Agenda item

Planning Reference – 221310

 

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

 

Link.

 

Planning Officer:  Matthew Easton

With reference to article 3 of the minute of the Planning Development Management Committee of 1 June 2023, whereby Members agreed to have a site visit before determining the application, 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 erection of 30 affordable residential units with associated infrastructure and open space, at the former Braeside Primary School site, be approved subject to a legal agreement and subject to the following conditions:-

 

Conditions

 

(01)  DURATION OF PERMISSION

 

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

 

Reason – in accordance with section 58 (duration of planning permission) of the 1997 act.

 

PRE-COMMENCEMENT OF DEVELOPMENT

 

(02)  TREE PROTECTION FENCING

 

No development (including demolition or site setup) shall take place unless the tree protection measures shown in Tree Survey BPS-2210-TR-C and drawing BPS-2210-TP (dated 11 October 2022) by Astell Associates have been implemented. Thereafter the fencing shall remain in place for the duration of construction of the development, taking account the phasing within the drawing.

 

Reason – to protect trees and vegetation from damage during construction in accordance with Policy NE5 (Trees and Woodlands).

 

(03)  LANDSCAPING AND BIODIVERSITY ENHANCEMENT

 

No development shall take place unless a detailed scheme of hard and soft landscaping covering all areas of public and private space has been submitted to and approved in writing by the planning authority. The scheme shall include details of –

·       Existing and proposed finished ground levels

·       Existing landscape features, trees and vegetation to be retained or removed

·       Existing and proposed services and utilities including cables, pipelines and substations

·       Proposed woodland, tree and shrub numbers, densities, locations, species, sizes and stage of maturity at planting

·       Proposed measures to enhance biodiversity (see NatureScot’sDeveloping with Nature guidance)

·       Proposed hard surface finishing materials

·       Location and design of any street furniture

·       Arrangements for the management and maintenance of existing and proposed open space and landscaped areas

·       A completed checklist from Annex C of the Developing with Nature guidance.

 

Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless all paths, hard landscaping and any artificial bio-diversity enhancement features have been constructed or provided and are ready for use. All soft landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of the development or such other date as may be agreed in writing with the planning authority. Any planting which, within a period of five years from the completion of the development, in the opinion of the planning authority is dying, is severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

 

Reason – to satisfactorily integrate the development into the surrounding area, enhance the biodiversity value of the site and to create a suitable environment for future residents.

 

(04)  BOUNDARY TREATMENTS

 

No development shall take place unless a scheme showing the detailed design of the proposed boundary treatments for the site and individual plots has been submitted to and approved in writing by the planning authority. The scheme shall include the removal of the fence which currently separates the site from the playpark to the south.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless the said scheme has been implemented, in accordance with the approved details.

 

Reason – to satisfactorily integrate the development into the surrounding area and create a suitable level of residential and visual amenity.

 

(05)  CONNECTION TO CORE PATH

 

No development shall take place unless a detailed specification for the path link between the site and Core Path 69, as shown on Halliday Fraser Munro drawing 12273 A SK(00)005 (Rev.P24), has been submitted to and approved in writing by the planning authority.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit within the development shall be occupied unless the path link has been constructed and is available for use.

 

Reason – to ensure the development is satisfactorily connected into the surrounding path network.

 

(06)  EXTERNAL LIGHTING

 

No development shall take place unless a scheme of external lighting for the footpaths and car parks within the site has been submitted to and approved in writing by the planning authority.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless the external lighting scheme has been implemented in accordance with the approved details.

 

Reason – to ensure a suitable level of residential amenity & public safety and to minimise the impact upon wildlife.

 

(07)  ELECTRIC VEHICLE CHARGING INFRASTRUCTURE

 

No development shall take place unless a detailed scheme of electric vehicle charging infrastructure has been submitted to and approved in writing by the planning authority.  The scheme shall take account of the requirements of section 7.2 (Electric Vehicle Charging) of the Building Standards Domestic Technical Handbook (June 2023) and show the location and specification of active and passive charging infrastructure.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit within the development shall be occupied unless the scheme has been implemented and charging points are available for use.

