Minutes for Development Management Sub Committee meeting, Feb 11 2010, 10.00AM official page

Prior to the consideration of the items of business for the meeting that day, the Council’s Head of Planning and Infrastructure drew the Sub Committee’s attention to the recent publication by the Scottish Government of a consolidating Scottish Planning Policy document setting out planning policy on topics such as housing, wind farms, flooding and the natural and built environment, which it was intended replace the various individual SPP documents on these topics published over the past few years.    The Head of Service indicated that whereas the references within a number of the reports before the Sub Committee that day were to the earlier individual guidance, since replaced by the consolidating document, the nature of the advice contained within those reports was still accurate and relevant to the determination of the applications in question. 

MINUTES OF PREVIOUS MEETINGS

The Sub-Committee had before it, for approval as correct records, the following minutes:-

(a)       Minute of Meeting of Development Management Sub Committee on 20^th November, 2009;

(b)       Minute of Meeting of Development Management Sub Committee on 3^rd December, 2009;

(c)        Minute of Meeting of Development Management Sub Committee on 14^th December, 2009;

(d)       Minute of Meeting of Development Management Sub Committee on 7^th January, 2010;  and

(e)       Minute of Meeting of Development Management Sub Committee on 14^th January, 2010.

The Sub Committee resolved:-

that the Minutes be approved.

Reference Number – 091209

PLANNING APPLICATIONS WHICH ARE THE SUBJECT OF WRITTEN REPORTS

DEVELOPMENT PLAN DEPARTURES

Reference was made to Article 6 of the Minute of Meeting of the Development Management Sub Committee on 3^rd December, 2009, at which time there was 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 situated at Mill of Dyce, Dyce, Aberdeen formerly in use as a cement block works, to use as a car parking area for airport related traffic.  The report explained that the application was being processed as a departure from the development plan by reason of the Green Belt designation of the site and the non conforming nature of the proposed use.  The resolution of the Sub Committee at the said meeting was that for the reasons referred to in the Minute, a departure hearing in accordance with the guidance contained within PAN 41, be not held and that 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 Development Management Sub Committee.  The Sub Committee now had before it that final report.

The report again described the site, the surrounding area and the proposal for development which would involve parking for 175 to 180 cars utilising the existing access at the north-east corner of the site;  reminded members of the content of the three letters of representation received, one of which was generally supportive;  identified the planning policy considerations against which the application would fall to be assessed;  and contained an evaluation of the proposal in light of that policy position and the other material considerations arising.  The conclusions arrived at within the report were (one) that notwithstanding the previous industrial operations on the site, the area was Green Belt and the proposed change to an “air park” did not represent an appropriate use;  (two) that the proposed use was urban in character and did not conform with the types of uses identified as suitable within the Green Belt, for example, agriculture, forestry, recreational use;  (three) that the line of the narrow road leading to Old Dyce Churchyard and Crook of Don, being sites of historic interest with a tranquil ambience, rounded the site and the proposed use would be more suited to the busy and heavily developed area around the airport to the south;  (four) that the Old Dyce Churchyard situated to the north of the site was a Category “A” listed building and a Scheduled Ancient Monument and the parking of highly reflective and coloured vehicles on the application site would adversely affect the setting and visual amenity of that historic location;  and (five) that in view of the presence of houses near the site and at the junction of the minor road with Dyce Drive, the use of the site as a car park for airport related traffic on a 24-hour basis, would not appear conducive to residential amenity. 

The report recommended:-

that the application be refused, on the following grounds:-  (1) The site lies within designated Green Belt which is defined to protect and enhance the landscape setting and identity of urban areas and in which there is a presumption against development with only limited exceptions.   The proposed development does not comply with any of these specified exceptions and therefore does not comply with the provisions of Scottish Planning Policy 12;  Green Belts, the provisions of the Aberdeen City and Shire Structure Plan and Policy 28;  Green Belt of the Aberdeen Local Plan.   (2) The proposals are contrary to the provisions of Policy 31 of the adopted local plan as the development would have an adverse visual effect on the landscape setting of the city and, in particular, the local landmark of Old Dyce Churchyard.   (3) The proposals are likely to have an unacceptable adverse impact on the residential amenity of adjacent dwellinghouses by virtue of the degree of vehicle movement outwith normal working hours.

The Sub Committee resolved:-

to refuse the application in accordance with the report recommendation.

Reference Number - 091013

Reference was made to Article 4 of the Minute of Meeting of the Development Management Sub Committee on 3^rd December, 2009, at which time there was under consideration a report by the Head of Planning and Infrastructure on the application (091013) for planning permission in respect of a proposal to erect a retail nursery (garden centre) with associated car parking and a managers dwelling, 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 and the resultant presumption against development in such areas except in certain limited circumstances.  The resolution of the Sub Committee at the said meeting was that, for reasons outlined within the minute, a departure hearing in terms of the guidance contained within PAN 41 was not necessary and that it be remitted to the Head of Planning and Infrastructure to prepare a final report on the application for consideration by the Development Management Sub Committee at a future meeting.  The Sub Committee now had before it that final report.

The report now before the Sub Committee again contained a description of the site, the surrounding area and the proposal for development which had been amended from that which was considered by members at the December 2009 meeting.  The report advised of the changes made to the proposal which it was intended should better reflect the outline planning permission granted in February, 2009 for a horticultural nursery with car park and ancillary retail outlets;  and indicated that the development will now comprise a single storey retail building, centrally located with a linked greenhouse on the south elevation to be used exclusively for the growing of plants: a managers flat to be formed within the attic space of that single storey building, an associated service yard/storage area to the north of the retail building with a car parking area for twenty-nine cars sited in the west field and with access to the site being taken by means of a new road and associated deceleration lane from the west bound carriageway of the A944.  The report further advised that the remainder of the west and central fields on the site were to be reserved for cultivation of plants for sale with the east field being earmarked to accommodate the tree/shrub nursery and poly tunnels.  The landscaping scheme for the site was also described in detail within the report which, in addition, provided certain operational information made available by the prospective operators of the new garden centre. 

