Minutes for Development Management Sub Committee meeting, Oct 1 2009, 10.00AM official page

The Sub Committee had before it, for approval as a correct record, the Minute of its Meeting on 3^rd September, 2009.  

The Sub Committee resolved:-

that the Minute be approved.

The Sub Committee had before it, for approval as a correct record, the Minute of its Meeting on 10^th September, 2009.

The Sub Committee resolved:-

that the Minute be approved.

PLANNING APPLICATIONS WHICH ARE THE SUBJECT OF WRITTEN REPORTS

DEVELOPMENT PLAN DEPARTURES

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (090141) for planning permission to erect a Nursing Home and eight Constant Care Flats on a site extending to 1.19 hectares lying to the north of Airyhall House, Craigton Road, Aberdeen.   The application was being processed as a departure from the Development Plan by reason of the Green Belt designation of the site.  

The report described the site and the proposed development;  indicated that the building proposed would be two storeys high with a pitched roof, would be of an irregular shape (four wings of varying lengths extending out at 45^o angles from a central core) and would contain sixty beds;  indicated further that the proposed Constant Care Unit would be located within that part of the site lying within the wooded grounds of Airyhall House, would also be two storeys high with pitched roof and would comprise eight flats each containing two bedrooms;  advised that a new vehicular and pedestrian access would be formed from Craigton Road, to be located in the northwest corner of the site and leading to a car parking area containing thirty-six spaces;  and confirmed that the proposal required a slight re-alignment of the south side of Craigton Road, across the frontage of the site.   In dealing with the responses from consultees, the report author made reference to the views expressed by Council roads officers, Council environmental health officials and the local Community Council who had lodged a formal objection on the basis that the development proposed would have a direct impact on neighbouring residents by reason of its visual impact on the surrounding area, the increased traffic that would be generated, the environmental consequences of the development such as increased noise, CO² emissions, loss of Green Belt and loss of a community resource which is popular with residents as an informal recreational area and for dog walking.   The report further identified the main concerns raised within the many (113) letters of representation received from and on behalf of members of the public.  

The relevant planning policy considerations were identified within the report, which included a reference to the fact that the site was located within the Green Belt where there was a presumption against development other than that essential for agriculture, forestry, recreation, mineral extraction or restoration or land renewal.   The report also referred to the protection afforded land, part of the Green Space Network, against development likely to destroy or erode the character or function of such areas.   As regards the national guidance available, the report identified the requirement in terms of Planning Advice Note 41 – Development Plan Departures (PAN – 41), for planning authorities to consider in the first instance whether a departure hearing would be appropriate or not.

The report recommended:-

that because of the large number of letters of representation lodged and the material nature of the issues raised, a departure hearing in accordance with PAN – 41 be held.

The Sub Committee resolved:-

that the recommendation that a hearing be held, be adopted and it be remitted to the Convener, in consultation with the Head of Planning and Infrastructure and the Head of Democratic Services, to make the necessary arrangements.

Reference was made to Article 6 of the Minute of Meeting of Aberdeen City Planning Committee on 23^rd April, 2009, at which time there was under consideration a report by the Head of Planning and Infrastructure on the application (A8/2011) seeking outline planning consent for a replacement farmhouse on an area of rough ground at Little Eddieston, Peterculter and in respect of which, because of the Green Belt designation of the site, the guidance contained within Planning Advice Note 41 – Development Plan Departures (PAN – 41) was considered.   The resolution of the Committee at the time was that a Departure Hearing in accordance with PAN – 41 would not be appropriate in this case and that it be remitted to the Head of Planning and Infrastructure to prepare a further report on the application containing a full evaluation of the proposal and a recommendation for its determination.   The Committee now had before it the further report requested.

