Minutes for Development Management Sub Committee meeting, Sep 3 2009, 10.00AM official page

The Convener opened the meeting with the following statement:- “The first meeting of this Development Management Sub Committee is also the first meeting of a committee dealing with planning applications since the introduction of the new planning legislation on 3^rd August, 2009.   We are now dealing with a very different planning system but I would remind all Members of the Sub Committee that the modernisation of the planning system reinforces the importance of the Development Plan (the Structure Plan and Local Plan) and the fact that decisions should be made in accordance with these plans unless material planning considerations dictate otherwise.

The new system introduces a hierarchy of applications – national, major and local developments – and sets down different procedures for dealing with applications in the different categories.   The vast majority of applications dealt with by the planning authority will fall within the local development category and all planning applications on the agenda for today’s meeting are in that class.   The hierarchy only applies to applications for planning permission so, for example, applications for listed building consent or hazardous substance consent will continue to be dealt with as previously.  

At the Council meeting on 19^th August, the new Scheme of Delegation was formally adopted having been approved earlier in the year by the Scottish Ministers.  The new Scheme permits the appointed officer to both approve and refuse a wide range of proposals which fall into the category of local development.   Contrary to the arrangements in place before the changes were made, the new planning system now directs whether applications (in the category of local development) will be dealt with under the Scheme of Delegation or by means of a report to this Sub Committee.   In the case of those applications which fall into the category of major development, however, local Ward Members will continue to be consulted on whether delegated powers should be used but only in those cases where the proposal conforms with adopted policies, no representations have been received and the Head of Planning and Infrastructure is of a mind to recommend approval of the application.  

The other very significant change to the modernised planning system relates to the introduction for the first time of a local review process.   The situation is now that if an applicant whose application is determined under the Scheme wishes to challenge a refusal decision or the imposition of an unwanted condition, he can do so within the new system by requesting a review of that decision by the Local Review Body and no longer has to appeal to the Scottish Ministers in Edinburgh.   The Local Review Body of Aberdeen City Council, as agreed by the former Planning Committee, will comprise a Chair, who will be the Convener/Vice-Convener (whom failing) and two ordinary Members selected on a rota basis.  Training for Members on the workings of the Local Review Body will be arranged shortly.   Only applications dealt with under the Scheme can be the subject of local review, however,  and in all other cases the applicant will still have to appeal to the Scottish Ministers as at present.

The time limit for the lodging of a request for a review or an appeal has been reduced under the new system from six months to three months and we need to wait to see what, if any, impact that change will have.   The new planning system will include a number of other very significant changes, in particular it is now the duty of the Council (from 3^rd August, 2009) to carry out neighbour notification and indeed there is a new definition of what amounts to “neighbouring land”.   Reports of handling have now to be published on the Council’s website, where planning applications have been published since the start of April.   In addition, applicants have now to notify the planning service when they intend to start to implement a planning permission and also when they complete a development, all of which will help in the monitoring process.   In dealing with certain types of major applications, there will be a requirement for a pre-determination hearing – similar to the Development Plan Departure Hearings the Council, as planning authority, have been holding for a few years now – but the final decision on these applications will require to be taken by the full Council.  

In summary you can appreciate that the new legislation has required significant changes to be carried out to internal processes and a great deal of work to prepare new documentation such as decision notices, neighbour notification forms, acknowledgement letters and procedure notes.   It is obviously a learning exercise for both members and officers and no doubt a very interesting time lies ahead for this Sub Committee.”  

Arising out of the questions put to officers by members of the Sub Committee, on the new planning system, it was agreed that the Head of Planning and Infrastructure would write to the appropriate Minister for clarification on the manner by which and the timetable within which, local authorities would be reimbursed for the additional expenditure incurred in the undertaking of neighbour notification procedures in terms of the new modernised planning system.

The Sub Committee had under consideration the Minute of the Meeting of the Planning (Visiting) Sub Committee held on 4^th August, 2009, the terms of which are reproduced at Appendix A hereto.

The Sub Committee resolved:-

that the terms of the Minute be noted.