As regards the responses from various consultees, the report highlighted the views of local roads officers which considered that the impact of the development on the roads network would not be significantly different from that which would occur in relation to the existing outline approval granted and confirmed that they had no objection to the proposal provided that the planning conditions and the road and foot/cycle way improvements agreed as part of that outline consent were also applied to any detailed permission granted;  the views of the Scottish Environment Protection Agency (SEPA) who, because of a failure to comment in respect of the outline application granted and in light of their opposition to foul drainage arrangements for the development being provided by means of a septic tank discharging to a soak-away rather than connection to the public sewerage system, were maintaining a formal objection to the application;  and the views of the local Community Council who also objected to the proposal on the basis that the scale of the development proposed and the unspecified range of retail goods that could be sold from the site, was incompatible with the Green Belt location, would lead to the degradation of the rural character of the area and to light and noise pollution to the detriment of nearby residential amenity.  The report also referred to the concerns expressed in the seven letters of representation received, mainly from nearby residents and identified the planning policy considerations arising and against which the application fell to be assessed. 

A detailed evaluation of the application was provided within the report and the conclusions arrived at were (one) that the principle of a retail horticultural nursery on the site had been established by the previous granting of outline consent;  (two) that the detailed proposals were similar in scale, form, and layout to that approved in principle;  (three) that the proposed managers dwelling although contrary to Green Belt policy would, given its proposed location within the retail building, have no additional visual impact on the character or amenity of that Green Belt;  (four) that the proposals were considered to be acceptable in terms of amenity and traffic safety;  and (five) that although the objection by SEPA to the drainage proposals was relevant and will require the application to be forwarded to Scottish Ministers, the development proposed does not represent a significant change from that already approved.

The report recommended:-

(a)       that the Sub Committee indicate a willingness to approve the application, on the following conditions:-  (1) That, no part of the development hereby approved shall be occupied unless the road and foot/cycleway improvements shown on drawing no. 900 Rev 5 or other drawing approved in writing by the planning authority have been implemented in their entirety, unless the planning authority gives written consent for a variation.   (2) That the retail outlet building and outdoor sales areas hereby approved shall not be brought into operation or used for the sale of goods unless the area of the site outlined in purple and identified on drawing no. 1040/02/N as being exclusively for the cultivation of plants is being used for the cultivation of plants for sale primarily from the application site, unless otherwise agreed in writing by the planning authority.   (3) That the retail outlet building hereby approved shall not exceed 300 sq.m gfa and the retail outlet and outdoor sales areas shall not be operated unless the range of goods sold is restricted to those specified in the letter from Ben Reid and Company Limited dated 26 October 2009 and attached to the approved plans.   (4) That no development pursuant to the planning permission hereby granted shall be carried out unless there has been submitted to and approved in writing by the planning authority a further detailed scheme of landscaping for the site which scheme shall include:  (i) indications of all existing trees and landscaped areas on the land, (ii) details of any to be retained, together with measures for their protection in the course of development, (iii) the proposed areas of tree/shrub/wildflower planting to include species specifically chosen to enhance the biodiversity and wildlife value of the site including details of numbers, densities, locations, species, sizes and stage of maturity at planting, and (iv) a public footpath link to the path to the east leading into Hazlehead Park.   (5) That no landscaping or water landscaping works shall be carried out on the site without prior written agreement of the planning authority and in accordance with Advice Note 3 “Potential Bird Hazards from Amenity Landscaping & Building Design”.   (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 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.   (8) That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) has been submitted to and approved in writing by the planning authority.   The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation.   (9) That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority;  any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998:  1989 “Recommendation for Tree Works” before the building hereby approved is first occupied.   (10) That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the planning authority and no fire shall be lit in a position where the flames could extend to within 5.0 metres of foliage, branches or trunks.  (11) 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].   (12) That, except as the planning authority may otherwise agree in writing no deliveries shall take place outwith the hours of 7.00am to 7.00pm Monday to Saturday and 10.00am to 4.00pm on a Sunday.   (13) That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.   (14) That no crane shall be erected on site without prior consultation and agreement with BAA Aberdeen Airport.   (15) 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 applicant and approved by the planning authority.  (16) That no development shall take place unless there has been submitted to and approved in writing a detailed Green Transport Plan, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets.   (17) That no development pursuant to this planning approval shall take place unless details of the lighting scheme for the car park and the site have been submitted to and approved in writing by the planning authority and thereafter the development shall not be occupied unless the scheme has been implemented in its entirety.   (18) That the manager’s flat hereby approved shall be occupied by an employee at the nursery.   For the avoidance of doubt, the manager’s flat and the surrounding retail horticultural nursery shall form a single planning unit and neither shall be disposed of independently one from the other without the prior consent in writing of the planning authority.   (19) That the greenhouse hereby approved shall be used for no other purpose than the growing of plants.   (20) That, notwithstanding the provisions of the Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984, no signs, banners or flags shall be erected on the site without the prior written consent of the planning authority;  

(b)       that in view of the SEPA objection and in accordance with the terms of paragraph 2 of the Schedule to the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009, the Head of Planning and Infrastructure be requested to forward the application, together with the detail of the Sub Committee decision thereon, to Scottish Ministers for their consideration;  and

(c)        that the Head of Planning and Infrastructure, in the event that the application is not called-in for determination by Scottish Ministers in pursuance of the notification procedure referred to at (b) above, be authorised to withhold the release of the approval Notice pending the making by the applicants of an appropriate contribution, to be agreed with the Council’s Planning Gain Officer, towards environmental and access improvements to the Core Path Network in the vicinity of the site.

The Sub Committee resolved:-

that the recommendations contained within the report be approved and the Head of Planning and Infrastructure authorised accordingly.

Reference Number - 090737

Reference was made to Article 3 of the minute of meeting of the Development Management Sub Committee on 3^rd December, 2009 at which time there was 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 in the form of thirty-five flats within two blocks and with twenty-eight associated parking spaces.   The application in question was being processed as a departure from the development plan by reason of the designation of part of the site within the Aberdeen Local Plan 2008, as Urban Greenspace and Greenspace Network.   The resolution of the Sub Committee at the meeting was that a departure hearing in accordance with the guidance contained within Planning Advice Note 41 – Development Plan Departures (PAN 41) be held and in that regard reference is also made to the minute of the Departure Hearing held before the Development Management Sub Committee on 18^th January, 2010.   The Sub Committee now had before it the final report on the application prepared by the Head of Planning and Infrastructure.  

