Agenda item

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 211056.

 

 

The LRB then considered the fourth request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the application for the formation of a community sport facilities with associated fencing and hard standing sports courts at Formartine Road/Conningham Gardens Aberdeen, planning reference 211056/DPP

 

The Chairperson advised that Ms Lucy Greene would again be acting as the Planning Adviser to the Body in the following case under consideration this day and reiterated that although the Planning Adviser was employed by the planning authority, she had not been involved in any way with the consideration or determination of the application under review and was present to provide factual information and guidance to the Body only.  The Chairperson emphasised that the officer would not be asked to express any view on the proposed application.

 

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council (ACC); (2) the original application dated 20 July 2021; (3) the decision notice dated 11 March 2022; (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant’s agent and (6) letters of representations and consultee comments.  

 

The LRB was then addressed by Ms Greene who advised that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer.

 

Ms Greene then described the site advising that the application site comprised a 3,500sqm (67m x 52m) rectangular area of public, green open space situated on the eastern side of Formartine Road and to the south of Coningham Gardens, in Tillydrone. The site is predominantly grassed and incorporates 24 trees of various species and sizes, including two large maple trees in the north-western corner. The site lies within a residential area of Tillydrone and is bound to the north, south and west by four-storey blocks of flats, all of which lie beyond the intervening road carriageways of Coningham Gardens (north), Formartine

Road (west) and a residential car park to the south. A pedestrian footpath delineates the eastern boundary of the site, with the land beyond comprising the construction site of a new primary school.

 

In terms of the applicant’s proposal, Ms Green indicated that  detailed planning permission was sought for the formation of a community outdoor sports facility on the existing area of green space, with associated fencing. The proposed facility would comprise the following:

·       A green-coloured, 42m x 28m ‘Cruyff Court’ artificial pitch with football goals and associated perimeter ball-stop fencing (ranging between 1.1m and 4m in height);

·       A basketball / dodgeball court, two mini-tennis courts, a 40m long running track and freestyle hoops, all to be formed on blue-coloured porous asphalt surrounding the artificial pitch;

·       Multiple benches, cycle stands and bins; and

·       1.8m high metal mesh fencing along the facility’s northern, southern and western boundaries.

 

The sports facilities would be open to the general public to use, the site would not be secured, and a booking system was not proposed to be implemented.

The facility was proposed as a replacement for the previously existing sports facility that was situated approximately 150m to the south of the application site but has now been replaced by residential flats (180834/DPP).

A Noise Impact Assessment was submitted after the application was validated but the proposals have not been amended from the plans that were initially submitted. Reference was initially made in the application description to the provision of floodlighting but no information on the proposed floodlights has been provided, therefore that aspect of the proposals has been removed from the application description and no floodlighting was proposed.

 

Ms Greene indicated that the Appointed Officer’s reasons for refusal stated in the decision notice was as follows:-

·       that the proposed outdoor sports facility would adversely affect the character of the area by virtue of its scale and layout and would cause significant harm to the residential amenity of the area, contrary to Policies H1 (Residential Areas) and NE3 (Urban Green Space) of the Aberdeen Local Development Plan 2017 (ALDP); and

·       that the proposed development would have a significant detrimental impact on the amenity of neighbouring residential properties in terms of noise emissions, contrary to Policy T5 (Noise) of the Aberdeen Local Development Plan.

 

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

·       the proposal was a replacement for a previous community facility as part of another planning application;

·       the proposal would satisfy local expectation for a new, free to use high quality sports facility;

·       in regards to trees, two trees would be retained and of those to be removed, two were category U which was the lowest quality, 12 were category C – low quality or young and unremarkable and 10 were category B – moderate quality;

·       the proposal was of a high quality design and materials and was visually appealing;

·       the locations for additional planting had been identified and could be considered by conditions.

·       Noise guidance was not representative of how the pitch would be used in practise;

·       There would be some organised sessions and otherwise the use of the pitch would be no different to a play park;

·       In terms of Policy NE3 – Urban Green Space, the agent noted that change from existing green space to sports facility was acceptable in principle;

·       In relation to Policy D1 and NE5, additional planting was proposed;

·       Scottish Planning Policy and National Planning Framework 4 were supportive of this type of facilities; and

·       Alternative sites were considered and reasons given for this site being selected.