Reference Number - 090571

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (090571) seeking planning permission to amend the house type and the positioning of a replacement dwelling at West Hatton Croft, Kingswells, approved under delegated powers in March, 2008 (Reference No. A7/2242).  The report indicated that whereas the application now under consideration represented a departure from the Development Plan by reason of the Green Belt location of the site and the failure of the proposal to comply with Policy 28 of the Aberdeen Local Plan because of its design, which is considered to be out of character with its location, the absence of any letters of representation had in the view of the report author negated the guidance contained within Planning Advice Note 41 – Development Plan Departures, as regards the appropriateness or otherwise of holding a departure hearing. 

The report before members described the proposed dwellinghouse, which the applicant wished to substitute for the replacement house previously approved;  emphasised the suburban character of the building now favoured;  and referred to the intention to create a lay by/driveway at the main entrance and to reduce the amount of hedging along the west boundary adjacent to the road.   The report confirmed the absence of any representations on the application, following advertisement and notification and contained a detailed evaluation of the proposal.   The conclusions arrived at within the report were that although a replacement dwellinghouse for the dilapidated building currently occupying the site would certainly be beneficial in landscape terms, the proposal submitted would not relate to the surrounding area nor to the local vernacular in any way.

The report recommended:-

that the application be refused, on the following grounds:-  (1) That the site lies within the Green Belt which is designed to protect and enhance the landscape setting and identity of urban areas and in which there is a presumption against most kinds of development with only limited exceptions.   The design of the proposed dwellinghouse does not lend itself to this Green Belt location, the design being more urban in nature, which would adversely affect the landscape setting of the City contrary to paragraph 7 of Local Plan Policy 28.   (2) By virtue of the inappropriate design of the dwellinghouse, the proposal fails to comply with paragraphs 2 and 3 of Local Plan Policy 29.   It is considered that the proposed dwellinghouse would have a negative impact on the character and landscape value of the green space network in this location.

The Sub Committee resolved:-

that the application be refused in accordance with the report recommendation.

VARIOUS SITES AND VARIOUS PROPOSALS

The Sub Committee had before it reports which the Head of Planning and Infrastructure had prepared relative to the undernoted applications. 

Each report described the site in question and the proposed development and/or the reason for submission of the application;  made reference to the responses of statutory consultees, relevant policies and guidance and, where appropriate, the representations received, some or all of which were appended to the report;  and concluded by giving an evaluation of the proposal.

In each case, the report recommended:-

that the application be approved with or without conditions or if required in terms of the legislation, referred to the Scottish Ministers with a favourable recommendation.

Reference Number - 090674

The Sub Committee resolved:-

(i)         Auld Hoose, Robert Gordon’s College, Schoolhill, Aberdeen (Category “A” Listed Building) – (one) to indicate a willingness to approve the application (090674) for listed building consent in respect of internal works to remodel rooms involving the removal of non load-bearing walls, subject to the one condition detailed within the report;  and (two) to remit to the Head of Planning and Infrastructure to forward the application together with the detail of the Sub Committee decision thereon, to Historic Scotland for their consideration in terms of the listed building regulations.

Reference Number - 090561

The Sub Committee resolved:-

to approve the application (090947) for planning permission to erect a wooden fence.

Reference Number - 090947

The Sub Committee resolved:-

to approve the application (090977) for hazardous substance consent which will permit the existing consent for the site to be extended to cover the storage of up to 5000m³ of marine gas oil, on the following conditions:-  (1) That all oil tanks shall be located on impervious bases and surrounded by a bund wall or be double skinned.   The capacity of the bunded area should be equal to 110% of the volume of the largest tank or 25% of the total volume of oil which could be stored at any one time, whichever is greater.  (2) The hazardous substance shall not be kept or used other than in accordance with the application particulars provided in the hazardous substances consent application form, nor outside the areas marked for storage of the substance on the plan which formed part of the application.   (3) The consent only permits the storage of substances classed as dangerous to the environment and having a flash point greater than 55 degrees centigrade.