The report before Members contained a detailed description of the site, the surrounding area and the application proposal which would involve the erection of a three storey block of fifteen flats on the Auchinyell Road frontage, a four storey block of twenty flats at the rear of the site and a new access roadway into the site from Auchinyell Road to a car parking area situated between the two blocks, where twenty-eight spaces would be available.   The loss of trees that would be required in order to accommodate the development proposed would be mitigated by replanting within the site around the buildings and the car parking area and a public footpath would be provided as part of the development, which would connect Auchinyell Road to the existing footpaths in the area and also the Deeside Walkway (former Deeside Railway Line).   The report advised of the views of roads officers as regards access and parking as well as likely traffic impact arising from the development, all of which were considered to be satisfactory.   As part of a detailed evaluation of the proposal, the report addressed the main concerns expressed within the letters of representation received and also those raised during the departure hearing.   In particular the impact of the development on the Greenspace Network and the Urban Greenspace was considered to be minimal when regarded in the context of the wider area with those trees removed being replaced;  the threat of anti-social behaviour from tenants of the new houses was regarded as no greater than that arising from existing residents in the area;  the scale of the buildings proposed was considered to reflect housing in the wider area and not to represent over-dominant development;  the fact that housing was replacing the previous use of the site as a public house, was highlighted as an improvement from the view point of residential amenity.  

The conclusion arrived at by the report author was that the proposed residential development was suitable for the area, would comply in general terms with relevant development plan policies and would not destroy the overall character and function of the Urban Greenspace.  The report author also highlighted the improvement realised in the form of affordable housing and access which were considered to outweigh the loss of a relatively small area of Greenspace Network.   The report also addressed the planning gain aspects identified by the Council’s Planning Gain Officer and agreed to by the applicants, which would involve a contribution by the applicants towards community facilities across the wider Garthdee area.

The report recommended:-

(a)       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 no development shall take place unless a detailed scheme of all drainage works designed in accordance with the attached drainage assessment (ref. 81125 prepared by Fairhurst and dated 30/07/09) 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 no development shall commence unless a detailed site specific construction method statement for the site 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.   (4) That no development shall take place unless a detailed scheme of temporary pedestrian access around the development site during the construction phase has been submitted to and approved in writing by the planning authority.   The scheme must provide details of the exact route and the proposed path construction.   Thereafter the said scheme shall be implemented in full for as long as in necessary during construction to ensure access is maintained and the land restored within two months of the completion of the development.   (5) That no development pursuant to this planning permission shall take place unless tree protection fencing has been installed and is maintained throughout the construction phase of development, in complete accordance with drawing CBG-0907-AA and tree report CBG-0908-TR dated 8^th October 2008 by Astell Associates or such other plan as may be approved for the purpose.   (6) That no development shall take place nor shall the building be occupied unless there has been submitted to and approved in writing by the planning authority an assessment of the noise levels likely within block A.   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 building.   Block A shall not be occupied unless the said measures have been implemented in full.   (7) That no development shall take place unless details of the Combined Heat and Power (CHP) system to be incorporated into the development, as outlined in the Reduction in Carbon Emission statement by HFM (a copy of which is attached to this permission) and predicted carbon emissions, using SAP or SBEM calculations, has been submitted to and approved by the planning authority.   The completed development shall not be occupied unless the equipment has been installed in accordance with those approved details.   (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.   (9) 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.   (10) That no development shall take place 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.   The scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, all materials to be used for external hard surfaces, any proposed street furniture and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.   (11) 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.   (12) That no development shall take place unless there has been submitted to and approved in writing for the purpose by the planning authority, a detailed scheme of tree planting on the Council land immediately to the east of the application site.   The scheme shall include details of the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.   (13) 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. A4382 – AL(00)010(Rev.C) 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.  (14) 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].   (15) That none of the units hereby granted planning permission shall be occupied unless a scheme detailing cycle storage provision has been submitted to and approved in writing by the planning authority and thereafter implemented in full accordance with said scheme.   (16) That none of the units hereby granted planning permission shall be occupied unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority;  and

(b)       that the Head of Planning and Infrastructure be authorised to withhold the release of the Approval Notice pending the conclusion, in terms satisfactory to the City Solicitor, of a binding legal agreement under which the applicants would undertake (one) that the flats to be provided on the application site would be retained in perpetuity as affordable social housing, (two) to make a contribution in an agreed amount toward the provision of community facilities across the Garthdee area of the city;  and (three) to meet the cost of relocating the bus stop/shelter located on Auchinyell Road close to the proposed site access, in accordance with the views of the Council’s Principal Road Engineer.  

At this point the Committee heard Councillor Cassie as one of the local members who expressed his strong support for the development which he felt would address the pressing need for affordable housing within the city whilst at the same time making possible general improvements to the immediate area including access to the Deeside Walkway.  

The Sub Committee resolved:-

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

Reference Number - 091090

Reference was made to Article 5 of the minute of meeting of the Development Management Sub Committee on 3^rd December, 2009, at which time there was 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 application was being processed as a departure from the development plan by reason of the Green Belt designation of the site.   The resolution of the Sub Committee at the said meeting was that for the reasons outlined within the minute, a departure hearing was not required and that it be remitted to the Head of Planning and Infrastructure to prepare a final report on the application for consideration by the Development Management Sub Committee.   The Sub Committee now had before it the final report requested. 

The report described again the location of the site;  advised with regard to the terms of supporting statements lodged on the applicants behalf by an agricultural consultant and a planning consultant seeking to make the case for the new dwellinghouse in the context of Green Belt policy restrictions and the permitted exceptions thereto;  advised also of the views of statutory consultees such as local roads officers and the local Community Council who consider that the new dwellinghouse would only be acceptable if a case was made for it on agricultural grounds;  referred to the letters of representation received and the concerns expressed therein;  and identified the planning policy issues arising and against which the application would fall to be assessed.  

The report contained a detailed evaluation of the proposal in light of the policy position and the other material planning considerations arising, as a result of which it was concluded that the principle of providing a house on the site chosen was not acceptable in terms of Green Belt policy with the applicant failing to present a convincing case based on agricultural need, failing also to demonstrate an overriding need for a house in that particular location and failing to identify any special circumstances to justify a departure from the Development Plan in this case.

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 in a situation where the farmland and the original farmhouse and associated buildings have been separated and are now 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 by reason of the inappropriate siting of the house and the excessive size of the plot, both of which would be detrimental to the character and appearance of the Green Belt and the landscaping 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.

At this point the Sub Committee heard Councillor Boulton, as one of the local members, who requested that the matter be the subject of a site visit.

The Sub Committee resolved:-

(i)         to visit the site and consider the application;  and

(ii)        to note the terms of the officer’s report meantime.