 

Ms Greene advised that there were consultee responses from Roads Development Management, Environmental Health and also three letters of objection to the proposal. 

 

Ms Greene advised that the applicant had expressed the no further procedure should take place before determination.

 

The Chairperson and Councillors Bell and Henrickson all indicated in turn that they each had enough information before them and therefore agreed that the review under consideration should be determined without any further procedure.

 

In terms of relevant policy considerations, Ms Greene referred to the following in the Aberdeen Local Development Plan 2017:-

·       Policy D1 - Quality Placemaking by Design

·       Policy D2 – Landscape

·       Policy H1 – Residential Areas

·       Policy CF2 – New Community Facilities

·       Policy T5 – Noise

·       Policy T3 – Sustainable and Active Travel

·       NE3: Urban Green Space

·       NE5: Trees and Woodland

·       NE6: Flooding, Drainage & Water Quality

·       NE9: Access and Informal Recreation

 

Supplementary Guidance

·       Flooding, Drainage and Water Quality

·       Green Space Network and Open Space

·       Noise

·       Trees and Woodlands

 

Ms Greene responded to questions from members in relation to noise impact, the use of trees to screen the area, flood lighting and hours of operation. 

 

The Chairperson and Councillors Bell and Henrickson each advised in turn and unanimously agreed to overturn the appointed officer’s decision to refuse planning permission and therefore approved the application conditionally.

 

In coming to their decision, the Local Review Body had regard to the provisions of the development plan as required by Sections 25 and 37 of the Town and Country Planning (Scotland) Act 1997 (as amended) and other material considerations in so far as these were pertinent to the determination of the application.

 

More specifically, the reasons on which the Local Review Body based this decision were as follows:-

The pitches and facilities are a replacement for those lost close by to the south at Harris Drive and whilst grassed open space would be lost, the site would be used for sport and recreational activity. The site is located within the community and is accessible by a range of transport modes, including cycling and walking. The proposal is for well-designed pitches and fences, the latter allowing through visibility. Experience of similar pitches within similar locations in the city indicates that disturbances to residential amenity have not come to fruition, whilst the requirement by condition of a management plan, including provision of contact details for complaints would help ensure that any concerns could be satisfactorily dealt with. There is no floodlighting proposed within the application.

The two largest trees would remain, whilst a condition is attached requiring details of replacement planting for those trees to be removed.  With the conditions recommended, the proposal thereby complies with the following  policies in the adopted Aberdeen Local Development Plan 2017 (and similar policies within the Proposed Aberdeen Local Development Plan 2020): CF2: New Community Facilities, NE9 – Access and Informal Recreation, H1 – Residential Areas, , D1 – Design, NE6 – Flooding and Drainage, T3 – Sustainable Travel, and a tension with policy NE5: Trees and Woodland and NE3 – Urban Green Space.

 

CONDITIONS

1. Management Plan

That no development shall take place unless there has been submitted to, and approved in writing by, the planning authority, a management plan for the pitches. The plan shall include contact details for anyone wishing to make complaints or enquiries about the use of the pitch and how these shall be made public, including via on site signage. Thereafter the pitch shall only be used in accordance with such a plan.

Reason: In order to help ensure a satisfactory level of residential amenity.

 

2. Tree Protection

That no development shall take place unless there has been erected, and remains in place on site, tree protection in accordance with the Tree Survey and drawing TCC-2010-TP by Astell Associates, or such others as may be subsequently agreed.

Reason: To ensure that trees to be retained are not damaged during construction.

 

3. Replacement planting scheme

That no development shall take place unless there has been submitted to and approved in writing by the planning authority a scheme for replacement tree planting. The details provided shall include numbers, locations, species and sizes and stage of maturity at planting. (For the avoidance of doubt some of the replacement trees may be planted outside the site boundary where this achieves the aims of the condition).

All planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority - in the interests of the amenity of the area.

Reason: in order to help screen the pitches and provide replacements for the benefit of nature conservation and amenity.

 

4. Seating and cycle racks

The development shall not be brought into use unless the seating and cycle storage racks shown on the approved drawings, or others as subsequently approved, have been provided on site and are available for use, unless otherwise agreed in writing with the planning authority.

Reason: In the interests of amenity, security and encouraging active and sustainable travel.

-          COUNCILLOR MARIE BOULTON, Chairperson