Agenda item

Planning Reference – 210592

 

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

Link.

 

Planning Officer:  Jamie Leadbeater

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 a residential development comprising 35 flats/apartments over 3 and 4 storeys, including the erection of ancillary structures and demolition of the existing redundant building, formation of car parking area, landscaping and alterations to the site access, at Forestgait, 22 King’s Gate Aberdeen, be refused.

 

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

 

The Convener moved, seconded by the Vice Convener:-

that the application be approved with the following conditions. Consent to be withheld until completion of a Section 75 legal agreement to secure developer obligations towards community facilities/sport and recreation, open space, healthcare and transportation.

 

The reason for approval was as follows:-

Whilst the proposal would be larger in terms of scale and massing than surrounding buildings, its positioning - set back from the King’s Gate frontage behind a screen of mature trees - means that it would not have a dominating impact on its surroundings when viewed from the street and would not have an adverse impact on the conservation area in this context. Whilst there is a tension with Policy NE5 (Trees and Woodland) of the Local Development Plan the resulting loss of mature trees would be compensated to some extent in the medium or long term by the replacement tees that are to be planted. Whilst restricted, sufficient amenity space is provided for the needs of new residents and there would be no additional impact on the privacy or amenity of adjoining residential properties. There is adequate close by amenity space at Victoria Park and Westburn Park. The proposal is considered compatible with Policy H1- Residential Areas in this regard. The setting of the category C-listed Richmondhill House has already been significantly affected by past development including the existing nursing. This factor combined with the distance from the listed building and intervening trees would mean that the proposal would not have a significant additional detrimental impact on the listed building.  Sufficient car parking and satisfactory vehicular and pedestrian access is provided. The proposal is well connected by public transport links and is compliant with Policies T2 and T3 of the Local Development Plan in this regard. Taking into account the foregoing the proposal is considered to comply with the relevant Aberdeen Local Development Policy zoning (H1- Residential Areas) and other relevant development plan policies and all other material considerations.

 

Conditions

 

1.     Tree Protection measures

 

No development shall take place until all tree protection measures set out in the submitted Tree Protection Plan (Struan Dalgleish Arboriculture, August 2021) have been put in place. Once in place, they shall remain in situ until construction of the hereby approved development has been completed and all plant and machinery has been removed from the site. The said tree protection measures include utilising a ‘no-dig’ construction methodology for the formation of car parking spaces to the east of Richmondhill Court as set out in the Tree Survey Report.

 

Reason: To ensure the proposal complies with Policy T5 (Trees and Woodland) in the Aberdeen Local Development Plan 2017.

 

2.     Cycle Parking and Bin Storage

 

No flats shall be occupied until all car parking spaces, bin and cycle stores laid out in drawing 11760-HFM-ZZ-ZZ-DR-A-P(90)004 REV I have been implemented in full.

 

Reason: In order to ensure the development is served by appropriate supporting infrastructure and encourages residents to make use of sustainable and active travel, to ensure compliance with policies R6 (Waste Management Requirements for New Development) and T3 (Sustainable and Active Travel) in the Aberdeen Local Development Plan 2017.

 

3.     EV charging points

 

No development shall take place until a scheme for EV (Electric Vehicle) charging points has been submitted to and approved by the Planning Authority. Once approved, no units shall be occupied until all EV charging points identified in the agreed scheme have been fully implemented and are operational.

 

Reason: To ensure the development encourages use of sustainable means of transport from the outset.

 

4.     Details of wall alteration

 

No development shall take place, until a detailed methodology for the dismantling of the section of wall identified on Drawing No. 11760-HFM-ZZ-ZZ-DR-A-P(00)022 REV B and its re-assemblance, including details of where the down-takings are to be stored in the interim. The methodology should include pointing details and the type of mortar to be used.

 

Reason: To ensure compliance with Policy D4 and D5 in the Aberdeen Local Development Plan 2017.

 

5.     Samples of finishing materials

 

No units shall be occupied until, details/samples of the proposed external renders, granite and cladding have been submitted to and approved in writing by the Planning Authority. Once approved, the agreed finishes shall be implemented in accordance with approved plans.

 

Reason: To ensure the proposed development would be sympathetic to the site’s setting in the Albyn Place/Rubislaw Conservation Area, to ensure compliance with Police D1 (Quality Placemaking by Design) in the Aberdeen Local Development Plan 2017.

 

6.     Energy-saving measures in construction and Water Saving Technologies

 

No units shall be occupied until full details of the energy efficiency rating of the building and details of water efficient technology to be installed in the built fabric of the hereby approved building have been submitted to and approved in writing by the Planning Authority. Once approved, the construction of the building shall be carried out to a standard which ensures the approved energy efficiency levels can be achieved.

 

Reason: To ensure compliance with Policy R7 (Low and Zero Carbon Buildings, and water efficiency) in the Aberdeen Local Development Plan 2017 and its associated Supplementary Guidance.

 

7.     Residential Travel Pack

 

No units shall be occupied until a Residential Travel Pack (RTP) shall be submitted to and approved in writing by the Planning Authority following consultation with the Roads Service. The RTP shall then be issued to the occupants of each flat.

 

Reason: To ensure compliance with Policy T3 (Sustainable and Active Travel) in the Aberdeen Local Development Plan 2017.

 

8.     Soft Landscaping

 

No units shall be occupied until all details of soft landscaping, including the soft landscaping buffers around the perimeter of the site, as well as details of the management and maintenance of the landscaping have been submitted to and approved in writing by the Planning Authority. Once approved, the scheme of soft landscaping shall be implemented in full prior to occupation of any unit. Any planting (including replacement trees planting), 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 or trees of similar size and species to those originally required to be planted.

 

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies D1 and NE5 of the Aberdeen Local Development Plan 2017.

 

9.     Digital Infrastructure

 

No flats shall be occupied until the applicant/developer has submitted details to the Planning Authority demonstrating that the hereby approved flats could be served by up-to-date highspeed digital communications infrastructure.

 

Reason: To ensure compliance with Policy CI1 (Digital Infrastructure) in the Aberdeen Local Development Plan 2017.

 

10.Drainage

 

No units shall be occupied until the SUDS (Sustainable Urban Drainage System) scheme has been implemented in full.

 

Reason: To ensure the development is served by appropriate surface water drainage infrastructure to prevent localised flooding to neighbouring properties, to ensure compliance with Policy NE6 (Flooding, Drainage and Water Quality) in the Aberdeen Local Development Plan 2017.

 

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

           that the application be refused in line with the recommendation.

 

On a division there voted, for the motion (6) – the Convener, the Vice Convener and Councillors Cooke, Copland, MacKenzie and Malik – for the amendment (3) – Councillors Allan, Cormie and Greig.

 

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally.  Consent to be withheld until completion of a Section 75 legal agreement to secure developer obligations towards community facilities/sport and recreation, open space, healthcare and transportation.