Agenda item

Planning Reference – 211807

 

All documents associated with this application can be found at the following link and enter the refence number above:-

 

Link.

 

Planning Officer:  Roy Brown

 

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-

 

That the application for Detailed Planning Permission for the demolition of an existing commercial unit and erection of 9 residential apartments over 3 storeys with associated cycle storage and hard and soft landscaping works at 26 Hollybank Place Aberdeen, be refused for the following reasons:-

 

In the context that there has never been a building of the scale proposed on the application site and that the existing building is single storey, the proposed building of 9 flats, which would be 3 storeys in form, height and scale, would have a significant adverse impact on the existing (and long-standing) levels of background daylight and sunlight afforded to the ground floor flats of 21, 23, and 25 Hollybank Place to the north and northeast of the development, to the significant detriment of the amenity afforded to those flats. It would, consequently, adversely affect the residential amenity of the surrounding area and, in its context, would constitute overdevelopment. It would also for the same reasons conflict with Policies H1 – Residential Areas and D1 – Quality Placemaking by Design of the Aberdeen Local Development Plan 2017 and Policies H1 – Residential Areas, D1 – Quality Placemaking and D2 – Amenity of the Proposed Aberdeen Local Development Plan 2020.

 

In reaching this recommendation, it is recognised that this residential development would be located in an accessible location in an inner-city residential area near the city centre. Had it not been for this adverse impact on the amenity of the surrounding area due to its scale, height and massing, the development could have otherwise been supported, subject to appropriately worded planning conditions and registration of the Legal Agreement to satisfy matters regarding transportation, cycle infrastructure, design, amenity, sustainability, drainage, waste storage and developer obligations. The justification raised in the Design & Access Statement, that the building would replicate the scale and form of the historic tenement buildings on the street is not sufficient to warrant such an adverse impact on the neighbouring residential properties because an alternative residential development of lesser scale and height that would be complementary to the surrounding area could have been submitted which may not have had such an adverse impact to the amenity of the surrounding area.

 

The Committee heard from Roy Brown, Planner, who spoke in furtherance of the application and answered questions from members. 

The Committee then heard from Mr Stewart Brodie who was an interested party to the application, having submitted a timely representation in regard to the proposed application and in line with the procedure note for the Committee.  Mr Brodie objected to the proposal.  The Committee also heard from the agent for the application, Mr Richard Tinto, who spoke in support of the application. 

 

The Committee resolved:-

to approve the application conditionally and a legal agreement, subject to the following conditions, for the following reasons:-

 

The application was considered to be compliant with the relevant planning policies of the Adopted Local Development Plan and national policy in as far as it constituted sustainable city centre development on brownfield land in a site that was easily accessible by sustainable means of transportation and within easy reach of a wide range of city centre amenities. It would be compatible in design terms and mass and scale with surrounding tenement flats and adequately mitigate its impact on infrastructure by way of developer obligations. It was acknowledged that there would be an adverse impact on the amenity of flats on the north side of the street in terms of reduction in daylight and sunlight but, on balance, these do not outweigh the material considerations weighing in favour of the development. It was therefore considered compliant with relevant policies including Policy H1 – Residential Areas, Policy D1 – Quality Placemaking by Design and Policies T2 (Managing Transport Impact ) and T3 Sustainable and Active Travel of the Adopted Local Development Plan.

 

Head of terms of legal agreement

 

Contributions are required towards the car club, primary education, secondary education, the core path network, healthcare facilities, open space and community facilities. Additionally, affordable housing contributions are required by way of commuted payments or on-site or off-site provision.

 

Conditions

 

1)    That no development pursuant to this planning permission shall take place unless a scheme detailing dust suppression measures to be employed during demolition and construction, which includes the use of water sprays, has been submitted to, and approved in writing by the Planning Authority. Thereafter, all measures shall be implemented in accordance with this approved scheme during demolition and construction.

 

Reason - In the interests of protecting residential amenity.

