Minutes for Development Management Sub Committee meeting, Mar 18 2010, 10.00AM official page

The Sub-Committee had before it, for approval as a correct record, the minute of its meeting on 11^th February, 2010.

The Sub Committee resolved:-

that the Minute be approved.

The Sub-Committee had before it, for approval as a correct record, the minute of the meeting of the Development Management Sub-Committee on 18^th February, 2010.

The Sub Committee resolved:-

that the Minute be approved.

PLANNING APPLICATIONS WHICH ARE THE SUBJECT OF WRITTEN REPORTS

DEVELOPMENT PLAN DEPARTURES

Reference was made (one) to Article 5 of the minute of meeting of the Development Management Sub Committee on 11^th February, 2010, at which time there was under consideration the 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 and it was resolved to defer consideration of the matter and to visit the site;  and (two) Article 1 of the minute of meeting of the Development Management Sub Committee on 18^th February, 2010, when a site visit was undertaken and it was resolved, following intimation from the Council’s Development Management Manager that new and pertinent information relating to the application had been lodged since the meeting of the Development Management Sub Committee on 11^th February and that time was needed to assess that information and to update the detailed evaluation of the proposal, that the matter be again deferred.   The resolution of the Sub-Committee on the site visit was that consideration of the application be resumed following the preparation of a further report containing a revised assessment of the proposal on the basis of the new information provided.   The Sub Committee now had before it the report requested.

The report before members again contained information regarding the location of North Lasts Farm, the surrounding uses and the general character of the area;  a brief history of recent planning applications concerning the site;  and a description of the proposal which, because of its nature, had been accompanied by certain supporting information in the form of reports prepared by agriculture consultants and a firm of planning consultants.   The views of the statutory consultees and the letters of objection from residents of a converted steading building close to the application site, were also referred to in the report which contained an indication of the relevant policy considerations arising.   The detailed evaluation of the application which was contained within the original report and which concluded with a recommendation for refusal on a number of grounds, including a reference to the fact that the proposal would contravene Green Belt policy designed to restrict development in such areas to essential agricultural workers and/or to cases where there is a proven local economic need, was replaced in the up-dated report with an evaluation which reflected the changed circumstances of the applicant, as advised by letter from his agent.   The revised assessment of the application proposal conceded that, on the basis of the information submitted, a house in terms of Green Belt policy, i.e. based primarily on the applicant’s equine business interests and for animal welfare reasons, could be justified.   The assessment further concluded, however, that the proposed siting of the new house on an elevated and prominent position within the site, was not considered acceptable by the Head of Planning and Sustainable Development.

The report recommended:-

that the application be refused, on the following grounds:-  (1) 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 landscape setting of the City.   (2)  That the proposal, if approved, would set an undesirable precedent for applications of a similar nature which would result in the proliferation of sporadic housing in the Green Belt, leading to the erosion of the character of such areas and adversely affecting the landscape setting of the City.

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

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

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

            that the application be approved on the basis that the proposed siting of the new house is acceptable, given its proximity and relationship to the converted steading building and also its general situation in the context of the surrounding countryside.

On a division between the motion and the amendment, there voted:-  for the motion (6) – the Vice-Convener;  and Councillors Allan, Clark, Crockett, Hunter and Penny;  for the amendment (4) - Councillors Cormie, Jaffrey, Milne and Robertson.

The Sub Committee resolved:-

to refuse the application.

The Committee had under consideration a report by the Head of Planning and Infrastructure on the application (090598) for planning permission in principle in respect of a proposal for a residential development on the cleared site at Caldonia, Malcolm Road, Peterculter.   The application was being processed as a departure from the Development Plan by reason of the Green Belt location of the site and the absence of any special circumstances that would displace the embargo against development in such areas.

The report before members advised of the views expressed by local roads officers and the local Community Council;  advised also of the concerns expressed in the four letters of representation received following neighbour notification and press advertisement;  and identified the planning policy considerations against which the application would fall to be assessed.   The report made reference to the content of the supporting statement lodged in relation to the proposal and also considered the guidance contained within Planning Advice Note 41 – Development Plan Departures, as regards the appropriateness or otherwise of a departure hearing in this case.  

The report recommended:-

that because the Green Belt policies of the Development Plan are up-to-date and in view of the low level of public interest in the application, as indicated by the small number of representations received, no departure hearing be held.