The report again described the site, the surrounding countryside and the development proposal which it was stated would not in fact be a replacement farmhouse but an entirely new additional dwellinghouse on the farm;  indicated that approval in principle only was being sought in respect of the development, with no detail provided as regards the size or design of the new house;  confirmed, however, that a site plan provided did indicate that the house would be situated (approximately) some 60m back from the road and where access would be taken;  and advised that the application was supported by a consultant’s report which set out the farming policy at Little Eddieston, the associated labour requirements and the current position as regards housing on the farm.   The report contained the views expressed by statutory consultees, of whom the local Community Council had lodged an objection on the grounds that no case for an additional house had been made, that the proposal was contrary to Green Belt policy and, if granted, would set an undesirable precedent.   The relevant planning policy considerations were also identified as a result of which the conclusion of the report author was that the proposal was contrary to the Development Plan, with no clear need being demonstrated to justify an exception to the policy situation and warrant the grant of a new house which would have the effect of damaging the Green Belt and the landscape setting of the city.  

The report recommended:-

that the application be refused, on the following grounds:-  (1) That the proposal, if approved, would be contrary to and undermine the principles of controlling development and preventing sporadic housing in the green belt leading to the erosion of the character of these areas as expressed in Policy 28 ‘Green Belt’ of the Aberdeen Local Plan and Scottish Planning Policy 21 ‘Green Belts’, by reason of allowing a new house where the farmland and original farmhouses and associated buildings have been separated and occupied/operated independently.   (2) That the proposal, if approved, would be contrary to the terms of Policy 28 ‘Green Belt’ of the Aberdeen Local Plan by reason that the applicant has failed to demonstrate that the proposed house is required to provide residential accommodation for an essential agricultural worker who must be housed immediately adjacent to his place of employment or that there is a proven local economic need for the house.  (3) That the proposal, if approved, would be contrary to Policy 28 ‘Green Belt’ and Policy 31 ‘Landscape Protection’ of the Aberdeen Local Plan and the guidance set out in PAN 72 ‘Housing in the Countryside’ by reason of the inappropriate siting of the house and excessive size of the plot, both of which would be detrimental to the character and appearance of the green belt and the landscape setting of the City.  (4) That the proposal, if approved, would set an undesirable precedent for applications of a similar nature which would result in the proliferation of sporadic housing in the Green Belt, leading to the erosion of the character of such areas and adversely affecting the landscape setting of the City.

The Sub Committee resolved:-

to refuse the application in accordance with the report recommendation.

WHERE THE RECOMMENDATION IS ONE OF APPROVAL

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.

The Sub Committee resolved:-

(i)         Aberdeen Royal Infirmary, Foresterhill Road, Aberdeen (West Boilerhouse site) – (one) to approve the application (A8/2015) for planning permission in respect of a proposal to demolish the existing boilerhouse and to construct a new energy centre, on the following conditions:-  (1) That no development pursuant to this planning permission shall take place unless a detailed site specific construction method statement has been submitted to and approved in writing by the planning authority.  The method statement must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS.  Such statement shall be implemented in full for the duration of works on the site.  (2) That no development shall take place unless a Site Waste Management Plan has been submitted to and approved in writing by the planning authority as part of the Construction Method Statement.  This plan shall detail the measures for minimising waste production and managing waste generation during the construction stage of development.  The plan shall thereafter be implemented as agreed.  (3) That the development hereby granted planning permission shall not be occupied unless all drainage works in the document ‘NHSG Energy Centre Aberdeen Drainage Proposals’ produced by Mott McDonald Ltd. and dated July 2009 or such other plan as may subsequently be approved in writing by the planning authority for the purpose, have been installed in complete accordance with the said plan.  (4) 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 to and approved in writing by the planning authority and any such scheme as may have been approved has been implemented.  (5) That no development pursuant to the planning permission hereby approved shall be carried out and the use hereby authorised shall not take place unless there has been submitted to and approved in writing for the purpose by the planning authority a 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.  (6) 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.  (7) That the biomass boiler shall only be operated using clean wood chips that comply with a recognised fuel standard such as CEN/TS 14961 ‘Solid Biofuels – Fuel Specifications and Classes’.  Prior to the biomass boiler becoming operational a statement shall be obtained from the fuel supplier and submitted to the local authority specifying the quality of wood chips used in the biomass boiler and the fuel specification in accordance with CEN/TS 14961.  (8) That prior to the biomass boiler becoming operational a written schedule of maintenance for the biomass boiler shall be submitted to the local authority.  The schedule shall include removal of ash, inspection and maintenance of particulate arrestment equipment, boiler servicing and stack cleaning.  (9) That the energy centre shall not become operational unless the mitigation measures outlined in the document ‘NHS Grampian Energy Centre, Noise Impact Assessment’ dated December 2008 and produced by Mott McDonald Ltd. have been implemented in full.  (10) 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];  and (two) to request the Head of Planning and Infrastructure to consider the making of a Tree Preservation Order in respect of the mature trees growing along the boundary of the site with Westburn Road and to report thereon to the Sub Committee in due course.  

