Agenda item

With reference to Article 3 of the minute of meeting of the Development Management Sub Committee of 17^th February 2011, which had been referred to it simpliciter for determination in association with the application for the Third Don Crossing, the Council had before it a report by the Head of Planning and Sustainable Development on the application (100150) for removal of a 44 metre section of the north boundary wall and 30 metre section of the south boundary wall of Danestone Market Gardens, off Laurel Avenue, Danestone.

The report contained a description of the site and surrounding area;  contained also the detail of consultation response received from Historic Scotland, which highlighted they were content with the principle of the partial demolition of the Category B listed Danestone walled garden, on the grounds of public benefit;  advised that one letter of representation had been received in respect of the proposal and the views expressed therein;  identified the planning policy and considerations arising and against which the application would fall to be assessed;  and provided a detailed evaluation of the proposal in light of the policy position and other material planning considerations to be taken into account.

The report recommended:-

that the Development Management Sub Committee indicate the willingness to approve the application subject to referral to the Scottish Ministers and upon the following conditions:-  (1)  That the proposal that is the subject of this listed building consent, 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 (approved under application reference 100135, or other such application subsequently approved).  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. Thereafter the proposal shall be implemented in complete accordance with the scheme as so agreed.  (2)  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.

Councillor Dean moved, seconded by Councillor John West:-

            That the recommendation within the report be approved.

Councillor Crockett moved as an amendment, seconded by Councillor Cooney:-

That the application be refused on the grounds that the proposal was not currently in the Local Development Plan and should not be considered at this time.

On a division, there voted:-

For the motion  (26)  - 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, Wisely and Yuill.

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

Declined to vote  (1)  -  Councillor Noble.

The Council resolved:-

to adopt the motion.