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

MINUTES OF PREVIOUS MEETINGS

The Sub Committee had before it, for approval as a correct record, the Minute of Meeting of the Development Management Sub Committee held on 29^th October, 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 Meeting of the Development Management Sub Committee held on 5^th November, 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 (090737) for planning permission in respect of the redevelopment of the former Copper Beech Public House site at Auchinyell Road, Aberdeen for use for social housing purposes with the erection thereon of thirty-five flats in two blocks, one of which (at the front of the site) would contain fifteen flats over three storeys and the other (at the rear) would contain twenty flats over four storeys.  The report indicated that the application was being processed as a departure from the Development Plan because of the zoning of part of the site as Urban Green Space and Green Space Network and in respect of which there was a general presumption that such areas would be retained rather than developed.

The report before members contained a description of the site and the surrounding area;  made particular reference to the existence, on land to the north of the site, of a small area of woodland containing approximately seventy trees, of which some (twenty-seven) were located within the application site;  indicated that parking provision in the form of twenty-eight spaces (including two disabled spaces) formed part of the proposal;  and explained that vehicle access to the site and the parking spaces would be from Auchinyell Road, by means of a new entrance. 

The views of statutory consultees, none of whom had raised any objection, were outlined within the report as were the concerns expressed in the twenty letters of objection lodged by neighbouring residents.  The relevant policies and guidance were referred to in the report, in particular the guidance contained within Planning Advice Note 41 – Development Plan Departures, which required the Council in the first instance to decide whether a departure hearing in accordance with that guidance, would be appropriate in this case. 

The report recommended:-

that in view of the high level of local interest and also the wide range of issues being raised, a departure hearing in respect of the development proposed, 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 all necessary arrangements for such a hearing.

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091013) for planning permission for a retail nursery (garden centre), with associated car parking and a managers dwellinghouse and garage, on a site extending to some 2.78 hectares at East Middlefield, Kingswells.   The report indicated that the application was being processed as a departure from the Development Plan by reason of the Green Belt and Green Space Network designation of the site within the Aberdeen Local Plan, approved in 2008 and the presumption against development in such areas except in certain limited circumstances. 

The report before members contained a description of the site, the surrounding uses and the proposed method of access from the A944;  described also the proposal under consideration which would involve the erection of a single storey nursery building some 7.0 metres in height with a café in the attic space and a fully-glazed greenhouse linked to the south elevation;  dealt with the proposed finishes to the building and the fact that it would be centrally located on the site with an associated service yard/storage area positioned to the north and car parking for forty-seven cars sited to the west;  and made reference to the letter lodged in support of the application which advised that the proposed operator would be Ben Reid and Company, who currently operate from a green belt location at Countesswells Road, not far from the application site.  The initial views of the statutory consultees were detailed within the report which advised that local roads officers, who had received road safety audit information and road layout plans, were unconcerned that the impact on the roads network would be significant when compared with the development proposal for which outline planning approval had been granted earlier in the year (horticultural nursery with car park and ancillary retail outlet) and would have no objection to the application provided the improvements agreed to be carried out as a condition of that approval, were also implemented in this case.  The fact that formal objections had been lodged by (one) Scottish Environment Protection Agency (SEPA), in relation to the foul drainage arrangements proposed and also by (two) Cults, Bieldside and Milltimber Community Council, because of concerns about the scale of development, the unspecified range of retail goods that could be sold from the Centre and the threat that the proposal could lead to coalescence/urban sprawl, light and noise pollution, was also highlighted within the report.  In addition to the matters referred to above, the report indicated that a further seven letters of objection had also been received and highlighted the various concerns contained within those letters. 

Having identified the various planning policy and guidance considerations arising, the report indicated that although the inclusion of a retail use as part of the development meant that the proposal was not included within the categories of development specified within the Local Plan as being generally acceptable in the green belt, because of the type of use, the scale of building and the previous planning history, the proposed development was not regarded as being a significant departure from that Plan.   In those circumstances, coupled with the fact that the level of public interest in the application was limited, a hearing in terms of the guidance contained within Planning Advice Note 41 – Development Plan Departures, was not considered necessary by the report author. 