Reference Number - 090318

The Committee had under consideration a report by the Head of Planning and Infrastructure on the application (090318) for planning permission in principle for a development of fifty dwellinghouses on a site extending to 6.8 hectares or thereby lying to the south of Leggart Terrace, Aberdeen and bounded to the north-east by the existing Leggart housing area and to the east by the A90 trunk road (Stonehaven road).   The application was being processed as a departure from the development plan because of the status of the Leggart Terrace site as a safeguarded site for an indicative allocation of fifty housing units and the provisions of the new Structure Plan which considers it the role of the emerging Aberdeen Local Development Plan, to undertake a review of potential new greenfield housing sites.   The report did make it clear, however, that although a “major” development in terms of the new hierarchy of planning applications, the proposal for the Leggart Terrace site did not represent a significant departure from the development plan.  

Having established that the proposal should be dealt with as a departure from the development plan, the report advised of the views expressed by the statutory consultees of whom the local Community Council highlight as their main concern, the traffic issues that affect the area and the resultant difficulties that would arise in creating effective pedestrian links between the site and local facilities;  advised also of the concerns expressed in the twelve letters of representation received from neighbouring residents;  identified the planning policy considerations arising which included the masterplanning process outlined within Local Plan Policy 82 and the planning gain provisions dealt with under Policy 83, in particular the emphasis on an appropriate affordable housing contribution;  and considered the guidance contained within Planning Advice Note 41 – Development Plan Departures (PAN 41) on the matter of the need for a departure hearing in this case.   In response to the question posed regarding a departure hearing, the report highlighted the clear policy guidance, within the 2008 Aberdeen Local Plan, in support of housing on the Leggart Terrace site;  the matters of concern outlined within the twelve letters of representation received, most of which were traffic related and addressed as part of the Transportation Assessment lodged;  and the fact that the identification and release of the Leggart Terrace site for housing had been comprehensively covered by public consultation during the Local Plan process which included a public inquiry, the consideration of supplementary planning guidance in the Autumn of 2008 and, more recently, through the community consultation aspects of the masterplanning and development framework workshops organised on the Council’s behalf.

The report recommended:-

that for the reasons highlighted, no departure hearing be held in this case.

The Sub Committee resolved:-

that the recommendation that no hearing be held be approved 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 Development Management Sub Committee.

Reference Number - 091782

The Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091782) for planning permission in principle in respect of a proposal for residential development on the site extending to 0.16 of an hectare at 279-281 North Deeside Road, Peterculter currently in use as a car sales outlet.   The applicants had indicated that they were seeking consent for eighteen flats and the indicative layout submitted showed a typical building footprint along the site frontage with access to rear parking in the form of twenty-six spaces.   The application was being processed as a departure from the development plan by reason of conflict with Policy 67 of the Aberdeen Local Plan 2008, which provided that proposals to change premises from commercial use to residential use in the Lower Deeside settlements of Cults, Bieldside, Milltimber and Peterculter, will be refused in the interest of maintaining viable existing communities.

The report described the site, the surrounding area and the application proposal;  made reference to the approval in 2000 of a similar development which was never implemented;  advised of the views of statutory consultees of whom local roads officers were dissatisfied with the number of parking spaces to be provided and had requested more information on the refuse collection arrangements and the local Community Council were concerned about the level of off-street parking provision and likely effects on the already poor traffic situation within the village centre;  indicated that only one letter of representation had been received, being a letter of support for the proposal on the basis that residential use of the site would be more acceptable than the current commercial use, which it was felt added to the traffic problems in the area;  and identified the planning policy considerations arising and against which the application would fall to be assessed.  In dealing with the guidance contained within Planning Advice Note 41 - Development Plan Departures (PAN 41), in particular the advice in relation to the appropriateness or otherwise of a departure hearing in this case, the report referred to the facts that the Local Plan was recent, that the policies were relevant to the nature of the proposal and that only one letter of representation from the general public had been received.

The report recommended:-

that no departure hearing be held.

The Sub Committee resolved:-

to agree that a departure hearing in terms of the PAN 41 guidance would not be appropriate in this case and to remit to the Head of Planning and Infrastructure to prepare a final report on the application for consideration at a future meeting of the Development Management 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:-

Reference Number - 091670

– to approve the application (091670) for planning permission for a vertical-axis wind turbine (overall height 21.0m) within the south east corner of the site, subject to the condition that in the event that the wind turbine hereby granted planning permission becomes obsolete or redundant, it shall be removed within three months of such event.

Reference Number - 090270

– to defer consideration of the application (090270) for planning permission to erect a detached, single-storey building with attic and basement for use, primarily, as office space for existing church staff but also as meeting rooms and for storage purposes;  to visit the site and consider the application;  and to note the terms of the officer report meantime.

Reference Number – 091458

– to approve the application (091458) for planning permission to convert the steading to form three dwellinghouses, involving the removal of the existing dutch barn/shed and the building of three single garages on land to the west of the steading, on the following conditions:-  (1) That no development shall take place unless samples of 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.   (2) That notwithstanding the provisions of Article 3 and Schedule 1, Parts 1, 2 and 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure, shall be erected or carried out either on or in the curtilage of the dwellinghouses hereby approved without a further grant of planning permission from the planning authority.   (3) That no externally visible ventilation or other service pipes, wires, ducts, equipment or housing shall be installed unless the written approval of the planning authority thereto has been obtained.   (4) 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 units hereby granted planning permission shall be occupied unless the said scheme has been implemented in its entirety.   (5) That no development pursuant to the planning permission hereby granted 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.   (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 use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.   (8) 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].   (9) No development shall take place within the area indicated (in this case the area of the whole development) 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 and publication work.   In this case the programme of archaeological work should comprise the provision of a survey of buildings which are to be altered, to at least the standard of an English Heritage level 2 building survey.   (10) That no development shall take place unless there has been submitted to, and approved in writing by the planning authority, a detailed scheme showing how the granite from downtakings on the site shall be reused within the development.   The details shall include accurate, annotated elevational and layout drawings and thereafter the development shall be constructed in full accordance with the approved details.   (11) That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority;  any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998:  1989 “Recommendation for Tree Works” before the building hereby approved is first occupied.

Reference Number – 091795

– to approve the application (091795) for planning permission for the sub-division of the existing industrial building and for change of use of part (one-third) to allow use in relation to a metal recycling business, subject to the condition that notwithstanding the provisions of Class 5 – General Industrial of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the use hereby granted planning permission shall not comprise any function other than that of a metal recycling business directly related to the applicants existing waste services operation.

Reference Number - 091803

– to approve the application (091803) for planning permission to refurbish, alter and extend the tenement building in order to provide an improved range of flatted accommodation, including the formation of a new flat in the basement and the creation of a new gate within the rear boundary wall, on the following conditions:-  (1) That no development pursuant to this planning permission shall take place, nor shall the new basement flat hereby approved be occupied, unless there has been submitted to and approved in writing by the planning authority a detailed scheme of site boundary enclosures for the garden area hereby granted planning permission, including details of the proposed gate.  The basement flat hereby granted planning permission shall not be occupied unless the said scheme has been implemented in its entirety.   (2) That no development shall take place pursuant to this permission unless a scheme detailing all external finishing materials to the roof and walls of the extension hereby approved and construction details of the new entrance door to the tenement, have 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.   For the avoidance of doubt, granite downtakings shall be used on the north wall of the proposed extension.   (3) That no development shall take place pursuant to this permission 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.   (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 details of any hard landscaping and the proposed areas of tree/shrub planting/other soft landscaping 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 no development shall take place pursuant to this permission unless a scheme detailing secure on-site cycle storage provision for all residents of the development has been submitted to and approved in writing by the planning authority.   The new basement flat hereby granted planning permission shall not be occupied unless the required cycle storage facilities have been implemented on-site in full accordance with the approved scheme.  (7) 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 and 7.00pm, Mondays to Fridays;  (b) outwith the hours of 9.00am and 4.00pm on 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].

Reference Number - 091475

– to approve the application (091475) for planning permission to construct a balcony across the first and second floors of the eastern face of a recently approved extension and involving the use of a galvanised steel framework, glass balustrade and stainless steel handrail.

Reference Number – 091870

– to approve the application (091870) for planning permission for a rear extension at first floor level to provide new customer toilets, 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 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 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].

Reference Number - 091789

– to approve the application (091789) for planning permission in respect of replacement windows, subject to the condition that the windows hereby approved shall be constructed in full accordance with the detailed cross sections submitted and approved with the application and that the visible part of the outer frame of the front windows hereby approved shall not exceed 25mm in width at the top and sides of the window opening with the remainder of the frame being concealed behind the masonry window check, unless the planning authority has given prior written approval for a variation.

Reference Number - 090748

– to approve the application (090748) for planning permission for a side extension on the northern elevation of the main church building and involving alterations to an external door and window on the western elevation and also internal alterations, in order to provide hall space with associated kitchen and bathroom facilities. 

Reference Number - 090749

– (one) to indicate a willingness to approve unconditionally the application (090749) for listed building consent in relation to proposals to erect a side extension on the northern elevation of the main church building and involving alterations to an external door and window on the western elevation and internal alterations, in order to provide hall space with associated kitchen and bathroom facilities;  and (two) to request the Head of Planning and Infrastructure to forward the application to Historic Scotland for their consideration of the matter as required under the listed building regulations.

Reference Number - 091326

DECLARATION OF INTEREST

            The Convener having declared an interest in the application referred to in the following sub-paragraph, by reason of her position as a Board Member of NHS Grampian (the applicant), left the meeting prior to consideration of the report and took no part in the Sub Committee’s deliberations thereon.  In the absence of the Convener, the Vice-Convener (Councillor McCaig) assumed the Chair.

– (one) to approve the application (091326) for planning permission to demolish the existing vacant building and to erect on the cleared site a new two-storey building for use by a local Medical Practice and also as a Grampian Police Area Sub Station, on the following conditions:-  (1) That the development hereby permitted shall not be brought into use until the zero/low carbon equipment has been installed in full accordance with the PAN 84 Compliance Report submitted in support of the application, or any other such report which has been duly submitted and approved by the planning authority in relation to this development.  (2) 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 approval shall be occupied unless the said scheme has been implemented in its entirety.  (3) 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.  (4) 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.  (5) 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. 209940-00-EW-01-T3 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.  (6) 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.  (7) 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.  (8) 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.  (9) That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority;  any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998:  1989 “Recommendation for Tree Works” before the building hereby approved is first occupied.  (10) That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the planning authority and no fire shall be lit in a position where the flames could extend to within 5.0 metres of foliage, branches or trunks.  (11) 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].  (12) That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.  (13) That no part of the building hereby granted planning permission shall be occupied unless a scheme detailing cycle storage provision has been submitted to and approved in writing by the planning authority and thereafter implemented in full accordance with said scheme.  (14) 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.  (15) That no development shall take place unless there has been submitted to and agreed in writing by the planning authority a scheme for the installation of a new pedestrian crossing on Great Southern Road.  Thereafter the development shall not be occupied unless the said pedestrian crossing has been implemented in full.  (16) That the building hereby approved shall not be occupied for any purpose until such time as further details of the proposed car park barrier and the details of its operation have been submitted to and approved in writing by the planning authority.  (17) That no part of the building hereby approved shall be occupied for any purpose unless a scheme detailing the provision of bus shelters at the city-bound stop on Murray Terrace and the out-of-city stops on Great Southern Road has been submitted to and approved in writing by the planning authority and that any such scheme has been implemented in full;  and (two) to authorise the Head of Planning and Infrastructure to withhold the release of the approval Notice pending either the conclusion of a binding agreement between the Council and NHS Grampian regarding the timing of the payment by the applicant of £15,000 to the Council, to offset the cost of maintaining the puffin crossing to be formed on Great Southern Road as a direct consequence of the development hereby approved or actual payment of that sum to the Council. 

Reference Number – A7/0588

The Committee had under consideration a report by the Head of Planning and Infrastructure on the application (A7/0588) for planning permission in respect of the erection of a block containing eight flats on the former site of the Hilton Reservoir in Middlefield Place, Aberdeen, the development to comprise eleven car parking spaces and an area of communal garden space. 

