Agenda item

Planning Reference – 210015

 

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

Link.

 

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 redevelopment of an existing site, including change of use to class 3 (food and drink) with the erection of two drive thru restaurants (sui generis) with associated infrastructure and car parking at Craigshaw House, Craigshaw Road Aberdeen, be approved subject to the following conditions:-

 

Conditions

 

1.     Land Contamination

That 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:

 

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; and

d)    verification protocols to demonstrate compliance with the remediation plan

 

No building(s) on the development site shall be occupied unless: 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 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(s) 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 fit for human occupation.

 

2.     Car Parking

That neither of the units hereby approved shall be brought into use unless the approved areas of car parking have been constructed, drained, laid-out and demarcated in accordance with drawing No. A-218848-PRO L001 T 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.

 

3.     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.A-218848-PRO L001 T.

 

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

 

4.     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. A-218848-PRO L001 T 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).

 

5.     Carbon Reduction and Water Efficiency

The building(s) 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; and

·       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.

 

6.     Noise Impact Assessment Compliance

That the units 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 (Envirocentre Ltd Reference: Document Number: 9658, project Number: 374689, 30 July 2021)These shall include, but not be restricted to the following measures contained within the Noise Impact Assessment:

 

A)    The plant installed does not exceed the noise emission levels used within the noise modelling, specifically the A Weighted Sound Power Levels detailed within Tables 5-1 and 5-2; and

B)    The octave band sound pressure levels from the plant do not exceed the ‘Proposed Specific Noise Level (internal)’ detailed within Figure 6-1 Night-time NR Assessment.

 

Once installed the mitigation measures shall be retained in perpetuity, unless otherwise agreed in writing with the Planning Authority.

 

Reason: in the interests of amenity.

 

7.     Odour Impact Assessment Compliance

That the units hereby approved shall not be occupied unless the odour mitigation measures have been installed in accordance with the conclusion and recommendations set out in the Odour Impact Assessment (Envirocentre Ltd Reference: Document Number: 9657, project Number: 374689, 30 August 2021). These shall include, but not be restricted to the following measures contained within the Odour Impact Assessment:

 

A)    Discharge of the extracted air not less than 1m above the roof ridge of any building within 20m of the building housing the commercial kitchen; and

B)    Application of any one of the four recommended odour mitigation solutions for high level odour control: 1. Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.2-0.4 second residence time). 2. Fine filtration or ESP followed by carbon filtration and by carbon filtration and by counteractant/neutralising system to achieve the same level of control as 1. 3. Fine filtration or ESP followed by UV ozone system to achieve the same level of control as 1; or Fine filtration or ESP followed by wet scrubbing to achieve the same level of control as 1.

 

Reason: in the interests of the amenity of the surrounding area.

 

8.     Restricted Use – Southern Unit

In relation to the southernmost hereby granted planning permission (as shown on drawing no: A-218848-PRO L001 T), no cooking/frying operations or hot food preparation shall be carried out on the premises other than the re-heating of pre-cooked produce by means of a microwave oven, unless the planning authority has given prior written approval for a variation.

 

Reason: due to the absence of a suitable Local Extract Ventilation (LEV system) the premises are considered unsuitable for unrestricted Class 3 uses.

 

9.     Landscaping Scheme

That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting. For avoidance of doubt this should include heavy standard trees and greater numbers than shown in the previous submissions to ensure an immediate impact.

 

Reason: in the interests of the amenity of the area.

 

10.Tree Protection Measures

That no development shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site during construction works has been submitted to, and approved in writing by, the Planning Authority and any such scheme as may have been approved has been implemented.

 

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

 

11.Storage of Materials

That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the Planning Authority and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks.

 

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

 

12.Green Travel Plan

That neither of the units hereby granted planning permission shall be occupied unless there has been submitted to and approved in writing a detailed Green Travel Plan for staff, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets.

 

Reason in order to encourage more sustainable forms of travel to the development.

 

13.Gullies

That the development hereby granted planning permission shall not be brought in to use unless gullies are installed to the rear of any parking areas where the contours slope towards the rear. Details of such a scheme shall be submitted to, and approved in writing by the Planning Authority, and thereafter installed in accordance with the approved scheme.

 

Reason: to ensure that the site can be adequately drained.

 

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.