Reference Number - 090977

The Sub Committee resolved:-

having considered the terms of the letter submitted by Cove and Altens Community Council which was tabled at the meeting, to grant the request under Section 64 of the Town and Country Planning (Scotland) Act 1997, for a non-material variation to existing planning consent A8/1620 (formation of an attenuation basin and access road), as detailed within the report.

Reference Number – A8/1620

The Sub Committee resolved:-

having considered the terms of the letter submitted by Cove and Altens Community Council which was tabled at the meeting, to grant the request under Section 64 of the Town and Country Planning (Scotland) Act 1997, for a non-material variation to existing planning consent A8/1620 (formation of an attenuation basin and access road), as detailed within the report.

Reference Number – A8/1336

The Sub Committee resolved:-

to approve the application (A8/1336) for planning permission in respect of change of use from private residence to guest house, subject to the condition that the use hereby authorised shall not take place unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing no. 565.01 of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority and such areas shall not thereafter be used for any other purpose than the parking of cars ancillary to the development and use hereby granted approval.

Reference Number - 090763

The Sub Committee resolved:-

to approve the application (090763) for planning permission in respect of a house extension.

Reference Number - 090882

The Sub Committee resolved:-

to approve the application (090882) for planning permission in respect of the external refurbishment and extension of the existing shopping parade to form an additional unit, on the following conditions:-  (1) That no development shall take place unless construction details of the proposed roller shutter on the south elevation of the new retail unit have been submitted to and approved in writing by the planning authority.   (2) That prior to the occupation of the retail unit, palisade fencing shall be erected and prickly bushes planted at the rear of the premises in accordance with approved plan no. 254989/P/04(B) and subsequently maintained.   (3) That prior to the occupation of the retail unit, the external security lighting on the proposed east elevation as shown on approved plan no.254989/P/04(B) is provided and subsequently maintained.   (4) That, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place:  (a) outwith the hours of 7.00am to 7.00pm Mondays to Fridays;  (b) outwith the hours of 9.00am and 4.00pm Saturdays;  or (c) at any time on Sundays, except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery].   (5) That the new retail unit to be constructed shall not be used as a hot food takeaway facility without a further grant of planning approval in that regard, from the planning authority.

Reference Number - 090849

The Sub Committee resolved:-

(one) to approve the application (090849) for planning permission in respect of a residential development (12 flats) with associated car parking (30 spaces), on the following conditions:-  (1) That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.  The programme of archaeological work will include all necessary post-excavation work and publication work.  (2) That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the planning authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme.   (3) That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing No. 3367 100-Rev A of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority.  Such areas shall not thereafter be used for any other purpose than the parking of cars ancillary to the development and use hereby granted approval.  (4) That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land and details of any to be retained together with measures for their protection in the course of development and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.  (5) That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority.  (6) That except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place:  (a) outwith the hours of 7.00am to 7.00pm Mondays to Fridays;  (b) outwith the hours of 9.00am to 4.00pm Saturdays;  or  (c) at any time on Sundays, except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery].  (7) That none of the units hereby granted planning permission shall be occupied unless the cycle storage facilities as shown on drawing no. 3367-100-Rev A, or on any other such drawing as has been submitted to and approved for the purpose by the planning authority, have been provided.  (8) That no development shall take place until such time as a scheme for the re-use of the granite from existing boundary walls has been submitted to and approved for the purpose by the planning authority and that thereafter the development shall be carried out in accordance with the scheme as agreed.  (9) That no development, other than the demolition of buildings and site clearance works, shall take place unless a report of a survey investigating possible contamination of the site has been submitted to and approved in writing by the planning authority.  The survey shall be a detailed quantative site investigation and shall be conducted according to current best practice as endorsed by Planning Advice Note (PAN)33 “Development of Contaminated land” and as detailed in BS10175 “Investigation of Potentially Contaminated Sites – Code of Practice”.  The site investigation will be site specific and risk based.  It will be carried out by a suitably qualified person and will identify the measures necessary to ensure appropriate remediation of the site before development can proceed.  (10) That no development shall take place unless provision has been made within the application site for litter disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.  (11) That no development pursuant to this planning permission shall take place unless there has been submitted to and approved in writing for the purpose by the planning authority, an assessment of the noise levels likely within the buildings.  The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the buildings.  The properties shall not be occupied unless the said measures have been implemented in full.  (12) That no development pursuant to this planning permission shall take place, nor shall any part of the development hereby approved be occupied, unless there has been submitted to and approved in writing by the planning authority, a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission.  None of the buildings hereby granted planning permission shall be occupied unless the said scheme has been implemented in its entirety.  (13) That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to and approved in writing by the planning authority and thereafter the development shall be carried out in accordance with the details so agreed;  and (two) to authorise the Head of Planning and Infrastructure to withhold the release of the approval Notice, pending confirmation by the City Solicitor that the Section 75 legal agreement entered into in respect of the earlier grant of planning permission for development on the site, has been varied as necessary to reflect the approval hereby granted.