The report recommended:-

that no departure hearing be held and it be remitted to the Head of Planning and Infrastructure to prepare a final report on the application for consideration by the Sub Committee at a future meeting.

The Sub Committee resolved:-

that the report recommendation be adopted.

The Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091090) for planning permission in principle to erect a new dwellinghouse on a site at North Lasts Farm, Peterculter.  The report confirmed that the application was being processed as a departure from the Development Plan by reason of the Green Belt designation of the site.

The report contained a description of the site and the surrounding area together with a brief description of the application proposal;  indicated that the applicant had submitted a Supporting Statement with his application and also a report setting out the existing and proposed agricultural activities and associated labour requirements at North Lasts Farm;  and outlined the recent planning history of the Farm where permission for the conversion of the steading building to four houses had been granted in 2002, permission for a new house had been refused in 2003 and an Agricultural Notification for a hay/straw and general storage building had been lodged with the Council in June, 2009.  As regards the responses from the statutory consultees, the report advised of concerns expressed by roads officers relative to the sharing of the access with a working quarry and from the point of view of sustainable accessibility, with the site being located some considerable distance from any public transport links and being a very difficult experience from a cycle and pedestrian point of view;  advised also of the view expressed by the local Community Council who agreed that a new farmhouse would be reasonable but only if a case was made that there was a need for accommodation at the farm for agricultural purposes;  and confirmed that despite its proximity to the Shell and BP pipeline, no objections on safety grounds had been raised.  Also referred to by the report author were the concerns raised within the four letters of representation received. 

The report proceeded to identify the planning policy and guidance considerations arising, in particular the guidance contained within Planning Advice Note 41 – Development Plan Departures; and considered the need in terms of that guidance, for a departure hearing in this case.  

The report recommended:-

that in view of the robustness of the Green Belt Policy within the Local Plan and the low level of public interest in the application, a departure hearing be not held and it be remitted to the Head of Planning and Infrastructure to prepare a final report on the application for consideration by the Committee at a future meeting.

The Sub Committee resolved:-

that the report recommendation be approved.

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091209) for planning permission for a change of use of land at Mill of Dyce, Dyce which is currently in general industrial use, to use as a car park aimed specifically at airport related traffic.  The report indicated that the application was being processed as a departure from the Development Plan because of the Green Belt designation of the site within the Aberdeen Local Plan, coupled with the non-conforming nature of the use being proposed. 

The report described the site and its location near Aberdeen Airport;  gave a brief overview of planning applications lodged in respect of the site over a number of years, which included refusal of an application in June 2007 which sought a similar change of use;  also gave a brief description of the development proposal the subject of the current application;  advised of the views expressed by statutory consultees, including those of local authority roads officers who had not objected to the application;   and highlighted the various points raised within the three letters of representation received from local residents, which included concerns about disturbance from vehicle movements at unsociable times, the quality of the access road and the history of flooding at the site.  In identifying the relevant policy and guidance pertinent to the consideration of the application, the report concluded (one) that the proposal constituted a departure from the Development Plan such that, in the first instance and in accordance with the guidance contained within Planning Advice Note 41 – Development Plan Departures, consideration required to be given as to whether a departure hearing in accordance with that guidance would or would not be appropriate in this case;  (two) that in view of the recent adoption of both the current Local Plan (2008) and Structure Plan (2009), the policies against which the application fell to be assessed were up to date and relevant to determination of the application;  and (three) that the consultations with other agencies had raised no major issues nor had major issues be raised within the three letters of representation received. 

The report recommended:-

that in all the circumstances, a departure hearing would not be appropriate in this case.

The Sub Committee resolved:-

that the recommendation that no hearing be held be adopted and it be remitted to the Head of Planning and Infrastructure to prepare a final report on the application for consideration at a future meeting of the Sub Committee.

