Agenda item

Planning Reference – 210140

 

All documents associated with this application can be found at the following link:-

Link.

 

Planning Officer:  Jane Forbes

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 change of use to class 3 (food and drink) with an outdoor seating area including alterations to a shop front, re-cladding, installation of doors, rooflights and roof repairs with associated works, at the former Cults Railway Station, Station Road Cults Aberdeen, be approved subject to the following conditions:-

 

Conditions

 

1.     NOISE  & ODOUR MITIGATION

 

That the use hereby approved shall not take place unless all mitigation measures recommended in the approved Noise & Odour Impact Assessment (Reference: Proposal Number 151120b, Revision 2, Date 22-01-21) have been implemented in full. These must include:

 

1.     The noise insulation measures detailed within section 3.6 and the related Appendix C – ‘Wall and Roof Construction Detail’ 

2.     The noise and odour control measures detailed within section 6.2 and the related Appendix A (A4 to A5) – ‘Kitchen Extraction System Details’

3.     That the outdoor customer seating areas as identified on approved drawing Site Plan 1008 – 1010 Rev C shall have a maximum capacity of 68 people as detailed within section 4.11 of the approved Noise & Odour Impact Assessment (Reference: Proposal Number 151120b, Revision 2, Date 22-01-21), and at no time shall that capacity be exceeded

 

Thereafter the mitigation measures, or similar as may be agreed in writing with the Planning Authority, shall remain in place for the duration of the use.

 

Reason: In order to preserve the amenity of neighbouring properties from noise and odour emissions associated to the proposed use.

 

2.     OPERATIONAL HOURS

 

That the use hereby approved shall not operate outwith the hours of Sunday to Thursday from 08:00 to 23:00 hours and Friday to Saturday from 08:00 to 23:30 hours for the internal space, and outwith the hours of Sunday to Thursday from 8:00 to 20:00 hours and Friday to Saturday from 08:00 to 21:30 hours for the outdoor space.

 

Reason: In order to preserve the amenity of neighbouring properties. 

 

3.     WASTE MANAGEMENT

 

That the use hereby approved shall not take place unless a waste management plan for the site has been submitted to and agreed in writing by the planning authority, including detail on the provision of external litter bins for customer waste during hours of operation, and the approved waste management plan fully implemented in accordance with the agreed details and remaining in place for the duration of the use.

 

Reason - In order to ensure suitable waste storage and collection arrangements are in place, including appropriate facilities for customers and to protect public health and the amenity of the area.

 

4.     ELECTRIC VEHICLE CHARGING POINTS

 

That prior to development commencing on site, details of the type of electric vehicle charging station to be installed in association with the 2 EV car parking spaces identified on approved drawing Site Plan 1008 – 1010 Rev C have been submitted to and approved in writing by the planning authority, and thereafter the charging station is installed in accordance with the agreed detail prior to the use hereby approved commencing. 

 

Reason:  In order to encourage the use of electric vehicles.

 

5.     BUS STOP UPGRADE

 

That the use hereby approved shall not take place unless works for the upgrading of the westbound bus stop nearest to the site on North Deeside Road as detailed on approved drawing no 140788/SK1002 Rev B (Fairhurst), or such other drawing as may subsequently be submitted to and agreed in writing by the planning authority, have been implemented in full and in accordance with the agreed scheme.

 

Reason: In order to upgrade the existing sub-standard bus stop to an acceptable standard and encourage the use of public transport as a sustainable mode of travel.

 

6.     PEDESTRIAN/VEHICLE ACCESS UPGRADES

 

That the use hereby approved shall not take place unless works for the upgrading of the pedestrian and vehicle access to the site along Station Road as detailed on approved drawings no 140788/SK1002 Rev B (Fairhurst) and 1008-1011 Rev A, or such other drawings as may subsequently be submitted to and agreed in writing by the planning authority, have been implemented in full and in accordance with the agreed scheme.

 

Reason: In order to provide an appropriate standard of pedestrian access to the site and encourage the use of alternative and sustainable modes of travel.

 

7.     CAR PARKING

 

That the use hereby approved shall not take place unless all car parking has been constructed, drained, laid-out and demarcated and is available for use in accordance with approved drawing Site Plan 1008 – 1010 Rev C, or such other drawing as may subsequently be submitted to and agreed in writing by the planning authority.

 

Reason:  In the interests of public safety and provision of adequate car parking and the free flow of traffic.

 

8.     CYCLE PARKING

 

That the use hereby approved shall not take place unless full details of all cycle parking facilities indicated on approved drawing Site Plan 1008 – 1010 Rev C have been submitted to and agreed in writing by the Council as planning authority and thereafter constructed and available for use in full accordance with such approved details. 

 

Reason: In order to encourage cycling as an alternative and sustainable mode of travel.

 

9.     STAFF TRAVEL PLAN

 

That the use hereby approved shall not take place unless full details of a staff travel plan to include information on the accessibility of the site in terms of walking, cycling, and public transport have been submitted to and agreed in writing by the planning authority and thereafter the travel plan is displayed/distributed to all staff members in accordance with the approved details. 

 

Reason:  In order to encourage the use of alternative and sustainable modes of travel.

 

10. EXTERNAL LIGHTING

 

That no development shall take place unless full 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.

 

11.LANDSCAPING SCHEME

 

All landscaping shall be carried out in accordance with the approved scheme (as shown on approved drawing Ref No CRS-2106-LS, dated 25.6.21) and shall be completed during the planting season immediately following the commencement of the development or as otherwise 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.

 

The use shall not take place unless the management and maintenance of the landscaping as shown on approved drawing Ref No CRS-2106-LS, dated 25.6.21, is being implemented.

 

Reason: To ensure a satisfactory scheme of landscaping which integrates with the proposed development and local landscape in the interests of the visual amenity of the area.

 

12.GLAZING

 

That the use hereby approved shall not take place unless the full height windows on the west elevation of the property are fitted with full height obscure glazing, at a minimum obscuration rating of 3.  

 

Reason:  In the interests of protecting the privacy of neighbouring properties.

 

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

 

The Convener moved, seconded by Councillor Greig:-

that the Committee refuse the application for the following reasons:-

 

1.     The proposal would result in a scale of development that would be excessive for the site, constituting overdevelopment and intensification in the use of the site that would introduce additional noise and disturbance to the area especially in the evening and in relation to the introduction of outdoor seating, food serving van and play area. The proposal is, therefore, considered to be contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan in that it would not be complementary to residential use and in as far as it would conflict with, and result in nuisance to, the enjoyment of existing nearby residential amenity.

2. The proposed development would create a pedestrian safety hazard in that there would be no direct, safe and segregated footway access to the site from the main residential community of Cults and public transport on North Deeside Road. The proposal would, therefore, be contrary to Policy T3 (Sustainable and Active Travel) of the Aberdeen Local Development Plan which specifies that development must be accessible by a range of transport modes, with an emphasis on active and sustainable transport, and that links between residential, employment, recreation and other facilities must be protected or improved for non-motorised transport users, making it quick, convenient and safe for people to travel by walking and cycling.

 

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

that the application be approved conditionally in line with the recommendation. 

 

On a division there voted, for the motion (7) – the Convener, the Vice Convener and Councillors Allan, Copland, Greig, MacKenzie and Malik – for the amendment (2) – Councillors Cooke and Cormie.

 

The Committee resolved:-

to adopt the motion and therefore refuse the application.