The report described the site and the surrounding area which is residential in nature;  described also the proposal for development which will involve the erection of a building which will be two and one-half storeys high on the Middlefield Place frontage with a one and one-half storey rear wing extension;  confirmed that the scale of the building would be compatible with neighbouring and surrounding buildings, in addition to which 31% of the site area would be given over to landscaping;  advised of the views of statutory consultees, in particular Council roads officers who were of the view that to make eleven parking spaces acceptable in this case, the flats would require to be regarded as “affordable” housing under the control of a registered social landlord or housing association;  advised also of the concerns expressed in the six letters of representation received and in the petition lodged which contained twenty-eight signatures;  and identified the relevant planning policy considerations arising and against which the application would fall to be assessed.  As part of the background to the proposal, the report made reference to the decision of the planning authority in 2007 to indicate a willingness to approve the application subject to the securing of a binding legal agreement with the applicant that the flats would be retained as affordable housing, which agreement ultimately could not be concluded by the developer/applicant because of a failure to secure the disposal of the site to a registered social landlord.  The report indicated therefore that the same application lodged in 2007 was now before the members again, on the basis that the flats to be built would be provided as mainstream housing. 

The detailed evaluation of the application covered all aspects of the proposal, including those areas of most concern to neighbouring residents, i.e. loss of privacy, loss of amenity, access and parking.  The conclusion arrived at by the report author was that the proposed development would accord with the local plan provisions, would have no significant impact on surrounding residential amenity, would involve the provision of a satisfactory number of off-street parking places and should be approved subject to appropriate planning conditions. 

The report recommended:-

that the application be approved, subject to the following conditions:-  (1) 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].   (2) That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.   (3) 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.   (4) That no development pursuant to the planning permission hereby granted 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 none of the units hereby granted planning permission shall be occupied unless a scheme detailing cycle storage provision has been submitted to and approved in writing by the planning authority and thereafter implemented in full accordance with said scheme.   (7) 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.  (8) That no development shall take place unless a scheme detailing all external finishing materials and colours and suitable samples thereof, 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.   (9) 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. 1100.PD.002 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.

The Convener moved, seconded by the Vice-Convener:-

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

Councillor Adam moved as an amendment, seconded by Councillor Jaffrey:-

            that the application be refused, for the reason that the proposed shortfall in the recommended number of off-street parking spaces, as set down in the Council’s approved guidelines, would seriously exacerbate an existing on-street parking problem to the detriment of surrounding residential amenity.

On a division between the motion and the amendment, there voted:-  for the motion (7) – the Convener;  the Vice-Convener;  and Councillors Allan, Cormack, Cormie, Hunter and Penny;  for the amendment (3) – Councillors Adam, Boulton and Jaffrey;  absent from the division (1) – Councillor Clark.

The Sub Committee resolved:-

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

Reference Number - 091780

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091780) for planning permission to erect a 14.8m high slimline telecommunications monopole supporting six antennae within a GRP shroud with, at ground level, two outdoor cabinets and one electrical meter cabinet and other ancillary equipment, on a site within the east footpath of Westburn Drive, Aberdeen, opposite the new Dental Institute, the proposal involving the replacement of a 14.3m monopole and cabinets approved for the same site following an appeal decision by Scottish Ministers in July, 2009.  

The report confirmed that the taller monopole would permit mast sharing between two companies, in accordance with government guidance;  that the principle of a mast at the application site had been established by the earlier approval;  and that although the mast would be slightly taller (0.5m) and slightly wider at the top, the increased visual impact on the area was not considered sufficiently significant in itself as to justify refusal of the application.   The report advised of the number and nature of the representations received in respect of the proposal, addressed each of these in turn;  and concluded that in the circumstances the application should be approved.

The report recommended:-

that the application be approved, subject to the condition that in the event that any part of the equipment becomes obsolete or redundant, it must be removed within six months of such event and in the event that all of the equipment is removed, the site shall be made good in accordance with a scheme to be submitted and approved in writing by the planning authority within one month of such removal.  

The Convener moved, seconded by the Vice-Convener:-

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

Councillor Cormie moved as an amendment, seconded by Councillor Hunter:-

            that the application be refused for the reason that the taller mast will be visually obtrusive on the boundary of a conservation area by reason of its height and prominent location, contrary to national guidance.

On a division between the motion and the amendment, there voted:-  for the motion (3) – the Convener;  the Vice-Convener;  and Councillor Adam;  for the amendment (7) Councillors Allan, Boulton, Cormack, Cormie, Hunter, Jaffrey and Penny;  and absent from the division (1) – Councillor Clark.

The Sub Committee resolved:-

that the application be refused in accordance with the terms of the successful amendment.

Reference Number - 091925

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091925) for planning permission to extend the existing telecommunications mast situated on a site adjacent to Whitestripes Road, Grandhome Estate, Bridge of Don from a height of 14.8m to 17.8m in order to facilitate the replacement of three existing antennae with three new antennae which would be shared between two operators.  

The report indicated that the application had attracted an objection from the local Community Council and also one from a relatively nearby resident who had concerns over the height of the mast being proposed;  confirmed that mast sharing was in line with national guidelines in relation to radio telecommunications;  and confirmed also that the visual impact of the heightened mast, it was felt, would be lessened to an acceptable degree by the fact that it remained well hidden by trees situated close by and, even from a distance, by the undulating nature of the surrounding countryside.   In Green Belt policy terms, the report confirmed that the proposal was regarded as being development associated with an existing activity. 

The report recommended:-

that the application be approved, subject to the condition that in the event that any part of the equipment becomes obsolete or redundant, it must be removed within six months of such event and in the event that all of the equipment is removed, the site shall be made good in accordance with a scheme to be submitted and approved in writing by the planning authority within one month of such removal.  

The Convener moved, seconded by the Vice-Convener:-

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

Councillor Jaffrey moved as an amendment, seconded by Councillor Allan:-

            that the application be refused for the reason that the visual impact of the considerably taller mast proposed would represent an unacceptable intrusion on the landscape setting of the north part of the city.

On a division between the motion and the amendment, there voted:-  for the motion (3) – the Convener;  the Vice-Convener;  and Councillor Adam;  and for the amendment (8) Councillors Allan, Boulton, Clark, Cormack, Cormie, Hunter, Jaffrey and Penny.

The Sub Committee resolved:-

that the application be refused in accordance with the terms of the successful amendment.

Reference Number – 091748

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091748) for planning permission in respect of a proposal to replace the existing 12.5m tall streetworks telecommunications monopole at Balnagask Road, Torry, Aberdeen (footpath adjacent to 159 Balnagask Road) with a new pole which would be 15.0m high and wider in diameter in order to accommodate antennae from two separate companies.   The proposal would also involve the erection at ground level of an additional streetworks cabinet.