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:-

to approve the application (090453) for planning permission for the erection of a dwellinghouse with integral garage and involving the construction of a new access, on the following conditions:-  (1) That all tree planting comprised in the “New Tree Schedule” on Drawing No. J018/05C 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.   (2) That no works whatsoever on the construction of the house hereby approved shall take place unless the proposed access to the site, as shown on Drawing No. J018/05C, has been formed and surfaced in tarmac or similar material from where it joins Dalmuinzie Road for a distance of 10.0 metres into the site.   (3) That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the application and approved by the planning authority.   (4) That the house hereby granted planning permission shall not be occupied unless the drainage measures for the site shown on Drawing No. 79978/200 have been implemented in full.

to approve the application (091571) for retrospective planning permission in relation to the construction of a parking area to the front of the building containing three spaces, involving the erection of stainless steel lighting bollards and the lowering of the boundary wall with Victoria Grange to a height of 1.0m to improve visibility, subject to the condition that the car parking area hereby granted planning permission shall be constructed, drained, laid-out and demarcated in accordance with drawing number IJD/08002/03A 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. 

to approve the application (091440) for planning permission to split the feu and to erect to the north of the existing bungalow, a new detached pharmacy shop with associated car parking, on the following conditions:-  (1) 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. 09/ARR/02/05/B 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.  (2) 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.   (3) 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.   (4) 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.

to approve the application (091325) for planning permission to erect two lifesize sculptures on stainless steel plinths (approximate total height of 10m).

(one) to indicate a willingness to approve the application (091231) for listed building consent in respect of the fitting out of the existing shop unit, involving a new shop front;  and (two) to remit to the Head of Planning and Infrastructure to forward the application to Historic Scotland for its consideration in terms of the listed building regulations.

having been advised by the Convener of the content of an e-mail from one of the local members (Councillor Malone), to defer consideration of the application (A8/2045) for planning permission in respect of a proposal to erect two sustainable detached dwellinghouses with detached garages within generous wooded plots;  to agree to visit the site to consider the application;  and to note the content of the application report meantime.

having heard Councillor Jaffrey as one of the local members, to defer consideration of the application (091423) for planning permission in respect of a proposal to increase the height of storage cabins on the boundary, from 1.8m (being the limit set down within the current planning consent) to 2.6m;  to agree to visit the site to consider the application;  and to note the content of the application report meantime.

to approve the application under Section 64 of the Town and Country Planning (Scotland) Act 1997 and agree a non-material variation in respect of the application A7/2236 (office and laboratory accommodation with residential) as detailed within the report.

to approve the application under Section 64 of the Town and Country Planning (Scotland) Act 1997 and agree a non-material variation in respect of the application 090116 (residential institution) as detailed within the report.

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 refused.

The Sub Committee resolved:-

at the request of the Convener, to defer consideration of the application (091188) seeking planning permission for the erection of café kiosk;  to agree to visit the site and consider the application;  and to note the content of the application report meantime.

(one) to indicate a willingness to approve the application (090936) seeking listed building consent in respect of proposals to convert the existing boarding house to form four residential flats and involving mostly internal works but also the construction of a replacement dormer window extension within the rear roof area, subject to appropriate conditions to be determined by the Head of Planning and Infrastructure;  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 its consideration under the listed building regulations.

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure which advised members of the level and nature of enforcement activity undertaken by the Planning and Infrastructure Service during the period from April, 2009 until September, 2009, which included an update on cases carried forward from earlier reports.

The report which was the latest in a series of six monthly updates for the Sub Committee on the matter of enforcement action considered and undertaken in response to matters reported to the Council during the period covered, listed the information by a reference to the particular ward of the city in which the property was located and contained an indication of the current status of the matter.  As a summary of the information provided, the report indicated the number of new cases that had been reported or investigated during the six month period covered and whether the matter had been resolved or remained current;  provided the update on cases carried forward from previous reports, i.e. as to whether they had been resolved or were still on-going;  and highlighted the number of formal Enforcement Notices served during the six months, which included the number under preparation with a view to being served.  By way of additional general information for the members, the report made reference to the requirement as part of the modernisation of the planning system, for planning authorities to prepare and publish an Enforcement Charter which would help to explain the role of the Council’s Planning Enforcement Team to the public, in addition to setting priorities in terms of the delivery of an enforcement service;  and confirmed that following the adoption of their Charter by the Council earlier in the year, it was soon to be published on the web-site and made available within public libraries.  It was further confirmed that future enforcement activity would reflect the recommendations contained within the Charter, which was to be reviewed every two years. 

