscaped and open space areas, SUDS features, watercourse and landscaped area designed for play. The layout shall be designed to prioritise footways and cycleways, in order to encourage and facilitate active travel; and,

(b) Phasing plan and schedule, showing the phasing of the site and the sequence in which development of all elements noted above shall be provided within each phase.

Thereafter the development shall be delivered in complete accordance with the plans as so agreed and details as approved by the conditions below.

Reason: To ensure delivery of all elements of the development that benefit residential amenity.

 

(3)  Trees and landscaping– Phased

Prior to development commencing within each phase, and notwithstanding documents submitted with the application, there shall be submitted to (by way of   Matters Specified in Condition application) and approved in writing by the Planning Authority a scheme of hard and soft landscaping works.

 

Part A

           Details of the scheme shall include:                                                                                     

(i)               Survey of trees and other existing landscape features and vegetation, showing those to be retained and those to be removed. The survey shall include any trees outside the phase boundary but within 15m of the boundary.

(ii)              The location of new trees, shrubs, hedges, grassed areas and water features: including SUDS measures and any existing watercourse and its landscaped buffers, found by the survey required in condition 8, ensuring that water features are fully incorporated into the landscape scheme to the benefit of biodiversity.

(iii)            A schedule of planting to comprise species, plant sizes and proposed numbers and density – all designed to maximise the wildlife and recreational value of the site in line with planning policy for the Green Belt and Gren Space Network.

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

(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.

Part B

(i)               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 by way of an approval of matters specified by condition consent. 

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.

 

(4)  Tree Protection

That no development 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 by way of an approval of matters specified by condition consent 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.

 

(5)  Trees – bird breeding season

That all tree work shall be carried out only outwith the bird nesting season, that season being 1^st March to 31st August.

 

Reason: In the interests of protecting breeding birds.

 

(6)  Trees – No storage

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.

 

(7)  Trees – Necessary Work

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 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.

 

(8)  Watercourse

No development shall take place unless there has been submitted (by way of Matters Specified in Condition Application) to and approved in writing by the planning authority:

a)     a survey showing the existing route of the watercourse that is identified as crossing the site north east to south west; and,

b)     details of the watercourse including route, any realignment, daylighting (de-culverting) and buffer strips shown on the masterplan required by condition 2(a). Taking into account the guidance in Supplementary Guidance: Natural Heritage;

 

Reason: In the interests of reducing pollution, to provide wildlife habitats and ensure future maintenance of the watercourse.

(9)  Playable Space

That the development shall not be occupied unless there has been provided playable space as part of the landscape design, in accordance with plans submitted to and agreed in writing by the planning authority by way of an approval of matters specified by condition consent. This should incorporate natural features such as re-use of trees, boulders and stone removed elsewhere on the site and earth mounds.

 

Reason: To provide for enhance the recreational environment.

 

(10)                   Badgers

That there shall be no development within each phase unless there has been submitted (by way of Matters Specified in Conditions applications) to and approved in writing by, the planning authority a badger survey for that phase. The survey shall identify the location of any setts within the site and its vicinity and shall be undertaken by an experienced badger surveyor. Thereafter no development shall take place within the phase unless detailed mitigation measures to safeguard all existing badger setts have been implemented in accordance with the agreed scheme.

 

Reason: To ensure the protection of badgers.

 

(11)                   Bat boxes

That no development shall take place unless there been submitted to (by way of Matters Specified in Conditions applications) and approved in writing by, the planning authority a layout plan showing the locations of bat boxes and specification for the boxes. No development shall be occupied unless the bat boxes have been installed in accordance with the approved plans.

 

Reason: To help protect bats, as the development involves the removal of trees.

 

(12)                   Archaeological scheme

That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority by way of an approval of matters specified by condition consent.

 

Reason: in the interests of protecting items of historical importance as may exist within the application site.

 

(13)                   Air Quality - dust

That development within each individual phase shall not take place unless, there has been submitted to (by way of an approval of matters specified by condition consent), and approved in writing by, the planning authority:

a)  An 'Air Quality (Dust) Risk Assessment' by a suitably qualified consultant is carried out in line with the IAQM 2014 Guidance entitled ‘Guidance on the Assessment of Dust from Demolition and Construction’ to predict the likely dust levels and impact on air quality including a determination of its significance.

b)  A Dust Management Plan produced in line with the aforementioned guidance (based on the outcome of the Dust Risk Assessment) detailing the necessary dust control measures to be implemented.

The development shall be carried out only in accordance with the plan as so agreed.

 

Reason: In order to prevent pollution and in the interests of residential amenity.

 

(14)                   Refuse storage

That the development hereby granted planning permission shall not be occupied unless provision has been made within the relevant phase of the development for refuse storage and disposal in accordance with a scheme, which shall include swept path analysis for refuse collection vehicles, which has been submitted to and approved in writing by the planning authority by way of an approval of matters specified by condition consent - in order to preserve the amenity of the neighbourhood and in the interests of public health.

