Agenda item

Planning Reference – 200833

 

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Planning Officer:  Alex Ferguson

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

 

That there be willingness to approve the application subject to conditions and Legal Agreement to secure onsite affordable housing, restrict the tenure of the development to the private rented sector and to secure developer obligations towards the Car Club, Core Path Network, Secondary Education, Healthcare Facilities and Open Space.  The application was for detailed planning permission for the redevelopment including the change of use and extension of the existing building to a mixed use unit which accommodated 50 residential units, co-working office space and cafe/bar and the erection of commercial unit to accommodate co-working and makers' space and a gym and associated works, at Alba Gate, Stoneywood Park Aberdeen.

 

Conditions

 

(1) SINGLE PLANNING UNIT

 

The development shall form a single planning unit and excepting the affordable housing units, none of the residential units of the development shall be sold separately from the others.

 

Reason: In the interests of ensuring the provision of adequate amenity for all residents

 

(2) COMMUNAL FACILITIES

 

No residential unit shall be occupied unless the café/bar, gymnasium, co-working space and all internal and external communal amenity spaces shown on approved drawings PL(00)001H and PL(04)002I have been completed and are available for use by all residents.

 

Reason: In the interests of ensuring the provision of adequate amenity for all residents.

 

(3) MANAGEMENT PLAN

 

The development shall not be occupied unless a Management Plan detailing how all commercial and communal facilities (including café/bar, gymnasium, co-working space and communal amenity areas) would be provided and maintained for the benefit of the occupants of the residential units has been submitted to and agreed in writing by the Planning Authority and thereafter implemented.

 

Reason: in the interests of ensuring the provision of adequate amenity for all residents in perpetuity.

 

(4) RESTRICTION ON USE

 

That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) or the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended) no part of the proposed development shall be used for a purpose within Use Class 5 (General Industrial) without an express grant of planning permission from the Planning Authority.

 

Reason: To enable the Planning Authority to consider the implications of any subsequent change of use on the amenities of the area.

 

(5) NOISE IMPACT ASSESSMENT MITIGATION

 

No residential unit shall be occupied, nor the commercial uses operated, unless the mitigation measures recommended in the hereby approved Noise Impact Assessments (Sandy Brown, 30 July 2020, 20243-R01-D and Sandy Brown, 16 November 2020, 20243-R02-A) have been implemented in full (with the exception of the installation of an acoustic fence along the site’s western boundary), unless otherwise agreed in writing by the Council as planning authority.

 

Reason: in order to preserve the amenity of existing residential properties and to ensure an adequate level of amenity for new residential properties.

 

(6) FURTHER NOISE IMPACT ASSESSMENT

 

No residential unit shall be occupied, nor any commercial use operated, unless a further Noise Impact Assessment containing the following has been submitted to and approved in writing by the Planning Authority:

 

·       An assessment of the impact of the noise emissions from any plant and mechanical ventilation systems required in the development; and

·       An assessment of the impact of noise emissions from the activities associated to the café/bar use within the main building, including noise from patrons.

 

Any mitigation measures recommended in the Noise Impact Assessment required to ensure a satisfactory level of amenity for the new residential units and to preserve the amenity of the existing, neighbouring residential properties, shall be implemented in full prior to the occupation of the residential units.

 

Reason: in order to preserve the amenity of existing residential properties and to ensure an adequate level of amenity for new properties.

 

(7) EXTERNAL FINISHING MATERIALS

 

No development associated with the external finishing materials of any building shall take place for unless a scheme detailing all external finishing materials to the roof and walls of the proposed buildings (including samples) has been submitted to and approved in writing by the planning authority. Thereafter the development shall be finished in complete accordance with the approved scheme unless a written variation has been approved by the planning authority.

 

Reason - In the interests of visual amenity.

 

(8) PROVISION OF ACCESS ROAD AND CAR PARKING

 

No residential or commercial use shall be occupied unless the vehicular access, internal road and all car parking has been constructed, drained, laid-out and demarcated and is available for use in accordance with approved drawing Site Plan drawing PL(90)001 REV L, or such other drawing as may subsequently be submitted to and agreed in writing by the planning authority. Details of the materials, including samples where appropriate, to be used for the access road and car parking areas, shall be submitted to and agreed in writing with the Council, as planning authority and thereafter the works shall be carried out in accordance with the agreed details.

 

Reason - in the interests of public safety, provision of adequate car parking and the free flow of traffic.

 

(9) EV CHARGE POINTS

 

No residential or commercial use shall be occupied until such time as full details of the active Electric Vehicle (EV) charging points have been submitted to and agreed in writing by the Council as planning authority, along with a phasing plan setting out the timescales for their installation. Thereafter the works shall be implemented in accordance with the agreed details and phasing plan. All other spaces shall be fitted with passive EV provision prior to occupation of the development.