(ii)        Hill of Tramaud, Shielhill, Aberdeen – to approve the application (090945) for consent to vary condition (1) of planning permission A3/0276 (completion and restoration of existing landfill site involving temporary access road from B999) in order to extend the duration of landfill operations for a period of eighteen months, ie. until 15^th June, 2011, subject to the condition that no waste shall be deposited on the site after 15^th June, 2011 and all buildings, plant and machinery, except such as are necessary for the monitoring, restoration and aftercare of the site and the collection of landfill gas, shall be removed within one month of that date.

(iii)       Site 67/85 Howe Moss Avenue, Kirkhill Industrial Estate, Dyce – to approve the application (090019) for permission to store hazardous substances on land the subject of the application, on the following conditions:-  (1) The bund containing the vessels holding toxic substances shall have the dividing wall in the revised position between tanks T004 and T005 as indicated on drawing BAK21-000002-AB-CA-GL-001(Rev.P2).  Toxic substances shall not be kept in vessels T005, T006 and T007.  (2) The hazardous substances shall not be kept or used other than in accordance with the application particulars provided in the hazardous substances consent application form and none shall be kept outside the areas marked for storage of the substance on the plan which formed part of the application.

(iv)       21-23 High Street, Old Aberdeen – to approve the application (A8/0957) for planning permission in respect of proposals to re-build the upper section of the rear common gable of the building on High Street, to re-instate the pantiled roof, to install new windows and to carry out repairs to other buildings at the rear, on the following conditions:-  (1) 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, together with samples of materials, to and approved in writing by the planning authority and thereafter the development shall be carried out in accordance with the details so agreed.  (2) That no development pursuant to this application shall take place unless samples of the existing bricks and roof pantiles have been submitted to the planning authority.  (3) That no development shall take place within the application site unless details of the sash and case windows hereby approved have been submitted to and approved in writing by the planning authority and thereafter the windows shall be constructed in full accordance with the detailed vertical and cross section(s) submitted and approved and that the visible part of the outer sash box or frame of the windows so submitted and approved shall not exceed 25mm in width at the top and sides of the window opening with the remainder of the sash box or frame being concealed behind the masonry window check.  (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 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].

(v)        21-23 High Street, Old Aberdeen (Category “B” Listed Building) – (one) to indicate a willingness to approve the application for listed building consent in respect of proposals for the re-building, repairing and removal of different parts of the structure, subject to the four conditions identified 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 of the proposals in terms of the listed building regulations.  

(vi)       171 George Street, Aberdeen – to approve the application (091119) for planning permission for change of use of part of the existing adult gaming centre to form a betting shop, subject to the condition that the use hereby granted planning permission shall not take place unless provision has been made within the application site for litter disposal and, if appropriate, recycling facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority.  

(vii)      18 Netherkirkgate, Aberdeen – to approve the application (091118) for planning permission for change of use of part of the existing adult gaming centre to form a betting shop, subject to the condition that the use hereby granted planning permission shall not take place unless provision has been made within the application site for litter disposal and, if appropriate, recycling facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority.  

(viii)     The Galleria, Bon Accord Street, Aberdeen – (one) to defer consideration of the application (A8/1693) for planning permission in respect of a proposal to create a pavement café area with removable rope stand/banner partition, to be used in conjunction with the operation of ground floor bar unit within the Galleria Centre, and (two) to visit the site.

FARBURN TERRACE, DYCE – ILLUMINATED SIGN.    The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091230) for permission in respect of the erection of an illuminated sign on the south facing elevation of the new hanger building at Farburn Terrace, Dyce, the sign to comprise individual letters spelling the word “BOND”, each letter being 2.1 metres high and the total sign extending to some 8.9 metres in width.   The illumination of the sign would be steady and would be provided by four floodlights mounted above the letters.  

