Agenda item

Planning Reference – 211528

 

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 4 of the minute of Planning Development Management Committee of 1 June 2023, whereby it was agreed to hold 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 a residential development of 77 units comprising 44 houses and 33 flats (6 storey block), associated roads and parking, drainage infrastructure, open space and landscaping at the site of the Former Treetops Hotel, 161 Springfield Road, Aberdeen, be approved conditionally and subject to a legal agreement:-

 

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 Arboriculture Impact Assessment 9791 (V9) and drawing 374593-GIS006 (Rev.B) (dated 11 August 2022) by Envirocentre have been implemented. Thereafter the fencing shall remain in place for the duration of construction of the development.

 

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

·       Location and design of general and dog waste bins

·       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 retention of the stone wall along the Springfield Road boundary, taking account of the new junction and closure/amendment of the existing openings, with reinstatement of the wall where appropriate.

 

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)  PROVISION OF PATH TO COUPER’S POND

 

No development shall take place unless a detailed specification for the path link between the site and Couper’s Pond, as generally shown on Halliday Fraser Munro drawing P(00) 302 (Rev.P8), 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 development, including car parks and paths 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 and the block of flats 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 theplanning authority.  Thereafter, unless otherwise agreed in writing with the planning authority, no unit shall beoccupied unless any recommended measures specified within the scheme have beenimplemented 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.

 

(11)  SITE INVESTIGATION REPORT

 

No development shall take place unless it is carried out in full accordance with a scheme to deal with contamination on the site that has been approved in writing by the planning authority.  The scheme shall follow the procedures outlined in Planning Advice Note 33 (Development of Contaminated Land) and shall be conducted by a suitably qualified person in accordance with best practice as detailed in BS10175 (Investigation of Potentially Contaminated Sites - Code of Practice) and other best practice guidance and shall include:

·       an investigation to determine the nature and extent of contamination,

·       a site-specific risk assessment,

·       a remediation plan to address any significant risks and ensure the site is fit for the use proposed.

 

Thereafter, no building(s) on the development site shall be occupied unless –

·       any long-term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority is being undertaken and

·       a report specifically relating to the building(s) has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the building(s) have been carried out, unless the planning authority has given written consent for a variation.

 

The final building on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation.

 

Reason – to ensure that the site is fit for human occupation.

 

PRE-OCCUPATION OF UNITS

 

(12)  DRAINAGE

 

No unit within the development hereby approved shall be occupied unless all drainage works detailed in the approved Drainage Assessment (139685 - DA04 (Rev.2) and drawing 139685/2010 (Rev.B) 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 for that unit the associated driveway has provided, or in the case of the block of flats all parking spaces within the communal car park have been constructed and laid out in accordance with Halliday Fraser Munro drawing P(00)006 (Rev.P3) (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 for that unit have been provided in accordance with Halliday Fraser Munro drawing P(00)302 (Rev.P8) and P(00) 132 (Rev. P5) or such other drawings 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)  CYCLE STORAGE PROVISION

 

No flat within the development hereby approved shall be occupied unless (i) the cycle storage building has been provided in accordance with Halliday Fraser Munro drawing P(00)302 (Rev.P8) and P(00) 132 (Rev. P5) or such other drawings as may be approved in writing by the Planning Authority for the purpose; and (ii) short-stay cycle stands for visitors to the flats and adjacent open space has been provided in accordance with details to be submitted to and approved in writing by the planning authority.

 

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

 

(16)  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.

 

ON-GOING REQUIREMENT

 

(17)  FLOOD PREVENTION

 

The design levels for the site for the spillway channel and overland flow pathway will be set in accordance with drawing 139685/2903 (Rev. A) (or such other drawings as may be approved in writing by the Planning Authority for the purpose) and finished floor levels for the block of flats (plots 45 – 77) will be a minimum of 68m AOD. This spillway and overland flow pathway will be maintained in perpetuity for the lifetime of the development.

 

Reason – To reduce any residual flood risk resulting from exceedance, or breach, of the Couper’s Pond embankment.

 

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 Committee then heard from Mr Ray Grant and Mr Michael Crawford, who both objected to the application. 

 

The Committee then heard from Councillor Martin Greig, local member for the application, and also objected to the application.

 

The Convener moved, seconded by Councillor McRae:-

that the application be approved in line with the officer recommendation, with an amended condition 10 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.

 

Councillor Boulton, moved as amendment, seconded by Councillor Cooke:-

that the application be deferred to allow the applicant to address the following issues:-

-          with the height and visual impact and privacy issues associated with the proposed flats by way of reduction in height by approximately 2 storeys; and

-          investigate addition of a pedestrian crossing on Countesswells Road.

 

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

 

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally subject to a legal agreement, with an amendment to condition 10.

-          Councillor Dell Henrickson, Convener