 

Reason: in the interests of promoting and encouraging sustainable travel.

 

(10) CAR CLUB CARS

 

The development shall not be occupied unless two Car Club cars and any associated infrastructure, as indicatively shown on approveddrawing PL(90)001 REV L, have been installed and made available for use.

 

Reason: in the interests of promoting and encouraging sustainable travel and mitigating for a shortfall in car parking spaces within the development.

 

(11) CYCLE PARKING

 

No residential or commercial use shall be occupied unless full details of the proposed cycle parking facilities indicatively shown on approved drawing PL(90)001 REV L have been submitted to and agreed in writing by the Council as planning authority and thereafter the cycle stores have been constructed and are available for use.

 

Reason - in order to encourage cycling as an alternative and sustainable mode of travel.

 

(12) DRAINAGE

 

The site shall be drained in accordance with the details and measures outlined in the hereby approved Drainage Impact Assessment (Cameron and Ross, July 2020, X200507-CAM-ZZ-XX-RP-C-001 Rev A), or similar proposals as may be agreed in writing with the Council as planning authority.

 

Reason – in the interests of ensuring the site is adequately drained.

 

(13) WASTE MANAGEMENT & BIN STORES

 

No residential or commercial use shall be occupied unless a waste management plan for the development, setting out how all waste generated on the site would be adequately stored and collected, and details of the bin store structures have been submitted to and agreed in writing by the Planning Authority. Thereafter the approved waste management plan shall be implemented and the waste storage areas shown on approved drawing PL(90)001 REV L, or similar as has been agreed in writing with the Planning Authority, shall be provided prior to the occupation of the development.

 

Reason - In order to ensure suitable waste storage facilities are available for residents and the commercial uses and to protect public health.

 

(14) COOKING RESTRICTIONS

 

No cooking or frying operations (including, but not limited to: deep fat frying, shallow frying, oven cooking, boiling, stewing, grilling or broiling) shall be carried out within the ground floor commercial café/bar use unless full details of suitable local extract ventilation equipment, capable of filtering and dispersing cooking fumes without harm to amenity, have been submitted to, and agreed in writing by the Planning Authority and that equipment has thereafter been installed in accordance with the approved details.

 

Reason: in order to protect the amenity of neighbouring uses from cooking odours.

 

(15) BIRD HAZARD MANAGEMENT PLAN

 

Development shall not commence until a Bird Hazard Management Plan has been submitted to and approved in writing by the Planning Authority, in consultation with Aberdeen Airport. The submitted plan shall include details of:

 

·       Management of any flat/shallow pitched/green roofs on buildings within the site which may be attractive to nesting, roosting and “loafing” birds. The management plan shall comply with Advice Note 3 – Wildlife Hazards (available at https://www.aoa.org.uk/policy-campaigns/operations-safety/ )

 

The Bird Hazard Management Plan shall be implemented as approved, on completion of the development and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport.

 

Reason: In order to minimise the site’s attractiveness to birds which could endanger the safe movement of aircraft and the operation of Aberdeen Airport.

 

(16) LANDSCAPING – IMPACT ON AIRCRAFT SAFETY

 

No development shall take place until full details of soft and water landscaping works have been submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport. Details must comply with Advice Note 3 – Wildlife Hazards (available at https://www.aoa.org.uk/policy-campaigns/operations-safety/). These details shall include:

 

·       the species, number and spacing of trees and shrubs

 

No subsequent alterations to the approved landscaping scheme are to take place unless submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport. The scheme shall be implemented as approved.

 

Reason: To avoid endangering the safe movement of aircraft and the operation of Aberdeen Airport through the attraction of birds and an increase in the bird hazard risk of the application site.

 

(17) EXTERNAL LIGHTING

 

No development shall take place unless details of all new external lighting proposed for the site has been submitted to and approved in writing by the planning authority. Thereafter the external lighting shall be implemented in accordance with the approved details.

 

Reason – to ensure that the site would be adequately lit at night in the interest of safety, and without detriment to the amenity of any existing or proposed residential properties.

 

(18) SOFT LANDSCAPING SCHEME

 

No works in connection with the development hereby approved shall take place unless a scheme of soft landscaping works has been submitted to and approved in writing by the Planning Authority.

 

Details of the scheme shall include:  

 

(i)        Existing landscape features and vegetation to be retained;

(ii)       The location of new trees, shrubs, hedges and grassed areas;

(iii)      A schedule of planting to comprise species, plant sizes and proposed numbers and density;

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

(v)       A programme for the completion and subsequent maintenance of the proposed landscaping.

 

All 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.