The report before members identified Policy 81 (Aberdeen Airport) as the relevant Local Plan Policy against which the application would fall to be assessed;  advised that the only letter of representation received was from the local Community Council who objected to the application on the basis that the proposed sign was inappropriate for a residential street as it would have an adverse effect on visual amenity and would create light pollution, especially at night;  and confirmed that in accordance with the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, the planning authority was obliged to consider the suitability or otherwise of the site for the purpose proposed from the point of view of the general character of the area and the potential impact on public safety.   The report evaluation emphasised the airport’s general dominance of the surrounding area and the light industrial and office uses present nearby, all of which had an adverse effect on the residential character of the street being referred to by the local Community Council.   The report also made reference to the scale and design of the sign, which given the size of the building involved was regarded as entirely acceptable and also emphasised the fact that the sign was to be positioned on the south elevation ie. facing away from the nearest dwellinghouses which were some 45 metres to the north of the hanger building.   On the matter of light pollution, the report author indicated the presence of existing street lights, the existing lighting associated with current airport activities and the fact that the Council’s Environmental Health Service had raised no objection, as clearly indicative that the sign would have no adverse impact on the current situation.   The report concluded that the proposed sign would not be obtrusive, would not harm the character of the area, would have no adverse impact on public safety and could be approved.

The report recommended:-

that the application be approved.

The Vice-Convener moved, seconded by Councillor Adam:-

            that the application be approved.

Councillor Penny moved as an amendment, seconded by Councillor Robertson:-

            that consideration of the application be deferred and it be remitted to the Head of Planning and Infrastructure to discuss possible changes to the application which would result in the sign letters only being lit as opposed to the whole side of the hanger building, in the interest of surrounding residential amenity.

On a division, there voted:-  for the motion (6) – the Vice-Convener;  and Councillors Adam, Boulton, Cassie, Collie and John West;  for the amendment (4) – Councillors Cormie, Leslie, Penny and Robertson.  

The Sub Committee resolved:-

that the application be approved.

CASTLEGATE, CASTLE STREET, ABERDEEN – TEMPORARY OBSERVATION WHEEL.    The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (090962) for planning permission to erect a temporary observation wheel on a site within the Castlegate, Castle Street, Aberdeen.   The report indicated that the wheel would be 40m in height, would be mounted on a steel base with raised loading platform (to include disabled access), would be lit by LED lights and would carry thirty glass-sided observation pods.  

The report advised that although no adverse comments had been received from any of the statutory consultees, thirty-five letters of representation had been lodged, only two of which supported the proposal;  highlighted the basis of the concerns being expressed;  indicated the planning policy context against which the application would fall to be assessed, being Policy 49 (Regional Centre) and Policy 50 (City Centre Business Zone) of the Aberdeen Local Plan and the supplementary planning guidance provided within the Castlegate Planning Study of 2002;  and confirmed the main issues involved as being the principle of development, the potential impact upon surrounding properties, the impact on the conservation area and issues relating to public safety.   The report concluded that the proposed wheel would be a welcome addition to the city centre and would encourage people into the Castlegate area.   On the matter of impact on nearby properties and amenity, the report author expressed the view that although there would be some loss of privacy it was not considered to be significant and that the wheel, because of its temporary nature, would have no long term adverse effect on the character of the conservation area.  

The report recommended:-

that the application be approved on the following conditions:-  (1) That the developer shall afford access at all reasonable times to any archaeologists nominated by the planning authority and shall allow them to observe work in progress and record items of interest and finds.   No development pursuant to this planning permission shall take place unless written notification of the commencement date has been given to the Keeper of Archaeology, Aberdeen City Council not less than fourteen days before development commences.   (2) That the observation wheel shall not become operational unless details of any generators to be used to power the observation wheel have been submitted to and approved in writing by the planning authority.   The details must outline the likely levels of noise which would be emitted by the generators.   Thereafter no other generators shall be used to power the observation wheel unless written agreement to a variation has been received from the planning authority.   (3) That the observation wheel shall not become operational unless provision has been made within the application site for litter disposal.   (4) That the observation wheel hereby granted planning permission shall not remain on the site after a period of six months from the date upon which the wheel is first erected on site.   (5) That the observation wheel shall only operate between the hours of 09:00am until 11.00pm daily.   Outwith these hours all generators should be switched off.   (6) That no amplified music or public announcement equipment shall be fitted to, or be in use outwith the observation wheel’s gondolas.   (7) That no floodlighting shall be fitted to or be in use on the observation wheel.   (8) That no development shall take place unless a scheme for external lighting has been submitted to and approved in writing by the planning authority and thereafter implemented in full accordance with said scheme.  

