Agenda item

Planning Reference – 210665

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Planning Officer:  Gavin Clark

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

That the application for detailed planning permission for the erection of an energy storage facility with associated works at the site at Farburn Place, Dyce Aberdeen, be approved subject to the following conditions:-

Conditions

1.     That in the event that any battery installed and commissioned fails to commercially operate as intended for a continuous period of six-months and there is no plan in place to bring the battery in to operation within a further period of six-months, then unless agreed in writing with the Planning Authority, the facility will deemed to have ceased to be required. If deemed to have ceased to be required, the battery, battery storage container and its ancillary equipment will be dismantled and removed from the site, with the cells being appropriately disposed and/ or recycled/ re-purposed, and the ground being re-instated to the specification and satisfaction of the Planning Authority by the operator within the following three-month period.

Reason: to ensure that any redundant facilities are removed from the site, in the interests of safety, amenity and environmental protection.

2.     That in the event of the development hereby approved not operating on a commercial basis to the grid network for a continuous period of 12 months, the company must immediately notify the Planning Authority in writing of the situation and shall, if directed by the Planning Authority decommission the development and reinstate the site to the specification and satisfaction of the Planning Authority.  The Planning Authority shall have due regard to the circumstances surrounding the failure to store electricity.

Reason: to ensure the decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration of the site. In the interests of safety, amenity and environmental protection.

3.     No development shall commence unless and until full details of the proposed battery storage containers (and ancillary infrastructure) hereby permitted has been submitted to and approved in writing by the Planning Authority. These details shall include: (a) design, power rating, sound power level modelled at the most sensitive receptor deviating from the Noise Impact Assessment accompanying the application), layout and dimensions of the battery storage containers (and ancillary infrastructure) and the metering building to be installed and (b) the external colour and/ or finish of the battery storage containers (and ancillary infrastructure). Thereafter, the battery storage containers and associated infrastructure shall be installed and operate in accordance with these approved details and maintained in the approved colours, free from rust, staining or discolouration until such time as the development is decommissioned. All cables between the battery storage containers, metering building and any point of connection to the public network shall be installed and kept underground.

Reason: to ensure the Planning Authority is aware of the development details and to protect the visual amenity of the area.

4.     That no development shall commence until details of the final drainage design has been submitted to and approved in writing by the Planning Authority. The development shall be constructed in accordance with the approved details and thereafter maintained in perpetuity.

Reason: in order to ensure that the site is adequately drained.

5.        That no development shall take place 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:

a) an investigation to determine the nature and extent of contamination,

b) a site-specific risk assessment,

c) a remediation plan to address any significant risks and ensure the site is fit for the use proposed.

The development hereby approved shall not be brought into use unless:

a)    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

b)    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 development hereby approved shall not be brought into use unless a report has been submitted and approved in writing by the planning authority 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.

6.     That the development hereby approved shall not be occupied unless the noise mitigation measures have been installed in accordance with the conclusions and recommendations set out in the approved Noise Impact Assessment (CSP Acoustics Ref: 1584 001 JT V1.1 dated 7th May 2021), unless otherwise agreed in writing with the Planning Authority on the basis of an updated assessment. Once installed the mitigation measures shall be retained in perpetuity, unless otherwise agreed in writing by the Planning Authority.

Reason: in the interests of residential amenity.

7.        That no works in connection with the development hereby approved shall take place unless a scheme of hard and 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, grassed areas and water features].  - Delete as appropriate.

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

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

(v)             An indication of existing trees, shrubs and hedges to be removed.

(vi)           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.

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 and open space 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 the landscaping is managed and maintained in perpetuity.

8.        That prior to the commencement of development, the Fire Safety Management Procedure shall be submitted to, and agreed in writing by the Planning Authority. Thereafter the plan shall be implemented and retained in perpetuity, unless otherwise agreed in writing by the Planning Authority.

Reason: in the interests of fire safety and in the amenity of the surrounding area.

9.        That no development to which this planning permission relates shall take place unless a scheme in relation to the specification and colouring and final details of the proposed boundary treatments, including the proposed acoustic fencing has been submitted to and approved in writing by the Planning Authority and the development shall not be occupied unless the approved scheme has been implemented in its entirety.

Reason: In order to preserve the amenity of the area.

10.      That the development hereby approved shall not be occupied unless the car parking areas, accesses and associated areas of hardstanding hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing No. 11641-0009-09 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 - in the interests of public safety and the free flow of traffic.

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

The Committee resolved:-

to approve the recommendation and therefore approve the application conditionally.