Agenda item

Planning Reference – 200659

 

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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 detailed planning permission for the erection of Class 1 (shops), retail unit with associated car parking, access, landscaping and associated works at land at Counteswells Road Aberdeen, be approved conditionally with a legal agreement. 

 

Conditions

 

1.     MATERIALS/FINISHES

 

That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved (including a physical sample board) 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 and to ensure compliance with policy D1 (Quality Placemaking by Design) of the Aberdeen Local Development Plan.

 

2.     CONVENIENCE FLOORSPACE

 

No more than 25% of the net sales floorspace of the store hereby approved shall be dedicated to the sale and display of comparison goods.

 

Reason: In order to ensure that the store is principally meeting the convenience needs of the local community and to ensure compliance with policy NC4 (Sequential Approach and Impact) of the Aberdeen Local Development Plan.

 

3.     DELIVERY TIMES

 

No deliveries shall be made to the store hereby approved outwith the hours from 06.00 and 22.00

 

Reason: In order to protect the residential amenity of those resident in the surrounding area.

 

4.     DEPOSIT RETURN SCHEME (DRS) HOURS OF USE

 

The Deposit Return Scheme (DRS) approved as part of this proposal shall not be made available for use outwith store opening hours.

 

Reason: In order to protect nearby residents from adverse noise impact.

 

5.     CONNECTION TO PUBLIC SEWER

 

That the store hereby approved shall not be brought into use unless connection has been made to the public sewer system.

 

Reason: In order to ensure compliance with policy NE6 (Flooding, Drainage and Water Quality) of the Aberdeen Local Development Plan, which does not permit connection to private wastewater systems in sewered areas.

 

6.     SURFACE WATER DISCHARGE

 

That the store hereby approved shall not be brought into use unless a scheme detailing appropriate surface water drainage arrangements has been submitted to and agreed in writing by the planning authority, in consultation with ACC’s Structures, Flooding and Coastal Engineering Team, and subsequently implemented, all prior to first occupation of the building.

 

Reason: In order to ensure compliance with policy NE6 (Flooding, Drainage and Water Quality) of the Aberdeen Local Development Plan and to ensure that surface water is dealt with in the most appropriate way.

 

7.     ARBORICULTURAL CONSTRUCTION METHOD STATEMENT

 

No development pursuant to this grant of planning permission shall be undertaken until such time as a detailed Arboricultural Construction Method Statement, which includes details of construction access, vehicle movements, storage of materials and phasing as well as measures to avoid impact on the canopy of existing trees along the eastern boundary of the site, has first been submitted to and approved in writing by the planning authority. Thereafter, all works should be carried out in full accordance with the Method Statement so agreed.

 

Reason: In order to ensure that construction works do not adversely affect those trees to be retained along the eastern boundary of the site, the canopies of which are in close proximity to the north-eastern corner of the building.

 

8.     TREE PROTECTION

 

No development shall take place other than in accordance with the hereby approved scheme of tree protection (Donald Rodger Associates Ltd., Tree Proposals and Protection (TPP) Drawing no. 20472/1, within report dated July 2020) or such other TPP as has been submitted to and approved by the planning authority prior to commencement of works.

 

Reason: In order to secure adequate protection for all trees to be retained on the site during construction works and to ensure compliance with Policy NE5 (Trees and Woodlands) of the Aberdeen Local Development Plan.

 

9.     LANDSCAPING WORKS

 

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 order to ensure that the approved landscaping works are carried out at an appropriate time and to offset the impact of tree losses necessary for development to occur.

 

10.FURTHER ARBORICULTURAL WORKS

 

Any tree work not specified in the submitted ‘Tree Survey, Arboricultural Constraints and Arboricultural Implication Assessment’, dated July 2020, which appears to become necessary during the implementation of the development shall not be undertaken without the prior writtenconsent of the Planning Authority; any damage caused to trees growing on the site shall beremedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is first occupied.

 

Reason: In order to ensure that existing trees are appropriately retained and protected where practicable.

 

11.BOUNDARY ENCLOSURES

 

That the store hereby approved shall not be brought into use unless the boundary treatments shown on drawing SS_45_35_00-0001 REV P04 have been delivered in full accordance with that plan, or any such substitute as has been submitted to and approved in writing by the planning authority for that purpose.

 

Reason: To ensure that boundary enclosures of an appropriate design, scale and materials to the local context are provided prior to first occupation, and to ensure compliance with policy D1 (Quality Placemaking by Design) of the Aberdeen Local Development Plan.