The report confirmed that local roads officers had offered no objection to the proposal;  that a single letter of representation had been lodged which identified a concern about the number of cabinets that were sited just outside his boundary fence;  and that the proposal was in accordance with Scottish Government guidance which encouraged mast sharing as a means of reducing the number of masts overall.   The report concluded that the proposal would not have any adverse impact on existing residential amenity;  that in the view of the report author it would have no adverse effect on visual amenity in the area either;  and that the scale of change proposed was not considered to be significant.

The report recommended:-

that the application be approved, on the following conditions:-  (1) In the event that any part of this equipment becomes obsolete or redundant, it must be removed within six months of such event.   In the event that all of this equipment is removed, the site shall be made good in accordance with a scheme to be submitted and approved in writing by the planning authority, within one month of such removal.   (2) Prior to work commencing on site, full colour details of the proposed telecommunications mast shall be submitted for the further written approval of the planning authority and the mast shall be implemented in accordance with the details approved.

The Convener moved, seconded by the Vice-Convener:-

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

Councillor Allan moved as an amendment, seconded by Councillor Cormack:-

            that the application be refused, on the following grounds:-  (1) The increased height and width of the replacement monopole will have an adverse visual impact on the residential amenity of the immediately surrounding area.  (2) The new larger and wider mast has the potential to be a distraction to road users at a particularly busy junction, to the detriment of road and public safety.

On a division between the motion and the amendment, there voted:-  for the motion (3) – the Convener;  the Vice-Convener;  and Councillor Adam;  and for the amendment (8) - Councillors Allan, Boulton, Clark, Cormack, Cormie, Hunter, Jaffrey and Penny.

The Sub Committee resolved:-

that the application be refused in accordance with the terms of the successful amendment.

Reference Number – 091777

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091777) for planning permission for a change of use of the building at 32 Queen’s Road, Aberdeen which currently operates as the Olive Tree/Black Olive licensed restaurant, in order to permit the former “toll house” part to operate as a bar lounge with seating areas and tables for approximately fifty customers, the change involving the erection of a frameless glass vestibule on the west facing elevation where an existing door opening would become the new entrance and with the existing door on the curve of the toll building being replaced with a window to match those existing.  

The report advised of the views received from statutory consultees of whom the local Community Council objected to the proposal on the basis that there is already an excess of bars in the area, that the change has the potential for an increase in anti-social behaviour, that there is inadequate parking provision and because of likely increased levels of traffic.   The one letter of representation received also, according to the report, voiced similar concerns to those identified by the Community Council.   Having identified the planning policy position, the report proceeded with an evaluation of the proposal and concluded that the nature of the activity proposed would not be substantially different from the current use, that Queen’s Road has already a mix of uses and the bar/restaurant use proposed would be compatible, that the new entrance arrangements would restrict any additional disturbance to nearby residential property that might arise from the later operating hours and that the change would not appear to have any road safety or traffic implications.  

The report recommended:-

that the application be approved, on the following conditions:-  (1) That the bar/lounge use hereby approved shall be restricted to the area of the premises which is shaded green and indicated on drawing 091777-01.   The remainder of the premises shall continue as a restaurant or other Class 3 use unless the planning authority issues a further grant of planning permission permitting a change of use.   (2) That the disposal and storage of refuse and empty drinks containers in any receptacles outwith the fabric of the building and all service deliveries and collections shall be restricted to between 0700-1900 Monday to Saturday and 1000-1600 on Sundays.   (3) That between the hours of 1900-0700 the doors on the east elevation shall be used for no purpose other than that of an emergency exit unless a variation in writing is granted by the planning authority.

The Convener moved, seconded by Councillor Clark:-

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

Councillor Cormack moved as an amendment, seconded by Councillor Jaffrey:-

            that the application be refused, on the ground that the change of use proposed would give rise to increased traffic movements to the detriment of surrounding residential amenity.

On a division between the motion and the amendment, there voted:-  for the motion (9) – the Convener;  the Vice-Convener;  and Councillors Adam, Allan, Boulton, Clark, Cormie, Hunter and Penny;  and for the amendment (2) – Councillors Cormack and Jaffrey.

The Sub Committee resolved:-

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

Reference Number - 091721

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091721) for planning permission to erect a covered walkway/linked corridor between the two existing buildings at Site 7 Wellheads Drive, Wellheads Industrial Estate, Dyce. 

The report indicated that whereas no comments were received in respect of the proposal from any of the statutory consultees, seven letters of representation were lodged from local employees who were of the view that the walkway would restrict a route favoured by pedestrians to access transportation links within Dyce Village.   The report identified the planning policy considerations arising, none of which were particularly relevant and, following a brief evaluation, concluded that the proposed structure would in no way impede pedestrian movement through the wider industrial estate area to and from Farburn Terrace.

The report recommended:-

that the application be approved.

Councillor Clark moved, seconded by the Councillor Allan:-

            that consideration of the application be deferred and the Sub Committee visit the site to consider the application.

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

            that no site visit take place and the Sub Committee proceed to determine the application.

On a division between the motion and the amendment, there voted:-  for the motion (7) – the Convener;  and Councillors Allan, Cormack, Clark, Cormie, Jaffrey and Penny;   and for the amendment (4) – the Vice-Convener;  and Councillors Adam, Boulton and Hunter.

The Sub Committee resolved:-

to visit the site and consider the application.

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, the 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:-

Reference Number - 091284

– (one) to refuse the application (091284) seeking listed building consent in respect of alterations (some of which had already been carried out) to convert the first and second floor from storage areas to serviced bedrooms and to replace a steel balustrade on the top floor south facing balcony with a traditional granite baluster and cap, for the reason that the internal works as implemented, have seriously damaged or destroyed aspects of the building which were important factors in its being listed as Category B and seriously affect the buildings architectural and historic interest, contrary to Policy 10 of the Aberdeen Local Plan 2008 and government guidance on the protection of listed buildings;   and (two) to authorise the Head of Planning and Infrastructure, in consultation with the City Solicitor as necessary, to take appropriate enforcement action in respect of the unauthorised internal works carried out, with a view to securing the reinstatement of the interior of the building to its former condition.

Reference Number - 091960

– to refuse the application (091960) seeking planning permission in respect of the erection of a slimline telecommunications monopole (14.8m) with antennae (3) and associated cabinets at ground level, for the reason that the proposed development would, because of its excessive height and prominent siting in relation to the scale of surrounding development within a predominantly residential area, result in an adverse impact on the existing visual and residential character and amenity of that area, contrary to Policy 40 of the Aberdeen Local Plan, Planning Advice Note 62 and National Planning Policy Guideline 19.