 

2)    That no demolition, site preparation and construction operations pursuant to this planning permission that creates noise audible at the site boundary shall take place outside the hours of:

 

(a)  0700 Hrs to 1900 Hrs from Mondays to Fridays; and

(b)  0800 Hrs to 1300 Hrs on Saturdays.

 

Reason - In the interests of protecting residential amenity.

 

 

3)    That no development pursuant to this planning permission shall take place unless samples of materials and a scheme of the finalised details of the finishes to the walls of both the principal and rear elevations, wallhead gable, pitched roof dormers and roof of the approved residential building has been submitted to, and approved in writing by the Planning Authority. The scheme shall include the details of materials, texture, colours, dimensions and detailing. Thereafter, the development shall be implemented in accordance with these approved details.

 

Reason - In the interests of the character and visual amenity of the surrounding area.

 

4)    That the approved development shall not be brought into residential use unless the following alterations to the public road have been implemented in their entirety:

 

(a)  The existing dropped kerb to the immediate northeast of the building has been replaced with a footway level with the existing footway; and

(b)  The Controlled Parking Zone parking restrictions to the north of the building have been altered to remove the ‘no waiting’ restrictions to the north of the building and increase the on-street parking spaces adjacent to the site.

 

Reason - To minimise the impact of this development on the availability of public parking provision in the surrounding area, to minimise the impact of the development on the local transport network and to protect residential amenity .

 

5)    That the approved development shall not be brought into residential use unless a Residential Travel Pack has been submitted to, and approved in writing by the Planning Authority. This Residential Travel Pack shall include:

 

(a)  local walking, cycling and bus infrastructure / facilities;

(b)  car club car information; and

(c)   a walking map which shows local schools and amenities.

 

Thereafter, the approved Residential Travel Pack shall be distributed to all new residents of the approved development.

 

Reason - To encourage sustainable and active travel and minimise impact on the local transport network.

 

6)    That the approved building shall not be brought into residential use unless the cycle storage infrastructure has being implemented in accordance with the approved plans (with reference: 3882 P(04)003 B and 3882 PL(00)004 A), confirmation of which shall be submitted in writing with the Planning Authority upon their implementation.

 

Reason - To encourage sustainable and active travel and minimise impact on the local transport network.

 

7)    That no development shall take place unless a scheme detailing how surface water will be handled to prevent water discharging onto the public road has been submitted to, and approved in writing by the Planning Authority and thereafter all identified necessary mitigation measures have been implemented in accordance with this scheme.

 

Reason - To prevent water discharging onto the road, in the interests of public safety.

 

8)    That the building shall not brought into residential use unless confirmation of the implementation of additional on-street communal bin storage has been submitted to, and approved in writing by the Planning Authority. This shall include confirmation from the Aberdeen City Council Waste and Recycling Team.

 

Reason - To ensure that the development has sufficient waste storage and ensure to offset any impact on existing on-street communal bin storage.

 

9)    That no development relating to this planning permission shall take place unless a scheme detailing:

 

(a)  the Standard Assessment Procedure Assessment Procedure energy rating (SAP) in accordance with the Resources for New Development Supplementary Guidance; and

(b)  details and plans of all proposed low and zero carbon generating technology,

 

has been submitted to, and approved in writing by the Planning Authority, which demonstrates that the development would achieve:

 

(i)    At least 25% of the building regulations carbon dioxide emissions reduction target;

(ii)   A ‘Platinum Standard for Energy’ Building Standards Sustainability Label; and

(iii)  A ‘Platinum Standard’ for Domestic Buildings Building Standards Sustainability Label for Water Usage.

 

Thereafter, the development and all low and zero generating technology shall be implemented in accordance with this approved scheme prior to the building being brought into residential use.

 

Reason - To ensure that the development meets current water and energy efficiency targets.

 

Advisory Note

Section 56 Roads Consent and changes to the Controlled Parking Zone Traffic Regulation Order are required separately for the works specified in Condition (4) (a) and (b).

-        Councillor Desmond Bouse, Convener