 

12.EXTERNAL LIGHTING

 

No development pursuant to this grant of planning permission shall be undertaken unless a scheme of external lighting for the building and car park has first been submitted to and approved in writing by the planning authority. Thereafter, development shall be carried out in full accordance with the scheme so agreed.

 

Reason: In order to ensure that lighting for the development does not result in significant impact on the amenity afforded to neighbouring residents.

 

13.CAR PARKING

 

That the store hereby approved shall not be brought into use unless the approved areas of car parking have been constructed, drained, laid-out and demarcated in accordance with drawing No. Zz_70_60_00 0002 Rev-P07 of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority. Such areas shall not thereafter be used for any other purpose other than the purpose of the parking of cars ancillary to the development and use thereby granted approval.

 

Reason: in the interests of public safety and the free flow of traffic, and to ensure compliance with policy T2 (Managing the Transport Impact of Development) of the Aberdeen Local Development Plan and the associated ‘Transport and Accessibility’ Supplementary Guidance.

 

14.ELECTRIC VEHICLE (EV) SPACES AND INFRASTRUCTURE

 

That the development hereby granted planning permission shall not be occupied unless Electric Vehicle spaces and associated infrastructure has been constructed, drained, laid-out and demarcated as shown on the approved site plan drawing No. Zz_70_60_00 0002 Rev-P07.

 

Reason: in order to promote the decarbonisation of road transport and to ensure compliance with the Council’s ‘Transport and Accessibility’ Supplementary Guidance.

 

15.CYCLE PARKING (SHORT AND LONG STAY)

 

That the development hereby granted planning permission shall not be brought into use unless the cycle storage facilities as shown on drawing no. Zz_70_60_00 0002 Rev-P07 have been fully installed and made available for use.

 

Reason: in the interests of encouraging sustainable travel, as required by policy T3 (Sustainable and Active Travel).

 

16.CARBON REDUCTION AND WATER EFFICIENCY

 

The building hereby granted planning permission shall not be occupied unless an Energy Statement and Water Efficiency Statement applicable to that building has been submitted to and approved in writing by the planning authority, and thereafter any measures agreed within that submission have been implemented in full.  The Energy Statement shall include the following items:

·        Full details of the proposed energy efficiency measures and/or renewable technologies to be incorporated into the development;

·        Calculations using the SAP or SBEM methods which demonstrate that the reduction in carbon dioxide emissions rates for the development, arising from the measures proposed, will enable the development to comply with Policy R7 of the Aberdeen Local Development Plan 2017.

 

The Water Efficiency Statement shall include details of all proposed water saving technologies and techniques, along with evidence that the required BREEAM standard has been achieved.

 

Reason: to ensure this development complies with the on-site carbon reductions required in Scottish Planning Policy and Policy R7 of the Aberdeen Local Development Plan 2017.

 

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

 

The Convener moved, seconded by Councillor Allan:-

That the application be approved in line with the recommendation contained in the report, with an extra condition (17) to read:-

“That in the event that any land drainage is encountered during excavations these drains will be diverted round any excavations that block their original line and redirected to their original outlet. Any groundwater spring which becomes evident during construction which cannot be controlled by existing land drains shall be captured and piped to the most appropriate watercourse. Reason - in the interests of ensuring adequate drainage for the site.”

 

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

           That the application be refused for the following reasons:-

1. In regards to the Pinewood and Hazledene Planning brief, the proposed retail development is considered to be contrary to D1 Quality Placemaking by Design in that the proposed retail development is considered to be out of scale to the residential development which it is intended to serve;
2. The proposed retail development is contrary to policy T2 Managing Transport Impact of Development by virtue of generating additional traffic which would create an adverse impact on existing residential amenity and road safety;
3. The proposed retail development is considered to be contrary to policy D2 in that Landscaping along Countesswells Road would not adequately mitigate the visual impact to the amenity; and
4. In regards to the Pinewood and Hazledene planning brief, the proposed retail development is considered to be contrary to NC1, NC2 and NC4 by virtue that the scale of development is more appropriately located within a regional local neighbourhood centre.

On a division, there voted:- for the motion (8) – the Convener, the Vice Convener and Councillors Allan, Cooke, Copland, Cormie, MacKenzie and Malik; for the amendment (1) – Councillor Greig.

 

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally.