Agenda item

Planning Reference – 200536

 

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

 

Link.

 

Planning Officer:  Dineke Brasier

 

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

 

That the application for a variation to condition 10 (requiring Condition 1 to be implemented in full prior to the occupation of the 1001st house constructed) of planning application ref. P141888 at A944 Jessiefield Junction and Land South of A944, at Bellfield Farm, East Middlefield, be approved subject to the following conditions:-

 

Conditions

 

1.     That the agreed works pursuant to condition 3 shall be carried out in their entirety, and to the satisfaction of the Planning Authority, prior to occupation of the 1251st house constructed on the Countesswells development site as identified in the OP38 designation within the 2017 Aberdeen Local Development Plan.

 

Reason: In the interests of road capacity and safety.

 

2.     That the development hereby approved shall be implemented in accordance with details approved as part of MSC permission 170510/MSC in relation to:

 

(a)  Detailed levels survey of the site and cross sections showing proposed finished road levels relative to existing ground levels and a fixed datum point;

(b)  Detailed drainage plan, including full details of the proposed means of disposal of surface water from the development, including how surface water run-off shall be addressed during construction, as well as incorporating the principles of pollution prevention and mitigation measures. The final location of Sustainable Urban Drainage Systems (SUDS), including ponds, should be appropriately positioned in accordance with an agreed flood risk assessment;

(c)   Details of all cut and fill operations;

(d)  Details of all roads, footpaths and cycleways including tie-ins to existing/proposed roads (including confirmation of control over necessary land);

(e)  details of any screen walls/ fencing to be provided;

(f)    Details of all landscaping, planting and screening associated with the development.

 

Reason: To ensure a satisfactory final layout, appearance and to avoid any flood risk.

 

3.     All soft and hard landscaping proposals approved as part of MSC permission 170510/MSC shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of each respective phase of the development or such other date as may be agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of each phase of the development, in the opinion of the Planning Authority is dying, severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

 

Reason: In the interests of protecting trees and ensuring a satisfactory quality of environment.

 

4.     The details approved as part of MSC permission 170510/MSC in relation to the agreed drainage system, shall be provided in its entirety and maintained thereafter throughout the lifetime of the consent in accordance with the approved maintenance scheme. The details submitted also include the future long-term maintenance of the system covering mattering such as:

(a)  Inspection regime relating to matters such as outlets/inlets;

(b)  Frequency and method of cleaning of filter trenches, removal of silt etc;

(c)   Grass cutting (and weeding) regime for swales;

(d)  Means of access for future maintenance;

(e)  How to ensure that planting will not be undertaken over perforated pipes;

(f)    Details of the contact parties for future factoring/ maintenance of the scheme to protect the water environment and help reduce flooding.

 

Reason: To protect the water environment and help reduce flooding.

 

5.     That no development pursuant to this planning permission shall commence unless the following has been approved by way of formal application(s) for approval of Matters Specified in Condition:

(a)  A detailed and finalised Construction Environment Management Plan (CEMP) including site specific construction method statements, measures to minimise the risk of sediment entering watercourses on the site and the mechanism for compliance;

(b)  A scheme of noise and dust suppression measures to minimise potential impact during the construction phase; and

(c)   Details of the SUDS scheme, its adoption and maintenance, in order to manage sediments and pollutants from construction and operation of the development have been submitted to and approved in writing by the Planning Authority. The mitigation measures outlined in the CEMP shall be informed by the result of a full ground (water and soil) investigation study.

 

All works on site must be undertaken in accordance with the approved CEMP unless otherwise agreed in writing with the Planning Authority.

 

Reason: In order to prevent potential water pollution and to minimise the impacts of construction works on the environment.

 

6.     Prior to commencement of any work in the development, a detailed scheme for the protection and enhancement of the water environment shall be submitted to, and approved in writing by, the planning authority in consultation with SEPA by way of formal application(s) for approval of Matters Specified in Condition. This shall include:

(a)  Confirmation of the location of all existing water bodies on site and demonstration of how they have been positively incorporated into the layout of the development, including appropriate buffer zones between the top of the bank of the watercourse and the development;

(b)  Full details relating to the realignment of the any watercourse on site, including the Cults Burn. Any redesigned watercourses shall be designed to accommodate the 1 in 200 year flow from the whole catchment. This shall include a low flow channel designed to accommodate the 1 in 200 year flow set within a wider channel capable of conveying the 1 in 200 year flow. In addition, appropriate buffer zones shall be included between the edge of the wider channel (i.e. the extent of channel utilised during high flows) and the development;

(c)   Full details relating to any other proposed engineering activities in the water environment, including the location and type of any proposed watercourse crossings.  Any proposed watercourse crossings shall be designed to accept the 1 in 200 year flow. All works on site must be undertaken in accordance with the approved scheme unless otherwise agreed in writing with the Planning Authority in consultation with SEPA.

 

Reason: To protect and improve the water environment and to protect people and property from flood risk.

 

7.     That no development shall take place until details in relation to updated surveys for protected species (red squirrel/bats/badgers) have been submitted through a further Matters Specified in Condition application. Subsequently, no development shall take place unless detailed mitigation measures to safeguard any identified protected species have been submitted to and approved in writing by the Planning Authority. No development shall take place unless the mitigation measures which have been agreed in writing by the Planning Authority are carried out in accordance with the agreed scheme.

 

Reason: To ensure the protection of protected species.

 

8.     That no development shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site during construction works has been submitted through a further Matters Specified in Condition application, and approved in writing by, the Planning Authority, and that any such scheme as may have been approved has been implemented.

 

Reason: In order to ensure adequate protection for the trees on site during the construction of the development.

 

9.     That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate management proposals or 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 through a further Matters Specified in Condition application, 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.

 

Reason: In order to preserve the character and visual amenity of the area.

 

The Committee heard from Ms Dineke Brasier, Senior Planner, who spoke in furtherance of the application and answered various questions from members.

 

The Committee also heard from the Clerk who read out a statement on behalf of Cults, Bieldside and Milltimber Community Council, who objected to the application.

 

The Committee then heard from Mr Mark Peters, Fairhurst, who spoke in support of the application on behalf of the agent for the application.

 

The Convener moved that the application be approved in line with the officer recommendation.

 

Councillor Boulton, seconded by Councillor Blake, moved as an amendment that the application be refused for the following reasons:-

 

The proposal was contrary to T2 (Managing the Transport Impact of Development) and I1 (Infrastructure Delivery and Planning Obligations) of the 2017 Aberdeen Local Development Plan and Policies 13 (Sustainable Transport) and 18 (Infrastructure First) of National Planning Framework 4 due to the additional traffic impact and delay caused by traffic from an additional 250 units on the road network prior to the opening of the Jessiefield Junction improvement and Eastern Link Road to Countesswells and due to a delay in delivery in essential infrastructure required for the wider Countesswells development. The proposal was further contrary to  policy T3 (Sustainable and Active Travel) of the 2017 Aberdeen Local Development Plan and Policy 13 (Sustainable Transport) due to the delay in delivery of sustainable transport measures along the route from Countesswells to the Jessiefield Junction.

 

The Convener’s motion failed to attract a seconder and was therefore not put to the vote in line with Standing Order 29.12.

 

The Committee resolved:-

to refuse the application.