The Vice-Convener moved, seconded by Councillor Collie:-

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

Councillor Boulton moved as an amendment, seconded by Councillor Leslie:-

            (i)         that the application be refused on the ground that the erection of the wheel within the historic Castlegate area would have an adverse impact on the amenity of neighbouring residential properties by reason of the lighting involved and the noise that would be generated later in the evening;  and

            (ii)        that the proposed structure would have a detrimental effect on the appearance of the Castlegate, an important area of the city centre in heritage terms.

On a division, there voted:-  for the motion (8) – the Vice-Convener;  and Councillors Adam, Cassie, Collie, Cormie, Penny, Robertson and John West;  for the amendment (2) – Councillors Boulton and Leslie.  

The Sub Committee resolved:-

that the application be approved in accordance with the terms of the successful motion.

10 CLUNIE PLACE, ABERDEEN – CHANGE OF USE TO HOT FOOD TAKEAWAY.    The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091241) seeking consent for change of use of the existing betting shop premises at 10 Clunie Place, Aberdeen, to use as a hot food takeaway facility.

The report before members described the location of the premises as one of six similar retail units forming the ground floor of a two storey property containing residential flats at the upper level;  referred to the proposal for change of use which included no detail as to the likely occupier, the opening hours or the manner by which cooking odours would be dissipated;  and advised of the views of statutory consultees of whom the Council’s Environmental Health Service felt it could not support the application because of grave concerns regarding likely odour nuisance affecting the flats above the units and nearby housing and, also, the local Community Council had lodged a formal objection on the ground that the proposal would give rise to noise disturbance, litter nuisance and odour nuisance to the detriment of local residential amenity.    The report also indicated that six letters of objection and one petition (17 signatures) had been lodged against the application, the concerns expressed being similar to those identified by the Community Council along with others.  

As regards the policy context against which the application would fall to be assessed, the report identified Policy 40 (Residential Areas), Policy 8 (Design and Policy Guidance) and Policy 64 (District and Neighbourhood Centres) as well as the Council’s own Hot Food Takeaway Guidance, which contained a presumption against the location of hot food shops immediately adjacent to residential areas where levels of amenity would be at risk from disturbance and cooking odours.   In the absence of any detail within the application of how cooking odours would be dealt with, it was felt that the application could not be properly assessed.  The report confirmed that a request for the additional information in relation to the filtration of odours had been made but no response received.   In all the circumstances, therefore, it was not considered appropriate to deal with the missing information by way of a suspensive condition as it was fundamental to the assessment of the application.  

The report recommended:-

that the application be refused, on the following grounds:- (1) That the proposal would have an adverse effect on the residential amenity of the area by reason of the potential for odour and noise nuisance to surrounding residential properties, contrary to Policy 40 (Residential Areas) of the Aberdeen Local Plan.  (2) That the proposal would be contrary to the Council’s Guidance on Hot Food Takeaways as it proposes such a use in premises where there is residential property above.

The Sub Committee resolved:-

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

The Sub Committee had before it the latest Planning Digest prepared by the Head of Planning and Infrastructure, which advised of the outcome of a recent planning appeal.

The Digest indicated that the decision to refuse the application (A8/1619) seeking planning permission in respect of a proposal to erect two new dwellinghouses at Whiterashes, Kingswells, had been overturned on appeal with the Scottish Government Reporter taking the view that the unkempt appearance of the land was to the detriment of local amenity which would be better served by a well tended garden;  deciding that there was nothing to suggest that the proposal did not comply with Policy 40 (Residential Areas) of the Aberdeen Local Plan;  and determining that Policy 4 (Protection of Urban Green Space) was not relevant in this instance.

The Sub Committee resolved:-

that the Digest be noted.

-  CALLUM McCAIG, Vice-Convener.