The Sub Committee resolved:-

that the recommendation that no hearing be held be adopted and it be remitted to the Head of Planning and Sustainable Development to prepare a final report on the application containing a detailed evaluation of the proposal and a recommendation for its determination.

WHERE THE RECOMMENDATION IS ONE OF APPROVAL

Sub Committee had before it reports which the Head of Planning and Sustainable Development 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:-

(one) at the request of the Head of Planning and Sustainable Development, to defer consideration of the application (A7/0322) for planning permission in respect of a proposal to demolish the existing buildings and to erect on the cleared site a residential development comprising two hundred and sixty units, ie. two hundred and seventeen flats, nineteen houses and twenty-four townhouses, pending the preparation of a replacement report containing a more balanced evaluation of the key policy considerations arising;  and (two) to visit the site in advance of their consideration of the replacement report being prepared.

DECLARATION OF INTEREST

            The Vice-Convener having declared an interest in the application referred to in the following sub paragraph, by reason that a close member of his family is employed at Robert Gordon University (the applicant), Councillor McCaig left the meeting and took no part in the Sub Committee’s deliberations thereon.   In the absence of the Vice-Convener, Councillor Cormie was appointed to the Chair.

(one) having heard Councillor Cassie who, as one of the local members, spoke in support of the proposal and also Councillor Boulton who, as one of the members for the adjoining area of the city, highlighted certain concerns of a traffic nature affecting residents in her ward and the resultant need for a radical solution to the current situation with traffic at Bridge of Dee, to approve the application (091761) for planning permission in respect of a proposal to provide new teaching space (circa 35,000 sq m), social facilities and staff accommodation, additional car parking, junction road and environmental improvements, on the following conditions:-  (1)  That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work, 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.   (2) That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the planning authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme.   (3) That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing Nos. 7155_631/01A, 02A and 03A of the plans hereby approved or such other drawing as may subsequently be submitted to and approved in writing by the planning authority.  Such areas shall not thereafter be used for any other purpose than the parking of cars ancillary to the development and use hereby granted approval.   (4) That no development shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site during construction works has been submitted to and approved in writing by the planning authority and any such scheme as may have been approved has been implemented.   (5) That 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.   (6)  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.   (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 7.00 am to 7.00 pm Mondays to Fridays; (b) outwith the hours of 9.00 am to 4.00 pm 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].   (8)  That no development pursuant to this planning permission shall commence unless a detailed site specific Construction Method Statement has been submitted to and approved in writing by the planning authority.  The method statement must incorporate the principles as contained in the draft statement submitted as part of the Environmental Supporting Information relative to this application.  The agreed Method Statement should take into account SEPA's Pollution Prevention guidelines and all works on site shall thereafter be implemented and remain in full for the duration of works on the site in strict accordance with the Construction Method Statement as agreed, unless the planning authority has given written consent for a variation.   (9)  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 and hard 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.   (10)  That all planting, seeding, turfing and hard landscaping 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.   (11)  Proposals for any lighting to be located between the main construction zone (which for the avoidance of doubt is defined as being a minimum 50.0 metres distance from the water's edge) and the River Dee shall require the formal approval of Aberdeen City Council (in consultation with SNH) prior to implementation.   (12)  Unless otherwise agreed in writing with the planning authority, prior to the commencement of the development, the applicant shall appoint an independent full-time Ecological Clerk(s) of Works (ECoW) acceptable to Aberdeen City Council.  The terms of the appointment shall be submitted for the approval of the Council.  The ECoW shall have the authority on and off-site to halt operations or to alter construction methods should day-to-day observation, monitoring or other means identify that these operations are having adverse impacts on the natural heritage.  An emergency procedure for site workers to follow should be put in place if bats, otters or badgers are found during the course of works.   (13)  Unless otherwise agreed in writing with the planning authority, in the event that any works are proposed within 10.0 metres of the riverbank, such works as are necessary will not be carried out within two hours of sunset or sunrise and at any time during the night to avoid disturbance to otters.   (14)  Unless otherwise agreed in writing with the planning authority, throughout the duration of all site preparation and construction works the following precautionary measures are recommended and must be adhered to: - (1)  all stored or trench pipes with a diameter greater than 200mm should be capped at the end of each working day; (2)  open trenches or pits of a depth greater that 1.0 metre should have escape ramps provided and must be checked at the beginning of each day for potential entrapments; (3)  any subsequent action involving a trapped badger should be referred to a local badger expert.   (15)  That no development in connection with the permission hereby approved shall take place unless a Finalised Energy Statement has been submitted to and approved in writing by the planning authority, including the following items: (1)  full details of the proposed energy efficiency measures and/or renewable technologies to be incorporated into the development; (2)  calculations using the SAP or SBEM methods, which demonstrate that the reduction in carbon dioxide emissions rates for the development, arising from the measures proposed, will enable the development to comply with the Councils Supplementary Planning Guidance on Carbon Neutrality in New Development (in this case a reduction in the predicted carbon dioxide emissions by 15% beyond the 2007 Building Regulations Carbon Dioxide Emissions Standard).  The development shall not be occupied unless it has been carried out in accordance with the approved details in the Energy Statement.  The carbon reduction measures shall be retained in place and fully operational thereafter.   (16)  That prior to the commencement of any work related to the implementation of this consent, the developer shall submit and have agreed in writing by the planning authority a Method Statement relating to contractors access to the site which shall avoid as far as is practicable the use of any highway or access road through an existing residential area.  No construction vehicle shall subsequently access the site other than by the route hereby agreed which shall be implemented for the duration of works unless otherwise as agreed in writing with the planning authority.   (17)  No development shall take place unless there has been submitted to and approved in writing by the planning authority (i)  a scheme for the supervision of the arboricultural protection measures and works to include the time and method of site supervision, record keeping including updates and that this supervision is administered by a qualified arboriculturalist approved by the planning authority but instructed by the applicant; (ii)  a plan and report illustrating appropriate management proposals for the care and maintenance of all of the 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 and scheme of supervision shall subsequently be carried out in complete accordance with any information thereby approved in writing by the planning authority and development shall not be carried out unless the approved scheme of supervision is being complied with.   (18)  That no part of the development shall take place until this planning authority has approved in writing a method statement for the construction of the car parking close to trees.  This Method Statement will follow the principles as described in the Tree Advice Trust’s Arboricultural Practice Note Number 12 :”Through the Trees to Development” and shall utilise, as far as is practicable, a no dig method of construction.   (19) Prior to the commencement of work on site the applicants shall have prepared and have formally agreed with the local planning authority a Tree Constraints Plan which shall include all information relating to the implementation of a Tree Protection Plan as required by condition (17), all of which measures shall be in place prior to and throughout the duration of the development.  All agreed measures shall be incorporated into an appropriate Arboricultural Method Statement (AMS) and all works shall thereafter be carried out in full compliance with the recommendations and provisions of the agreed AMS.   (20)  That, unless otherwise agreed in writing by the planning authority, prior to occupation of any part of the development hereby approved the footway along the south side of Garthdee Road adjacent to the site (which for the avoidance of doubt shall include the whole of the Garthdee Road frontage of the RGU Campus) shall be upgraded to the formal requirements of the local planning authority.  In conjunction with the above works and prior to the opening of the development as hereby approved the bus stops along the south side of Garthdee Road will be upgraded to include bus shelters and real time passenger information, unless the planning authority has given written consent for a variation.   (21)  That, unless otherwise agreed in writing with the planning authority, prior to the occupation of any part of the development hereby approved a controlled pedestrian crossing facility shall be provided at a location to the west of the existing outbound stop on Garthdee Road west of Craigievar Road.  The exact location of this crossing together with a full technical specification of the works involved, which may include alteration to existing site boundary wall and the requirements for future maintenance, will require to be agreed and formally accepted by the local planning authority prior to implementation of the works unless the planning authority has given written consent for a variation.   (22)  That the development hereby granted planning permission shall not 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.   (23)  That on full implementation of the car parking provision as shown on the approved development layout, the site operators shall prepare and have agreed with the local planning authority, a revised Parking Monitoring Policy the recommendations of which shall be applied to the agreed Green Travel Plan for the campus.   (24)  That prior to completion of the development hereby approved the developers shall prepare a scheme of additional traffic calming measures within the campus which shall be agreed with the local planning authority and the agreed scheme implemented prior to the occupation of the development.  (25)  That following completion of the development hereby approved the developer shall undertake a review of the junction safety requirements, with regard to operation of the site exit on to Garthdee Road.  Such a review shall be carried out annually and the recommendations of the review shall be implemented as agreed with the local planning authority.  Should, within a five year period following the opening of the development, the review indicate a requirement for a traffic light controlled junction at this location the necessary works shall be carried out by and all costs borne by the site operator to the requirements of the local planning authority.   (26)  That the one-way exit from the site onto Garthdee Road shall not be brought into operation until the applicants have funded all work, including administration costs, in relation to the necessary Traffic Regulation Order.   (27) That the development hereby approved shall not be occupied unless a scheme for the extension of the Garthdee Controlled Parking Zone (CPZ), to include the uncontrolled area bounded by Auchinyell Road, Garthdee Road and the A90 (South Anderson Drive), has been submitted to and approved in writing by the local planning authority.   The agreed (CPZ) scheme shall thereafter be implemented in full prior to the occupation of the development and with all costs borne by the applicant unless otherwise agreed in writing with the planning authority.   (28) No part of the development shall be occupied until a financial contribution towards the provision of park and ride facilities to the south of Aberdeen has been paid to Transport Scotland Trunk Road Network Management Directorate.   The value of this contribution shall be agreed in writing with the planning authority in consultation with Transport Scotland Trunk Road Network Management Directorate;  and (two) to authorise the Head of Planning and Sustainable Development to withhold the release of the approval Notice pending the conclusion of a binding legal agreement in terms satisfactory to the Head of Legal and Democratic Services and under which the applicants will (one) commit to and conclude a revised Green Travel Plan for the Garthdee Campus site as regards the full range of future mode share targets, an enhanced monitoring regime, provisions for review of performance and a programme of implementation;  (two) agree to meet the costs of an extension of the existing Controlled Parking Zone arrangements for Garthdee in order to extend over the whole of the area bounded by Garthdee Road, South Anderson Drive and Auchinyell Road, which extended area shall operate on a basis which reflects the terms of the existing Section 75 planning agreement in place between the Council and the University; and (three) undertake to make payment to the Council of an agreed amount, as a capitalised sum in respect of the future maintenance of the controlled pedestrian crossing facility to be provided on Garthdee Road, west of the Craigievar Road junction.

(one) having heard Councillor Greig, as one of the local members who raised certain concerns on behalf of his constituents in relation to the sufficiency of parking to be provided as part of the proposed development, to approve the application (090485) for planning permission in respect of a proposal to convert the existing buildings to form forty-seven flats and five townhouses, to erect a further forty new flats within the site and to undertake associated demolitions and works to facilitate access, car parking and landscaping, on the following conditions:-  (1) That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with Drawing Nos L(20)11D and L(90)12H of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority.  Such areas shall not thereafter be used for any other purpose than the parking of cars ancillary to the development and use hereby granted approval.   (2)  That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.   (3)  That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority.   (4)  That no development shall take place unless samples of all external finishing materials to the roof and walls of the development hereby approved 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.   (5)  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.   (6)  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 buildings hereby approved are first occupied.   (7)  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.   (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)  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.   (10)  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.   (11)  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 details shown on the approved plans.   (12)  That the railings along the boundary with Union Grove shall be retained and where necessary repaired.   (13)  That the proposed leisure club to be formed in the existing chapel, as shown on Drawing No. L(20)110A of the approved plans, shall be used solely by the residents of the development hereby granted planning permission and their guests.   (14)  That, notwithstanding the “Home Zone” layout shown on drawing no. 1647/L(20)13, no development shall take place unless there has been submitted to and approved in writing by the planning authority, a further detailed design for the “Home Zone” access from Union Grove.   (15)  That no development shall take place unless the planning authority has approved in writing a scheme for the supervision of the arboricultural protection measures and works that have been approved by the planning authority for the construction phase of the development.  Such a scheme shall include the timing and method of site supervision and record keeping.  Supervision shall be carried out by a qualified arboriculturalist approved in writing by the planning authority but instructed by the applicant.   (16)  That no development shall take place unless there has been submitted to and agreed in writing by the planning authority a detailed construction methodology for the excavation works and formation of the basement car park shown on Drawing No. 1647/L(20)11D.  The method statement shall include details of how the ground outwith the footprint of the basement car park will be retained, the timing/phasing of the excavation and construction works, the vehicles to be used on the site during excavation and construction works and those used to deliver all building materials to site, how those vehicles will access and park on the site, details of all plant and machinery, the location of the site compound and storage areas and the tree protection measures;  and (two) to authorise the Head of Planning and Strategic Development to withhold the release of the approval Notice pending the conclusion, in terms satisfactory to the Head of Legal and Democratic Services, of a binding legal agreement under which the applicants (first) would undertake to provide ten units from within the total development proposed as the affordable housing contribution required under the Local Plan, (second) would undertake to make a planning gain contribution, in an amount agreed with the planning authority and to be utilised in the provision of improved community and library facilities, and (third) would agree to meet the costs involved, including the administrative costs of promoting the necessary Road Traffic Order, in altering the on-street parking arrangements next to the up-graded accesses to the site on Claremont Street.

