Agenda item

Planning Reference – 191904

 

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Link.

 

Planning Officer:  Gavin Evans

 

 

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

 

That there be a willingness to approve the application subject to conditions and subject to conclusion of a legal agreement securing payment of developer obligations and ensuring that the development delivers a minimum of 25% as affordable housing.  The application is for planning permission in principle for the erection of a residential led, mixed use development of around 100 to 150 units (mix of house types and flats), including facilities consisting of up to 500 sqm of commercial floorspace (within classes 1(shops), 2(financial, professional and other services) and/or class 3(food and drink)) with associated works at Silverburn House, Claymore Drive Aberdeen, 191904.

 

Conditions

 

1.     Phasing

 

No development pursuant to this grant of planning permission shall be undertaken 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 and/or commercial use to meet the local need generated by the new residential development.

 

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, including junction design and trigger points for delivery;

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;

k)     Details of the layout, siting, design, materials and finishes of all residential and non-residential buildings; and

l)       Details of waste/recycling collection points, for residential and non-residential properties, including swepth-path analysis of refuse collection vehicles.

 

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, arboricultural impact assessment and tree protection plan (undertaken to BS5837:2012);

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

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

k)     Specific details for the planting of trees within and adjacent to hard 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.

 

Reason: in the interests of protecting trees and ensuring a satisfactory quality of environment.

 

4.     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.

 

5.     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.

 

6.     Historic drainage infrastructure

 

No development pursuant to this grant of planning permission shall commence unless a scheme for the treatment/decommissioning/removal of historic site drainage infrastructure has first been submitted to and approved in writing by the planning authority, in consultation with SEPA. Thereafter, development shall not be undertaken other than in full accordance with the scheme so agreed.

 

Reason: to prevent the abandonment of waste on site and pollution of the environment.

 

7.     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 watercourses within the site. 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.

 

 

 

 

8.     De-culverting and realignment of Silver Burn

 

No development pursuant to this grant of planning permission shall be undertaken unless a detailed scheme for the protection and enhancement of the water environment has first been 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 and enhance the water environment and to prevent an increase in flood risk.

 

9.     Flood Risk Assessment

 

No development pursuant to this grant of planning permission shall be undertaken unless a Level 2 Flood Risk Assessment has been submitted to and approved in writing by the planning authority, in consultation with SEPA. Any such submission shall include the following information: a) confirmation of the functional floodplain, including with the addition of climate change, of the (realigned) burn (illustrated on a Site Plan); b) a development layout which avoids the functional floodplain, including with the addition of climate change; c) demonstration that there is no increased flood risk off-site resulting from the realigned channel compared to the existing (baseline) scenario to be agreed by the Planning Authority in consultation with SEPA. Thereafter, development shall not be undertaken other than in accordance with any agreed submissions.

 

Reason: In order to protect people and buildings from flooding.

 

10.Environmental Enhancements

 

No development pursuant to this grant of planning permission shall be undertaken unless a scheme of environmental enhancements, including reference to those listed in paras 5.2 and 5.3 of SEPA’s consultation response dated 11th Feb 2020, has been submitted to and approved in writing by the planning authority in consultation with the Scottish Environment Protection Agency. Once approved the scheme shall be implemented in full.

 

Reason: To ensure the offset of environmental impacts and contribute to and enhance the natural environment and support Policy D1 - Quality Placemaking by Design.

 

11.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.

 

12.Street Design, Car Parking etc.

 

No development pursuant to this grant of planning permission shall be undertaken unless details of the proposed street design, which shall contain but not be limited to: a parking strategy (including provision for accessible spaces, motorcycle and bicycle spaces and Electric Vehicle charging points and infrastructure); road geometry, dimensions and swept-path analysis; road junctions and visibility splays; traffic calming measures; footway and 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.

 

13.Pedestrian Crossing at Parkway East

 

No buildings within the development may be occupied unless a ‘toucan’ crossing has been provided across Parkway East, in accordance with a scheme which has first been submitted to and approved in writing by the planning authority.

 

Reason: to ensure that the site has appropriate pedestrian infrastructure to allow connection to local schools, 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.

 

14.Traffic Regulation Orders

 

No buildings within the development hereby approved shall be occupied unless 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 during school travel times.

 

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

 

15.Bus Stops

 

That no residential units shall be occupied unless existing bus stops on Parkway East have been upgraded 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.

 

16.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.

 

17.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.

 

18.Noise Assessment and Mitigation Measures

 

No development pursuant to this grant of planning permission shall be undertaken unless a further noise assessment, based on the final design and layout approved 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 the development shall be occupied unless the approved mitigation measures for that unit have been implemented in full.

 

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

 

 

 

 

19.Dust Risk Assessment and Management Plan

 

No development pursuant to this grant of planning permission shall be undertaken 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.

 

20.Commercial floorspace

 

The commercial units hereby approved shall not exceed a total of 500sqm in gross floor area, and shall be used not be used for purposes other than those falling within classes 1 (shops), 2 (financial and professional services) or 3 (food and drink). No unit shall be occupied for purposes within Class 3 (food and drink) unless a scheme comprising the following has been submitted to and approved in writing by the planning authority:

a)    A suitable extract ventilation assessment in line with relevant guidance for example, the EMAQ guidance document ‘The Control of Odour and Noise from Commercial Kitchen Exhaust Systems’ (or equivalent) and associated references, by a competent person must be carried out. This assessment must ascertain the predicted impacts of odour associated with the specific type and level of cooking activities to be undertaken and fully demonstrate the effectiveness of any proposed mitigation measures to; filter, neutralise, extract and disperse cooking fumes produced at the premises. A suitable report detailing this assessment and its findings must be submitted and approved by the Environmental Health Service.

b)    A Noise Impact Assessment by a suitably qualified noise consultant to ascertain the predicted impacts of noise associated with the system and fully demonstrate the effectiveness of any noise controls. The methodology for such an assessment must be agreed with this Service. Details of this assessment and its findings must be submitted for review, in the form of a suitable report to the satisfaction of this Service. This assessment should:

                 i.          Be in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note.

                ii.          Identify the noise sources associated with the proposed development and their impact on neighbouring properties.

              iii.          Detail the noise mitigation measures to reduce noise from the proposed noise sources to an acceptable level to reasonably protect the amenity of the occupants of neighbouring properties.

 

Reason: In order to ensure that retail and commercial floorspace is of a local scale and to safeguard amenity within upper floor residential units.

 

21.Contaminated Land (A)

 

No development pursuant to this grant of planning permission shall be undertaken 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.

 

22.Contaminated Land (B)

 

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 approval 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.

 

23.Carbon 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.

 

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

 

The Committee resolved:-

to approve the recommendation and therefore agree? there be a willingness to approve subject to conditions and subject to conclusion of a legal agreement securing payment of developer obligations and ensuring that the development delivers a minimum of 25% as affordable housing.