Reference Number - 091578

The Sub Committee had under consideration a report by the Head of Planning and Infrastructure on the application (091518) for listed building consent in respect of a proposal to erect a flagpole on the frontage of the building at 28 Albyn Place, Aberdeen, the flag pole to be fixed to the centre of the pediment feature above the colonnaded entrance to the building.  The report stated that the new flag pole would replace the existing flag pole which is attached to the portico and is believed to have been in place since at least 1967, when the building was listed. 

The report described the building the subject of the application and advised with regard to recent approval (2007) for its conversion and extension to use as offices, the work in respect of which being currently underway.  The receipt of one letter of objection in respect of the proposal was referred to in the report which also provided a brief assessment of the relevant planning policy considerations in such cases, which in effect reflected the fact that the only signage permitted would be a business plate located beside the door.  As part of the evaluation contained within the report, the intention for the flag pole to be used as a device for the display of an advertisement (i.e. a non national flag) was highlighted, as was the view expressed that such a use would conflict with the Local Plan provisions and would affect the character of the listed building.  Although the existing flag pole was a long standing feature, the report confirmed that it was not an original one when the building was designed as a dwellinghouse;  was not regarded as enhancing the setting or appearance of the building;  and was not considered worthy of retention.  In referring to Historic Scotland’s guidance, it was pointed out that although there were no references to flag poles, it was emphasised that proposals to fix items to the exterior of listed buildings must be carefully assessed with a view to preserving architectural integrity.  The report concluded with a request that, should the Sub Committee be of a mind to support the application, a suspensive condition be imposed to deal with the material to be used in the pole’s manufacture, its size, its colour and the means by which it will be fixed to the building. 

The report recommended:-

that the application be refused, on the following grounds:-  (1) The proposed flagpole would detract from the character and setting of the listed building and the visual amenity, character and appearance of the conservation area, by reason of its prominence on the prominent frontage of a listed building, its detriment to the setting of a main approach road to the city centre, its excessive height and visual clutter which would result, when considered in relation to the recently approved freestanding signs within the site.  (2) Approval of this application would establish an undesirable precedent for similar proposals relating to other business premises in the area, in conflict with the objectives of Local Plan Policy 11 (Signage on Originally Residential Listed Buildings) and SPP 23, to the detriment of the visual amenity of the street scene and resulting in further erosion of the character and appearance of the wider conservation area.

Councillor Boulton moved, seconded by the Convener:- 

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

Councillor Hunter moved as an amendment, seconded by Councillor Clark:-

            (i)         that the planning authority indicate a willingness to approve the application subject to a suspensive condition which will require all aspects of the flag pole, including the means by which it will be fixed to the building, to be the subject of prior approval by the planning authority;  and

            (ii)        that the Head of Planning and Infrastructure be requested to forward the application to Historic Scotland, together with the detail of the Sub Committee decision thereon, for its consideration of the matter under the listed building regulations.

On a division between the motion and the amendment, there voted:-  for the motion (4) – the Convener;  and Councillors Adam, Boulton and Jaffrey;  for the amendment (6) – the Vice-Convener;  and Councillors Allan, Clark, Cormie, Hunter and Penny;  and absent from the division (1) – Councillor Cormack.

The Sub Committee resolved:-

that the amendment be approved and the Head of Planning and Infrastructure authorised accordingly.

The Sub Committee had under consideration the latest Planning Digest prepared by the Head of Planning and Infrastructure which advised of a recent appeal decision and also of other planning related matters which have a bearing on planning advice and service development. 

The Digest indicated that, following an appeal against the refusal by the planning authority of an application (090812) for planning permission to form a vehicle driveway within the front garden area of the dwellinghouse at 233 Mid Stocket Road, Aberdeen, the Scottish Government Reporter appointed to deal with the appeal had granted consent on the basis that the manoeuvring that would be required in order to negotiate access/egress would not present a significant safety hazard and also that the works involved in providing the driveway would not affect the residential character of the area.  The reporter had also concluded that the work carried out had been well designed and executed and would have no adverse impact on the amenity of the area. 

The Digest also made reference to a Scottish Government Consultation exercise carried out in 2008 with the aim of reducing significantly the number of planning applications received by planning authorities by increasing the permitted development rights afforded to householders;  advised, however, that because of certain issues the roll-out of the new Order had been delayed;  indicated that a pilot study project had since been undertaken (three weeks in January); and confirmed that an examination of the responses received during that pilot study would take place with a view to informing what could potentially become the basis for a further future consultation document.  As regards the pilot study, the report author advised that although not involved directly, Aberdeen City Council had followed the study guidelines for the three week period, as a result of which it had been established that there would have been only a slight reduction in the number of applications to be dealt with. 

The Planning Gain Annual Report having been annexed to the Digest, it was highlighted that although the current financial climate had limited the amount of development activity and therefore the potential for planning gain contributions, it was felt that 2009 had been a year of steady progress with working relationships between planning officers and the Planning Gain Team continuing to develop;  with contributions being secured in appropriate instances;  and with the Gain Team now also making an important contribution to policy formulation. 

The final item dealt with by the Digest related to the issuing by the Scottish Government on 15^th January, 2010 of a consultation paper on Permitted Development Rights for Domestic Micro-Wind Turbines and Airsource Heat Pumps, the responses for which had to be made by 1^st February, 2010.  An explanation for the short timespan was included within the Digest, which also explained that the government were committed to undertake a fuller consultation on the potential wider scope for microgeneration, including non-domestic buildings, in due course.  The Digest advised that a response on the Council’s behalf had been made by the deadline date, a copy of which was annexed and confirmed that the response prepared generally welcomed the extension of householder permitted development rights for microgeneration equipment, subject to certain reservations in the case of listed buildings, conservation areas and as regards prior notification. 

The Sub Committee resolved:-

(i)         that the Digest be noted; 

(ii)        that the Sub Committee’s appreciation for the work carried out by the Planning Gain Team be placed on record and conveyed to the officers involved;  and

(iii)       that concerns raised by Councillor Boulton regarding the apparent ineffectiveness of the planning enforcement process, be noted and highlighted by the Council’s Senior Planning Enforcement Officer as part of his next six-monthly report on enforcement activity to the Sub Committee.

- KATHARINE DEAN, Convener.