 

Reason – to ensure provision is made for the charging of electric vehicles.

 

(08)  WATER EFFICENCY

 

No development shall take place unless a scheme of water efficiency for each house type has been submitted to and approved in writing by the planning authority.  The scheme shall consider the advice provided in CIRIA publication C723 (Water sensitive urban design in the UK) and specify the measures proposed to incorporate water saving technology into the development, so as to achieve gold standard for water use efficiency in domestic buildings.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless for that unit the approved measures have been implemented and are available for use.

 

Reason – to reduce pressure on water abstraction from the River Dee, which at times of low flow can have impacts on freshwater pearl mussel, one of the qualifying features of the River Dee Special Area of Conservation.

 

(09)  LOW AND ZERO CARBON BUILDINGS

 

No development shall take place unless a scheme detailing compliance with the section 4 ‘Policy Requirement Low and Zero Carbon Generating Technologies’ within the Resources for New Development Supplementary Guidance has been submitted to and approved in writing by the planning authority.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless any recommended measures specified within the scheme have been implemented in full and are available for use.

 

Reason – to ensure that the development complies with requirements for reductions in carbon emissions.

 

(10)  CONSTRUCTION ENVIRONMENT MANAGEMENT PLAN

 

No development shall take place unless a site-specific Construction Environmental Management Plan(s) (the “CEMP”) has been submitted to and approved in writing by the Planning Authority.  The CEMP must address the following issues (i) surface water management including construction phase SUDS; and (ii) construction site traffic access and egress arrangements.

Thereafter, unless otherwise agreed in writing with the planning authority, development shall be undertaken in accordance with the approved CEMP.

 

Reason – to minimise the impacts of necessary demolition / construction works on the environment.

 

PRE-OCCUPATION OF UNITS

 

(11)  GEO-ENVIRONMENTAL VALIDATION REPORT

 

No unit within the development hereby approved shall be occupied unless a validation report, demonstrating that the recommendations in section 5.0 of the Response to ACC Contaminated Land Unit Consultation – 9 November 2022 by Fairhurst have been undertaken, has been submitted to and approved in writing by the planning authority.

 

Reason – to ensure the ground within the site is remediated to a suitable level for the proposed residential use.

 

(12)  DRAINAGE

 

No unit within the development hereby approved shall be occupied unless details of the connection point between the site surface water sewer system and the public sewer system has been submitted to and approved in writing by the planning authority. The details shall include confirmation that Scottish Water accept the proposed new connection.  Otherwise, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless all drainage works detailed in the approved Drainage Assessment (146472 DA01 (Rev.7) and drawing 146472/2200 (Rev.F) produced by Fairhurst (or such other drawing approved for the purpose) have been installed in accordance with the approved details and are available for use.

 

Reason – to safeguard water qualities, prevent flooding and ensure that the proposed development can be adequately drained.

 

(13)  PROVISION OF CAR PARKING

 

No unit within the development hereby approved shall be occupied unless all car parking spaces have been constructed and laid out in accordance with Halliday Fraser Munro drawing SK(00)005 (Rev.P24) (or such other drawing approved for the purpose). Thereafter, the parking spaces shall be used for no purpose other than for the parking of vehicles belonging to those living or visiting the development.

 

Reason – to ensure a suitable level of parking is provided.

 

(14)  WASTE STORAGE PROVISION

 

No unit within the development hereby approved shall be occupied unless the bin storage areas have been provided in accordance with Halliday Fraser Munro drawing SK(00)005 (Rev.P24) or such other drawing as may be approved in writing by the Planning Authority for the purpose.

 

Reason – to ensure space is available to place bins for collection.

 

(15)  BRAESIDE PLACE – CYCLIST CONTRAFLOW

 

No unit within the development hereby approved shall be occupied unless the measures shown on Fairhurst drawing 146472/1008D (or such other drawing approved for the purpose) to implement a cyclist contraflow on Braeside Place have been implemented.

 

Reason – to ensure satisfactory access for cyclists to the site.