VARIOUS SITES AND VARIOUS PROPOSALS.   The Sub Committee had before it reports which the Head of Planning and Infrastructure had prepared relative to the undernoted applications.

Each report described the site in question and the proposed development and/or the reason for the submission of the application;   made reference to the responses of statutory consultees, relevant policies and guidance and, where appropriate, the representations received, some or all of which were appended to the report;  and concluded by giving an evaluation of the proposal.

Reference Number - 090466

The Sub Committee resolved:-

(i)         122 Desswood Place, Aberdeen – having heard Councillor Jennifer Stewart as one of the local members, that the application be the subject of a site visit.

Reference Number - 090812

The Sub Committee resolved:-

 (i)        233 Midstocket Road, Aberdeen – having considered a letter of representation from Councillor Laing, as one of the local members, that the application be the subject of a site visit.

MINUTE OF MEETING.   The Sub Committee had under consideration the Minute of the Meeting of Aberdeen City Planning Committee held on 23^rd July, 2009.

The Sub Committee resolved:-

that the Minute be approved as a correct record.

Reference Number A8/1757

EASTER PERSLEY FARM, THE PARKWAY, ABERDEEN – INTIMATION OF APPEAL.   The Sub Committee had under consideration intimation from the City Solicitor that the decision to refuse the application (A8/1757) seeking planning permission for residential development, in the form of two new dwellinghouses and a new access roadway at Easter Persley Farm, The Parkway, Aberdeen, was now the subject of an appeal against that decision to the Scottish Ministers.

The Sub Committee resolved:-

that the appeal be resisted and it be remitted to the City Solicitor to attend to the Council’s interests in the appeal.

DECLARATIONS OF INTEREST

            The Convener and Councillor Milne both declared interests as Directors of the Aberdeen Exhibition and Conference Centre, relative to the matter referred to in the following Article.  In view of the nature of the item and having sought advice from the Committee Services Officer in attendance, neither member considered it necessary to withdraw from the meeting during the Committee’s deliberations thereon.

PLANNING APPEALS PANEL.   The Sub Committee had before it the Minute of the Meeting of the Planning Appeals Panel held on 11^th August, 2009, which Minute was reproduced in full at Appendix B to this Minute.

The Sub Committee resolved:-

that the terms of the Minute be noted.

WORKING GROUPS.   The Sub Committee had under consideration a report prepared by the Corporate Director for Resources Management which related to the Working Groups and/or Sub Committees which operated within the remit of the former Aberdeen City Planning Committee and whose continued existence fell to be the subject of a review by the new Development Management Sub Committee.  The report before members considered the continuation of the Planning Appeals Panel and the Planning (Visiting) Sub Committee in the context of that review. 

The report recommended:-

that the Sub Committee –

(a)       consider the relevant Working Groups and Sub Committees and determine which of these, if any, should be wound up;

(b)       for those remaining, to agree any renaming;  and

(c)        agree also the membership and composition, if required.