 

(15)                    Low and Zero Carbon

That the buildings hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Resources for New Development' supplementary guidance has been submitted to and approved in writing by the planning authority by way of an approval of matters specified by condition consent, 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, 'Resources for New Development'.

 

(16)                   Water saving technologies

That the buildings hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Resources for New Development' supplementary guidance has been submitted to and approved in writing by the planning authority by way of an approval of matters specified by condition consent, and any recommended measures specified within that scheme for water saving technologies 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, 'Resources for New Development'.

 

(17)                   Housing Adaptability

That residential units shall be erected only in accordance with plans detailing how the design demonstrates accessibility and future adaptability for elderly and disabled residents, such as bedrooms on ground floor or accessible by lift.

 

Reason: To ensure that all housing is adaptable to suit all residents.

 

(18)                   Electric Vehicle Charging Points, cycle and motorcycle parking

That development within each phase shall not take place unless there has been submitted to by way of MSC applications and approved in writing by, the planning authority details of electric vehicle charging points, cycle and motorcycle spaces and car parking provision. Individual buildings shall not be occupied unless the charging points and cycle / motor cycle / car parking spaces in accordance with the plans as so approved with have been implemented and are ready for use for the particular building.

 

Reason: To encourage sustainable travel and road safety.

 

(19)                   Noise mitigation

That no building shall be occupied nor the proposed link road opened unless the relevant noise mitigation measures achieving at least an equivalent effect as those measures contained and recommended within the Noise Impact Assessment (Reference 165-R01-D Date: 21 September 2018) have been implemented in full on site.

 

Reason: To protect residential amenity.

 

(20)                   Details of Barriers

That no noise mitigation barriers or boundary treatments shall be implemented on site other than in accordance with plans and details submitted (by way of MSC applications) to, and approved in writing by the planning authority.

 

Reason: in the interests of visual amenity.

 

(21)                    Lepidoptera Protection

That no development shall take place unless there has been submitted (by way of MSC application) to and approved in writing by the planning authority a construction methodology that includes measures to securely separate a retained area of grassland within the northern field (north of the Deeside Way) from plant, machinery and storage of materials during the construction period. The details shall include a layout plan showing sufficient size of area to provide habitat for lepidoptera, and suitable barriers.

The construction shall be carried out in full accordance with the mitigation measures recommended in the Lepidoptera Survey 8 August 2019, or such other report as subsequently agreed with the planning authority, and measures implemented in full prior to occupation of any building or opening of the road.

 

Reason: To help ensure conservation of lepidoptera on site.

 

(22)                   Contaminated Land

That no development involving digging shall take place within 10m of the edge of the surfaced footpath on the Deeside Way, unless it is carried out in full accordance with a scheme to deal with 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.

 

No building(s) on the development site shall be occupied unless

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 that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation.

 

Reason: in order to ensure that the site is fit for human occupation

 

(23)                    Junctions

That no development shall take place unless there has been submitted to (by way of MSC applications) details as follows:

a)     Plans including layout plans and details of levels, of the junction of the proposed link road onto Inchgarth Road, including replacement provision for access to land to the south where necessary as a result of the development;

b)     Plans including layout plans and details of levels of the junction of the proposed link road with North Deeside Road.

Reason: In the interests of road safety

 

(24)                   Surface Water Drainage

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 by way of an approval of matters specified by condition consent. This shall include how surface water run-off shall be addressed during construction, as well as incorporating the principles of pollution prevention and mitigation measures. Thereafter works shall take place in complete accordance with the details and measures as so approved and no individual phase of the development shall be occupied unless the drainage for that phase 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.

 

(25)                   Soil conditions

That no development shall take place unless there has been submitted to (by way of MSC applications) and approved in writing by the planning authority:

a)     Assessment of soil conditions and if peat is found a Peat Management plan, which includes depth, details of avoidance and appropriate reuse;

b)     Site Waste Management Plan; and,

c)     Japanese Knotweed Management Plan

 

Thereafter the development shall not be occupied unless the on-going measures within such plans have been implemented in full and carried out in complete accordance with the plans as so agreed.

 

Reason: in the interests of preventing pollution and preserving peat.

 

(26)                   Radon

That development shall take place fully in accordance with the conclusions and any mitigation measures identified in a report on the presence of radon on site, that has been submitted to (by way of MSC application) and approved in writing by the planning authority.

 

Reason: In the interests of the safety of future residents, and as the presence of radon to the south of the site is noted in the application submissions.

 

 

 

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

           That the application be refused.

 

On a division, there voted:- for the motion (7) - the Convener, the Vice Convener and Councillors Allan, Copland, Henrickson, MacKenzie and Mailk; for the amendment (2) – Councillors Cooke and Greig.

 

The Committee resolved:-

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

-         Councillor Marie Boulton, Convener