 

(16)  PARKING CONTROLS

 

No unit within the development hereby approved shall be occupied unless (i) the ‘no parking at anytime’ waiting restrictions within the development and on Braeside Place, shown on Fairhurstdrawing 146472/1001G (or such other drawing approved by the planning authority for thepurpose), have been implemented; and (ii) a traffic regulation order is in place to ensure thewaiting restrictions have effect.

 

Reason – to minimise indiscriminate parking and ensure the free-flow of traffic.

 

(17)  RESIDENTIAL TRAVEL PACK

 

No unit within the development hereby approved shall be occupied unless a residential travel pack, aimed at encouraging use of modes of transport other than the private car, has been submitted to and approved by the Planning Authority.  Thereafter, on first occupation of each unit, the pack shall be provided to the occupier.

 

Reason – to encourage use of more sustainable modes of transport.

 

ONGOING RESTRICTION

 

(18)  REMOVAL OF PERMITTED DEVELOPMENT RIGHT (PLOTS 5, 13 and 18)

 

Notwithstanding the provisions of Article 3 and Class 2B of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any other future class or order covering the same matter), no improvement, addition or alteration to the external appearance of a dwellinghouse which would result in a window being present on the north facing elevation of any of the dwellinghouses located on plots 5, 13 and 18 (as shown on Halliday Fraser Munro drawing 12273 A SK(00)005 (Rev.P24), or other such plan to be agreed in writing) of the development hereby approved shall take place without a further grant of planning permission from the planning authority.

 

Reason – to preserve the privacy of existing residential properties on Braeside Place.

 

Following the site visit, where Planning Officers showed Elected Members of the Committee around the area, presented relevant scheme drawings and pointed out significant features, the Committee met at the Town House and heard from Matthew Easton, Senior Planner, who spoke in furtherance of the application and answered various questions from members. 

 

The Convener moved, seconded by Councillor Boulton:-

that the application be deferred for the following reasons and to allow the following issues to be addressed by the applicant:-

-        the proposed houses at Plot 13 and Plot 18 along the northern boundary and houses on Braeside Place would be in overly close proximity to each other to the detriment of the residential amenity of existing and proposed residents;

-        the reduction in the width of the existing landscape strip, specifically the hedge, along the northern boundary would be detrimental to the landscape setting and biodiversity of the site and the amenity of neighbouring and proposed houses; and

-        the proposal would currently constitute overdevelopment of the site in that context.

 

Councillor McRae moved as an amendment, seconded by Councillor Copland:-

that the application be approved in line with the officer recommendation, with conditions 10 and 12 amended to read:-

 

(10) CONSTRUCTION ENVIRONMENT MANAGEMENT PLAN

 

No development shall take place unless a site-specific Construction Environmental Management Plan(s) (the “CEMP”) has been submitted to and approved in writing by the Planning Authority. The CEMP must address the following issues (i) surface water management including construction phase SUDS; and (ii) construction site traffic access and egress arrangements; and (iii) management of dust. Thereafter, unless otherwise agreed in writing with the planning authority, development shall be undertaken in accordance with the approved CEMP.

 

Reason – to minimise the impacts of necessary demolition / construction works on the environment.

 

(12) DRAINAGE

 

No development shall take place unless details of the connection point between the site surface water sewer system and the public sewer system has been submitted to and approved in writing by the planning authority. The details shall include confirmation that Scottish Water accept the proposed new connection. Otherwise, unless otherwise agreed in writing with the planning authority, no unit shall be occupied unless all drainage works detailed in the approved Drainage Assessment (146472 DA01 (Rev.7) and drawing 146472/2200 (Rev.F) produced by Fairhurst (or such other drawing approved for the purpose) have been installed in accordance with the approved details and is available for use.

 

Reason – to safeguard water quality, prevent flooding and ensure that the proposed development can be adequately drained.

 

On a division, there voted :- for the motion (4) – the Convener and Councillors Blake, Boulton and Farquhar – for the amendment (6) – the Vice Convener and Councillors Alphonse, Cooke, Copland, Clark and McRae.

 

The Committee resolved:-

to adopt the amendment and therefore approve the application conditionally, subject to a legal agreement and with amended conditions 10 and 12.