As regards the Planning Appeals Panel, the unanimous view of the Sub Committee was that it should retain its name and continue to function as the link between the elected members discharging the responsibilities of the Council as planning authority and the specialist legal team charged with representing the Council’s interests at planning appeals.  The benefits of planning visits were also recognised by the Sub Committee who agreed that the opportunity for members to consider a development proposal on the ground was a valuable tool in coming to a balanced judgement on a particular application.  The members did, however, agree with the Convener that given the size of the Development Management Sub Committee (11 members), future planning visits should be conducted by all members on the understanding that substitutes could be appointed. 

The Sub Committee resolved:-

(i)         that the Planning Appeals Panel be continued in its present form (five members) and with its current powers, the membership to be the Convener as Chair and Councillors Clark, Cormie, Milne and one other representative from the Labour Group on the Council;  and

(ii)        that a separate “Visiting Sub-Committee” was no longer necessary and, in future, all planning visits would be conducted by the full Development Management Sub Committee.

PLANNING DIGEST.   The Sub Committee had under consideration the latest Planning Digest prepared by the Head of Planning and Infrastructure which advised with regard to the outcomes of recent planning appeals. 

The Digest indicated (one) that the appeal against refusal of the application (A8/1338) seeking planning permission to erect a 12.0 metre high streetworks telecommunications monopole on the footpath adjoining Westburn Drive, Aberdeen adjacent to the Westburn Park, had been upheld by the Reporter who felt that although the mast would be seen by pedestrians and drivers and also users of the Park, the mast would not protrude excessively above existing tall streetlight columns or tall mature trees growing nearby to the extent that it would adversely affect the visual amenity of the area and nor would the development have an adverse impact on the character of the adjoining conservation area in respect of which the mast was well removed from both the listed Westburn House and the domestic scale architecture of Rosemount;  (two) that the appeal against refusal of the application (A8/0877) for planning permission in respect of a proposal for the conversion of commercial premises at 11-13 Balmoral Terrace, Aberdeen, to form six flats, had been upheld with the Reporter in that case disagreeing totally with the planning authority’s concerns about the design and scale of the building, its potential impact on the existing cottages and the implications for on-street parking in the surrounding area, all of which matters it was felt would either impact positively on the area or would have little or no adverse effect;  and (three) that the appeal against refusal of the application (A8/0913) for planning permission to demolish the existing dwellinghouse at 288 North Deeside Road, Cults and to erect two new townhouses on the cleared site had also been upheld, with the Reporter on that occasion concluding that notwithstanding the Council’s aspiration to retain the existing granite building, which was neither listed nor in a conservation area, it was not within the scope of planning powers to prevent its demolition and given that the scale and massing of the replacement building would be very similar to adjacent buildings, that the materials to be used would not detract from the appearance of the area and that the impact on the neighbouring property would be within acceptable limits in an urban situation, the proposal was acceptable subject to appropriate conditions.

The Sub Committee resolved:-

that the terms of the Digest be noted.

TREE PRESERVATION ORDER NO. 208 (41 HILLVIEW ROAD, CULTS) – CONFIRMATION.   The Sub Committee had under consideration a report by the Head of Planning and Infrastructure which advised of the making, under delegated powers, of Tree Preservation Order No. 208 in respect of a number of trees growing within the garden grounds of 41 Hillview Road, Cults, which together with other trees in the same part of the street were considered by officers to form a distinct landscape feature and to make a positive contribution to the amenity value of the locality. 

The report before members had annexed a plan of the site and made reference to the fact that Tree Preservation No. 208 had been made following the receipt of a proposal for extensive and potentially harmful tree surgery, which it was considered did not represent good arboricultural practice.  The report concluded that confirmation of the emergency Tree Preservation Order would ensure that the trees in question could not be removed or worked on, without the express permission of the Council.

The report recommended:-

that the emergency Tree Preservation Order No. 208 (41 Hillview Road, Cults), be confirmed without modification and that it be remitted to the City Solicitor to attend to the procedures for confirmation in respect of that Order.

The Sub Committee resolved:-

that the report recommendation be approved and appropriate officers authorised accordingly.

- KATHARINE DEAN, Convener.