 

In addition, 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 areas within the development shall be submitted for the further written approval of the Planning Authority. 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 adequate replacement tree planting is secured to mitigate the loss of existing trees on the site.

 

(19) TREE PROTECTION

 

All construction works in close proximity to existing trees to be retained shall take place in full accordance with the protective measures noted in paragraph 4.3(Tree Protection Barriers) of the approved Tree Survey (Struan Dalgleish Arboriculture, June 2020).

 

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

 

(20) CONSTRUCTION ENVIRONMENT MANAGEMENT PLAN (CEMP)

 

No development (including site stripping, service provision or establishment of site compounds) associated to the construction of the new commercial building as shown on approved Site Plan drawing PL(90)001 REV L shall take place unless a site specific construction environment management plan (CEMP) for that particular part of the site has been submitted to and approved in writing by the planning authority. The CEMP shall detail measures for ensuring that the root protection areas and canopies of all trees in the neighbouring site to the east would not be adversely affected by the works. Thereafter development shall be undertaken in accordance with the approved CEMP.

 

Reason – to minimise the impacts of the construction works on the protected trees within the neighbouring site.

 

(21) BOUNDARIES

 

No residential unit shall be occupied unless a scheme of boundary enclosures for the private garden areas (including elevations, sections and proposed materials for all  boundaries, fences and walls) has been submitted to and approved in writing by the planning authority. Thereafter no unit shall be occupied unless the approved scheme has been implemented.

 

Reason - in order to create a suitable residential and visual amenity.

 

(22) RESIDENTIAL TRAVEL PACK

 

No unit shall be occupied unless details of a residential travel pack to be provided to the occupants of each unit have been submitted to and approved in writing by the planning authority. Each residential travel pack shall identify details of different travel options available in the area in order to discourage the use of the private car. The approved travel pack shall be supplied to the occupants of every residential unit on occupation. Each Travel Pack shall identify measures to be implemented in order to discourage the use of the private car as well as the duration of the plan, system of management, monitoring, review and reporting and thereafter shall be implemented as approved.

 

Reason – in order to reduce dependency on the private car for travel.

 

(23) WATER EFFICENCY

 

No development shall take place associated to the new commercial building unless a water efficiency statement for that building has been submitted to and approved in writing by the planning authority. The statement should take into account 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 so as to achieve BREEAM level 5 for non-domestic buildings. Thereafter the approved measures shall be implemented in the construction of the development.

 

Reason – in order to help minimise water abstraction from the River Dee.

 

(24) LOW AND ZERO CARBON BUILDINGS

 

No development associated to the new commercial building shall take place unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance for the buildings within that particular phase or block has been submitted to and approved in writing by the planning authority. Thereafter, the new building shall not be occupied unless the approved measures have been implemented in full and are available for use.

 

Reason – in order to ensure that the development complies with the 'Low and Zero Carbon Buildings' Supplementary Guidance.

 

(25) CONTAMINATED LAND ASSESSMENT

 

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; and

4)          Verification protocols to demonstrate compliance with the remediation plan.

 

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

 

(26) CONTAMINATED LAND – REMEDIATION

 

No building 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 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

 

(27) BUS STOP UPGRADE

 

No residential or commercial use shall be occupied unless details of a scheme for the upgrade of the bus stop nearest to the site on Stoneywood Road has been submitted to and agreed in writing by the Planning Authority and the works have thereafter been carried out in accordance with the agreed scheme.

 

Reason: in order to upgrade the existing sub-standard bus stop to an acceptable standard, to encourage the use of sustainable (public) modes of transport

 

(28) FULL FIBRE BROADBAND

 

No unit shall be occupied unless a scheme for the provision of a full fibre broadband connection to each flat has been submitted to and approved in writing by the planning authority. Thereafter the scheme shall be implemented as approved and all flats provided with a full fibre broadband connection.

 

Reason – in order to provide all flats with access to high-speed communications infrastructure, in accordance with the requirements of Policy CI1 (Digital Infrastructure) of the Aberdeen Local Development Plan.

 

(29) BALCONY AND ROOF TERRACE SCREENING

 

Flats 01-11, 01-12 and 02-07 as shown on approved drawings PL(00)002I & PL(00)003I shall not be occupied unless a scheme for the erection of privacy screening to the southern edges of the associated balconies and roof terrace respectively has been submitted to and agreed in writing by the Planning Authority and the agreed works have been implemented prior to occupation. Thereafter the flats shall not be occupied unless the agreed screening is in place.

 

Reason: in order to protect the privacy of the existing neighbouring dwelling to the south.

 

The Committee heard from Alex Ferguson, Planner, who spoke in furtherance of the application and answered various questions from members.

 

The Committee resolved:-

to approve the application.