(one) to approve the application (100030) for planning permission in respect of a residential development of eighty-two units, with one hundred and sixty-two car parking spaces, on the following conditions:-   (1)  That no development pursuant to this planning permission shall commence unless a detailed site specific construction method statement for the works has been submitted to and approved in writing by the planning authority.  The method statement must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS.  Such statement shall be implemented in full for the duration of works on the site.   (2) That, 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].   (3)  That the development hereby granted planning permission shall not be occupied unless all drainage works detailed on drawing 900(Rev.1) or such other plan as may subsequently be approved in writing by the planning authority for the purpose, have been installed in complete accordance with the said plan.   (4)  That no development pursuant to this planning permission shall take place unless there has been submitted to and approved in writing by the planning authority, a detailed scheme of the home zone layout including all parking spaces, street furniture, lighting, materials and hard and soft landscaping 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.   (5)  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.   (6)  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.   (7)  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.   (8)  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.   (9)  That, before development pursuant to the planning permission hereby approved commences on site, details of the zero and low carbon equipment to be incorporated into the development and predicted carbon emissions, using SAP or SBEM calculations, shall be submitted to and approved by the planning authority and the completed development shall not be occupied unless the equipment has been installed in accordance with those approved details;  and (two) to authorise the Head of Planning and Sustainable Development to withhold the release of the approval Notice pending the conclusion, in terms satisfactory to the Head of Legal and Democratic Services, of a binding legal agreement under which the applicants shall undertake to provide and the planning authority shall secure in perpetuity, the provision of an element of affordable housing as part of the development (eight units) by means of some form of Low Cost Home Ownership arrangement.

(one) to defer consideration of the application (090415) for planning permission to convert the building to form fifteen residential units with fifteen car parking spaces (ten within the church basement) and to construct a new vehicular access ramp to the basement from Beechgrove Gardens rear access lane; (two) to visit the application site and consider the proposal;  and (three) to note the terms of the application report meantime.

(one) to defer consideration of the application (090420) for listed building consent in respect of a proposal to convert the former church building to form fifteen flats and to form an underground car park for ten vehicles within the church basement, utilising a ramp down from Beechgrove Gardens rear access lane;  (two) to visit the site and consider the application;  and (three) to note the application report meantime.

to approve the application (091785) for planning permission for change of use of the first and second floor office premises to residential (three flats) to involve the formation of an additional dormer window on the rear south-west elevation, subject to the condition that no development pursuant to this planning permission shall take place nor shall the flats be occupied unless there has been submitted to and approved in writing for the purpose by the planning authority, an assessment of the noise levels likely within the flats, unless the planning authority has given prior written approval for a variation, the assessment to be prepared by a suitably qualified independent noise consultant and to recommend any measures necessary to ensure a satisfactory noise attenuation for the flats and the properties shall not be occupied unless the said measures have been implemented in full.

having heard Councillor Greig as one of the local members who expressed certain concerns on behalf of his constituents relating to the parking situation in the area, to approve the application (091897) for planning permission to demolish the existing workshop and to erect two semi-detached townhouses on the cleared site, on the following conditions:-  (1)  That no development shall take place unless it is carried out in full accordance with a scheme to deal with contamination on the site, that has been approved in writing by the planning authority.  The scheme shall follow the procedures outlined in Planning Advice Note 33 - Development of Contaminated Land and shall be conducted by a suitably qualified person in accordance with best practice as detailed in BS10175 Investigation of Potentially Contaminated Sites – Code of Practice and other best practice guidance and shall include:  (one)  an investigation to determine the nature and extent of contamination, (two)  a site –specific risk assessment, and (three)  a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  No building(s) on the development site shall be occupied unless (a) any long term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority, is being undertaken and (b) a report specifically relating to the building(s) has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the building(s) have been carried out, unless the planning authority has given written consent for a variation.  The resultant buildings on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning authority that verifies that the remedial works for the entire application site is complete, unless the planning authority has given written consent for a variation.  (2)  That prior to commencement of demolition work, a detailed method statement outlining proposed demolition procedures and measures to protect adjacent trees from such procedures shall be submitted to and approved in writing by the planning authority and thereafter the agreed measures are implemented in full.   (3) 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 proposed materials to be used for hard landscaping and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.   (4)  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.   (5)  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 8.00am 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].   (6)  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.