As part of the report, reference was also made to the requirement upon developers to advise the Council as planning authority, of “start dates” and of “completion dates” for works carried out, which had the benefit of alerting the Council to potential breaches of planning control at an early stage when they could take appropriate action.  The introduction of a system for the levying of fixed penalties in respect of certain minor breaches of planning control, was also highlighted within the report although it was made clear that the serving of a fixed penalty notice was only intended to be used as an alternative to prosecution through the courts.  The report confirmed that no such notices had yet been served and, indeed, consultation with the Council’s legal staff would be required in advance in order to ensure that such a notice was legally competent and efficient.  The display of site notices by developers in certain circumstances was also highlighted in the context of being yet another task with which local authorities have been burdened as regards its enforcement role, as was the new statutory power under the 2006 Act, to serve notice requiring submission of a planning application retrospectively for development which had already been carried out.  The report concluded with a reference to the global economic downturn and the resultant increased emphasis on the financial implications of enforcement activity and also an increased need to ensure that burdens imposed on developers in terms of planning conditions and planning obligations, were proportionate and reasonable as well as being enforceable. 

The Sub Committee resolved:-

that on the understanding that queries in respect of individual cases would be addressed to the Planning Enforcement Team and with an expression of thanks to the small dedicated team that is the Council’s Enforcement Unit, the report be noted.

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure which advised members of the customer feedback received by way of questionnaires issued with planning Decision Notices; of the actions taken in response;  and of actions being proposed in the future in order to improve the service provided. 

The report by way of background made reference to the “Delivering Planning Reform” document issued by the Scottish Government in October 2008, requiring planning authorities to establish local forums which could consider the quality of their local planning service;  made reference also to the requirement within that process for authorities to identify areas of service improvement and the means by which they could best be tackled;  and confirmed the intention on the part of the Scottish Government that that process be repeated annually.  The report advised that customer feedback in the form of questionnaire responses had been started in December 2008, with a report to the then Planning Committee of the Council in March, 2009, at which time sixty-two responses had been received;  and indicated that the report now under consideration would consider the further thirty-six responses received as well as an overall response to the exercise, the actions taken to date and those proposed.  In addressing the service planning framework within which the performance measuring exercise was being conducted, the report made reference to the key agency service improvement plans produced by Scottish Environmental Protection Agency, Scottish Natural Heritage, Historic Scotland and others, all of which had informed the Council’s own Areas of Service Improvement Plan (ASIP), a copy of which was annexed to the report.  How the Planning and Infrastructure service plan fits within the hierarchy of themed plans, which included the Corporate Plan and the Community Plan, was also outlined within the report, in particular how the ASIP relates to the performance standards (future performance) and analysis of user feedback. 

The report went on to advise that an Improvement Plan (IP) has been prepared for the Planning and Infrastructure Service, informed by the Single Outcome Agreement; and that the ASIP would be instrumental in achieving one of the main actions of the IP, namely in delivering public services that are high quality, continually improving, efficient and responsive to local people’s needs.  The report confirmed that the ASIP which was reported to Committee in March, 2009, took into account responses to customer feedback including the questionnaires received up to that point. 

In dealing with the questionnaire responses the report set out the detail of the questions asked, the general nature of the replies and a statistical breakdown of the feedback received.  Having highlighted the areas of concern, the report gave an indication of actions taken and proposed in order to address the negative aspects raised.  Reference was also made at this point to the significant changes that had taken place recently in the form of the introduction of e-planning and a modernised planning system, all of which was intended to concentrate resources on the more complex and controversial applications and to simplify procedures for smaller and more straight-forward proposals.  The many actions proposed within the ASIP to tackle some of the issues raised were also outlined. 

The report concluded by confirming that further customer feedback would be sought in the future and annual updates would be made to the Service Improvement Plan, which will take into account how the actions proposed in the existing plan have addressed comments made within the various forums and within the questionnaires.  Reference was made also to the fact that the other city authorities in Scotland had undertaken similar exercises and that it was intended to engage with these authorities in a benchmarking exercise, with future reports on the subject including that information.

The report recommended:-

that the Sub Committee notes the findings of the analysis of the questionnaires, the actions taken to date and the actions proposed.

The Sub Committee resolved:-

(i)         that the report recommendation be approved;  and

(ii)        that the report be referred for inclusion within a future bulletin for the Enterprise, Planning and Infrastructure Committee.

