Agenda item

NOTE: A complete set of the written representations received in relation to the Third Don Crossing application is available in the Members Library.

With reference to Article 2 of the minute of meeting of the Development Management Sub Committee of 17^th February 2011, which had been referred to it for consideration by five members of the Sub Committee, the Council had before it (a) a report by the Head of Planning and Sustainable Development on the application (100135) for the construction of a new 2.4 kilometre long, generally 7.3 metre wide, single carriageway wide road with associated footways, segregated cycleways, verges and earthworks and also clearance of some existing vegetation, trees and the construction of a new bridge over the River Don, new drainage, road signs, street lighting, landscaping and accommodation; and (b) the decision of the Development Management Sub Committee that the application be approved subject to the following conditions:-

(1) That no development shall take place within the application site to the north of the corner of Gordon’s Mills Road, until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.  (2) That the development shall not take place unless there has been submitted to and approved by, the planning authority, in consultation with Transport Scotland, details of the proposed tie in arrangement of the A90 Parkway/Whitestripes Avenue Roundabout and that the development shall be implemented in complete accordance with the details as so approved.  (3) That development shall not take place unless there has been submitted to and approved in writing by, the planning authority, a plan showing the relocating of the goal posts to the south of Balgownie Drive, and that the development shall not be brought into use unless the goalposts have been relocated in accordance with the scheme as so agreed.  (4) 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, including details of planting in areas around the underpasses.  (5) That 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 five 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.  (6) That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) has been submitted to and approved in writing by the planning authority.  The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation.  (7) That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 1989 “Recommendation for Tree Works” before the building hereby approved is first occupied.  (8) 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 five metres of foliage, branches or trunks.  (9) That development shall not take place unless there has been submitted to, and approved in writing by, the planning authority detailed layout plans showing: (a) a pedestrian crossing on the new road between the two junctions with Grandholm Drive; (b) a pedestrian crossing of the new road close to the junction with Hayton Road; (c) a pedestrian links by steps, or otherwise, between the riverside path on the north side of the river, and the new road close to the new bridge; and (d) details of the link between the pedestrian cycleway under the bridge on the south side of the river, and the riverside pathway.  The development shall not be brought into use unless the scheme has been implemented in complete accordance with the details as so agreed, unless otherwise agreed by the planning authority.  (10) That no development shall take place unless a scheme for external lighting, including lighting within the underpasses has been submitted to and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme.  (11) That no development shall take place unless there has been submitted to, and approved in writing by, the planning authority a full site specific Environmental Management Plan (EMP) that includes all matters indicated within the Environmental Statement (ES) by AECOM dated April 2010 and incorporates detailed pollution prevention and mitigation measures for all construction elements potentially capable of giving rise to pollution during all phases of construction, reinstatement after construction and final site decommissioning.  The EMP shall be submitted at least two months prior to commencement of works and shall include:
(a) details of an appropriately qualified and experienced designated ‘appointed person’ who would be responsible for enforcing the EMP and will have the authority to stop and implement work;  (b)  pre-construction surveys, including of otters, bats and badgers mitigation measures; (c) a construction EMP including measures for controlling dust during construction;  (d)  details of measures to prevent entry of pollutants into any bodies of water;  (e)  a full site waste management plan;  (f)  details of waste water drainage from temporary and permanent facilities for workers on site; The scheme shall be implemented in complete accordance with details as so approved and work shall not take place unless the measures as so agreed and those within the ES referred to above are in place and fully operational.  (12)  That development shall not take place unless there has been submitted and approved in writing by, the planning authority, details of noise mitigation measures.  The development shall not be brought into use unless the scheme has been implemented in complete accordance with the details as so agreed.  (13)  That no development shall take place unless there has been submitted to, and approved in writing by, the planning authority, details of works to the listed octagonal tower in order to preserve its structural integrity.  These shall take place in complete accordance with the scheme as so agreed, within six months of the new road being brought into use.
(14)  That the development of the proposed embankment in the area to the south of the mill lade shall not take place unless there are in place compensatory flood storage provisions as described in the Flood Risk Assessment by AECOM dated February 2010 and letter from the applicant to SEPA, dated 7 July 2010.  (15) That two months prior to the commencement of any works, a detailed water feature survey and risk assessment is undertaken, submitted and approved in writing by, the planning authority (in consultation with SEPA).  No development shall take place unless the survey and assessment have been so approved.  The work shall be carried out in complete accordance with the assessment as so agreed.  (16)  That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the planning authority and thereafter no part of the development shall be brought into use unless the drainage has been installed in complete accordance with the said scheme.  (17)  That no development shall take place unless a scheme detailing all external finishing materials to the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed.  (18)  That no development shall take place unless there has been submitted to, and approved in writing by the planning authority, details of protection measures to sports pitches.  Development shall not take place unless the measures as so agreed are in place, fully in accordance with the scheme as so agreed.  (19)  That the proposal for the partial demolition of the Category B listed garden walls, should be implemented only as part of a wider scheme for the development of the Third Don Crossing (as approved under this application, or other permission subsequently granted).  That development shall not take place unless there has been submitted to, and approved in writing by, the planning authority a scheme showing the phasing of development.

Councillor Dean moved, seconded by Councillor John West:-

That the decision of the Development Management Sub Committee be approved subject to incorporating within conditions (9) and (10) that the Council be afforded the opportunity to review those aspects six months after the completion of the development.

Councillor Boulton moved as an amendment, seconded by Councillor Allan:-

That the application be refused on the grounds that its consideration was premature as it was not currently in the Local Development Plan.

Councillor Cassie moved as a further amendment, seconded by Councillor Adam:-

That the application be refused on the grounds that the proposal (1) was contrary to the Development Plan; (2) was in conflict with many key policies in the proposed Local Development Plan; (3) had serious implications for residential amenity in Tillydrone and Danestone because of the increased traffic noise which it would generate; and (4) would be seriously detrimental to air quality in Tillydrone as acknowledged by Environmental Health Officers.

During the course of her summing up, Councillor Boulton agreed to incorporate her amendment as an addendum to the amendment by Councillor Cassie, and this was accepted.

On a division, there voted:-

For the motion  (27)  -  Lord Provost Peter Stephen; Depute Provost Dunbar; and Councillors Corall, Cormack, Cormie, Dean, Donnelly, Fletcher, Greig, Jaffrey Kiddie, McCaig, McDonald, Malone, May, Milne, Penny, Reynolds, Robertson, Jennifer Stewart, John Stewart, Kevin Stewart, Wendy Stuart, John West, Kirsty West, Wisely and Yuill.

For the amendment  (14)  -  Councillors Adam, Allan, Boulton, Cassie, Collie, Cooney, Crockett, Farquharson, Graham, Hunter, Ironside, Laing, Noble and Young.

The Council resolved:-

to adopt the motion.