to approve the application (100016), for consent to vary conditions (1) and (2) attached to planning permission A8/1549 (new shop unit with flat and office above) by replacing the requirement for eight parking spaces at the rear of the shopping parade with a provision for ten new parking spaces on the Rosehill Drive frontage, on the following conditions:-   (1)  That the development hereby approved shall not be occupied unless the ten parking bays hereby granted planning permission have been constructed, laid-out and demarcated in accordance with drawing No.539.01 (Rev.J) 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 hereby granted approval and other commercial premises at 91-99 Rosehill Drive.   (2)  That no development pursuant to this planning permission shall take place unless there has been submitted to and approved in writing by the planning authority a detailed scheme (including cross sections) showing how the proposed roller shutters are to be integrated with the shop front.  The roller shutters shall be of an open mesh type of design.   (3)  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.

The Sub Committee had under consideration a report by the Head of Planning and Sustainable Development on the application (100058) for planning permission to erect a new telecommunications mast (14.8m) on a site within the footpath surrounding an area lying to the south of Fairview Street, Danestone, Aberdeen, containing a number of community facilities (police station, medical practice, church, nursery school, community centre).   The proposal also involves the location of two cabinets and an electrical meter at ground level and a GRP Shroud and six antennae at the top of the mast.  

The report contained a description of the site and of the application proposal, which would be positioned approximately 3.0m from the building line and 2.0m from the kerbline in the area between the police station access ramp and the medical practice extension;  advised of the views received from statutory consultees, in particular local roads officers who had expressed no objection provided the particular cabinets illustrated within the plans (side panel access for maintenance) were installed;  advised of the views expressed by the local Community Council;  and identified the concerns highlighted within the six letters of representation received.   Having identified the relevant planning policy considerations, the report author proceeded to evaluate the application within which it was considered that the proposed mast and associated equipment would have no negative impact on the amenity of the surrounding area;  that the likely visual impact of the mast, given the existence of large electricity pylons nearby, would similarly be negligible;  that national guidance clearly encouraged planning authorities to support the expansion of telecommunications infrastructure and to take account of the economic and social implications of not having full coverage capacity in certain areas;  that the mast and cabinets would be positioned so as to create no pedestrian safety issues;  that because of changes in ground levels and the existence of mature trees, only a small part of the mast would be viewed from the residential area to the rear and from a distance the visual impact of the mast would likely be minimised when viewed in the context of the existing large pylons;  and that in terms of the policy situation, the proposal appeared to be acceptable.

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 approved details.

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

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

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

            that the application be refused for the reason that the monopole, because of its height and central location within the residential area, would have a detrimental impact on surrounding visual amenity.

On a division between the motion and the amendment, there voted:-  for the motion (2) – the Vice-Convener;  and Councillor Cormie;  for the amendment (8) – Councillors Allan, Clark, Crockett, Hunter, Jaffrey, Milne, Penny and Robertson.

The Sub Committee resolved:-

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

The Sub Committee had under consideration a report by the Head of Planning and Sustainable Development on the application (091941) for planning permission to erect a new telecommunications mast (14.8m) on a site within the footpath on the south side of Upper Mastrick Way (Mastrick Junction opposite Cairnwell Avenue), the proposal to involve two cabinets and an electrical meter at ground level and a GRP Shroud with six antennae at the top of the mast.

The report contained a description of the site and of the application proposal; indicated that there were no responses from statutory consultees; advised of the concern being expressed within the one letter of representation received; and identified the planning policy considerations arising.  Following a brief evaluation of the proposal, within which it was made clear that to the immediate rear of the site there was a strip of landscaped amenity ground containing a 2.5m high hedge bounding a car parking area; that the mast and cabinets would be positioned so as to leave 2.5m width of pavement for pedestrian use; that the visual impact of the mast would be minimised when viewed in the context of the high-rise block of flats located some 40m to the south; and that in the absence of any material planning considerations which would outweigh the policy position, the application was considered acceptable and could be approved.

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 approved details.