The Sub Committee had under consideration the latest Planning Digest which had been prepared by the Head of Planning and Infrastructure and which advised of recent appeal decisions and also of updates as regards the latest planning advice and service developments. 

The Digest indicated (one) that the appeal against the refusal by the planning authority of the application (A8/1757) seeking planning permission to erect two new dwellinghouses at Easter Persley Farm, The Parkway, Aberdeen and to convert the existing steading building to residential use, the development to involve also the permanent closure of the existing access from The Parkway, had been dismissed by the Reporter who considered that the proposal would fail to accord with Structure Plan policy concerned with natural assets and Local Plan policies designed to protect and preserve the existing character and amenity of areas, there being no material considerations to outweigh the development plan position;  and (two) that the appeal against refusal of the application (090508) for planning permission to erect ticket machines within the car park at the Aberdeen Exhibition and Conference Centre, Bridge of Don, Aberdeen had been sustained and permission granted on the basis that the proposal did not involve change of use and because the Council’s main concern, i.e. the implementation of a charging regime which would give rise to a high incidence of overspill parking in surrounding streets, did not actually require planning consent.  The Digest advised, in relation to the foregoing appeal, that an award of expenses had been made against the Council on the ground that they had acted unreasonably in refusing the application. 

The Digest also brought to members attention the fact that an Internal Audit Report into affordable housing, considered by the Audit and Risk Committee at a meeting on 8^th September, 2009, had included a requirement for the Head of Planning and Infrastructure to prepare and submit a report for information to appropriate Committees, on the source and level of affordable housing provision agreed and any time parameters that may trigger a repayment of commuted payments received.  In response the Digest confirmed the inclusion, as an appendix, of a copy of the spreadsheet maintained by the Strategist (Policy and Planning – Housing) which showed all the commuted payments received and where the money has been spent, which included monies received but not yet spent.  The information provided also outlined the rationale behind the figures which, since January 2008, had involved the payment by a developer who was unable to provide affordable units on site, of an amount calculated at £25,000 per unit.  The Digest confirmed that although the rate per unit was subject to review annually, no increase had been felt necessary in January 2009, because of the economic situation generally;  and that the absence of a recognised methodology for all Councils to use had been the subject of recent consideration by the Chief Planner at the Scottish Government who, it was understood, was in the process of revising Planning Advice Note 74:  Affordable Housing, with particular reference to how commuted payments might be assessed in the future.

As a final item, the Digest made reference to the fact that “the Balanced Scorecard” was the chosen method by which local authority verifiers demonstrated to the Scottish Government’s Building Standards Division (SBSD), the management protocols for the Verification process in relation to Building Warrants and Completion Certificates.  The Sub-Committee were advised that the competency of work undertaken was demonstrated through an audit process, which for Aberdeen City Council took place in 2008; and also that the methodology utilised assessed performance against five perspectives which were “public interest”, “private customer”, “internal business”, “continuous improvement” and “finance”.  The Digest concluded by indicating to the members that the Scorecard for the period which started on 1^st November, 2009, had been submitted to and accepted by SBSD as the basis for measuring the Council’s performance from that date. 

The Sub Committee resolved:-

that the content of the Digest be noted.

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure which advised of the making, under delegated powers, of (one) Tree Preservation Order No. 211 (Newton Dee Village, Bieldside) and (two) Tree Preservation Order No. 212 (360-378 North Deeside Road, Cults), both of which related to groups of trees which were considered to contribute to the amenity, natural heritage or attractiveness and character of their locality. 

The report before members contained a sketch plan of each of the sites which identified the group or groups of trees which it was intended be the subject of the specific Order.  The conclusion in each case was that confirmation of the Tree Preservation Order would ensure that the trees protected could not be removed or worked on without the express permission of the Council.

The report recommended:-

that Tree Preservation Order 211 (Newton Dee Village, Bieldside) and Tree Preservation Order 212 (360-378 North Deeside Road, Cults) be confirmed without modification and that the City Solicitor be authorised to complete the procedures necessary for confirmation as set down within the relevant legislation. 

The Sub Committee resolved:-

that the recommendations within the report be approved and the City Solicitor authorised accordingly.

- KATHARINE DEAN, Convener.