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

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

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

            that the application be refused, on the following grounds:-  (1) The monopole because of its height and prominent location would be detrimental to the residential and visual amenity of the surrounding area.  (2) The proposal, because of its location, has the potential to distract drivers approaching the road junction to the detriment of public safety.

On a division between the motion and the amendment, there voted:-  for the motion (3) – the Vice-Convener; and Councillors Cormie and Milne;  for the amendment (7) – Councillors Allan, Clark, Crockett, Hunter, Jaffrey, Penny and Robertson.

The Sub Committee resolved:-

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

The Sub Committee had under consideration a report by the Head of Planning and Sustainable Development on the application (100132) for planning permission to erect a streetworks telecommunication monopole (14.8m) as a replacement for the existing mast located on the pavement along the north side of King’s Gate, Aberdeen (near the junction with Stronsay Drive).  The new mast would be 0.5m higher than the existing one and would accommodate six antennae within a GRP Shroud, in addition to which there would be an additional cabinet at ground level, making a total of two cabinets and one electrical meter.

The report before members contained a description of the application site and the development proposal; advised of the views of statutory consultees of whom local roads officers had a slight concern about the reduction in the pavement width; confirmed that there were no letters of representation from members of the general public; and identified the planning policy considerations.  Following a brief evaluation of the proposal, the report concluded that the principle of a mast at the location had been established previously;  that although the replacement pole would be higher, the difference was not felt to be so significant as would have an impact on the visual amenity of the surrounding area;  and that in the absence of any material considerations to the contrary, the application could 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 Vice-Convener moved, seconded by Councillor Cormie:-

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

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

that the application be refused on the ground that the proposal, because of its height and prominent location, would have a detrimental impact on the visual amenity of the surrounding residential area.

On a division between the motion and the amendment, there voted:-  for the motion (7) – the Vice-Convener; and Councillors Cormie, Crockett, Jaffrey, Milne, Penny and Robertson;  for the amendment (2) – Councillors Allan and Hunter; declined to vote (1) – Councillor Clark.

The Sub Committee resolved:-

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

WHERE THE RECOMMENDATION IS ONE OF REFUSAL

The Sub Committee had under consideration a report by the Head of Planning and Sustainable Development on the application (091032) seeking listed building consent in respect of a proposal to erect a single-storey rear extension to the mid-terraced, two storeyed, basement and attic, granite building at 4 Bon Accord Square, Aberdeen, listed category “B”, together with the replacement of the traditional front dormer window with a new dormer extension containing three windows.

The report described the location of the property, the property itself and the proposed development; and advised of the content of the one letter of representation received which was from Aberdeen Civic Society and expressed the view that the application was a further example of ignoring listed building protection and, if approved, would be detrimental to the amenity of listed buildings in the city.  The planning policy framework within which the application fell to be considered was identified within the report which also contained a detailed evaluation of the proposal.  The conclusion arrived at by the report author was that a desire on the part of the applicant to provide additional office space was not considered to be an appropriate justification for the approval of the application in contravention of the Council’s Dormer Window Design Guide, which it was intended should protect the city’s heritage of listed buildings.

The report recommended:-

that the application be refused, on the grounds that the proposals if implemented would result in the demolition of an original dormer window and the erection of a roof extension that would dominate the roof on the building’s principal elevation and as a consequence would adversely affect the architectural and historic interest that the listed building possesses and would contribute to the incremental change to the appearance of the listed buildings in Bon Accord Square which would neither enhance nor protect the character and appearance of the conservation area contrary to Policies 8 and 10 in the adopted Aberdeen Local Plan;  the City Council’s Dormer Windows and Roof Extensions Design Guide; Scottish Planning Policy (2010);  Scottish Historic Environment Policy (2008);  and Historic Scotland’s Memorandum of Guidance (1998) Section 1.5.18.

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

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

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

that because of the wide variety of styles of dormer windows that currently exist within Bon Accord Square, some of which are less attractive than the proposal under consideration, the Sub Committee indicate a willingness to approve the application subject to appropriate conditions to be determined by the Head of Planning and Sustainable Development.

On a division between the motion and the amendment, there voted:-  for the motion (3) – the Vice-Convener; and Councillors Milne and Robertson;  for the amendment (7) – Councillors Allan, Clark, Cormie, Crockett, Hunter, Jaffrey and Penny.

The Sub Committee resolved:-

(i)         to indicate a willingness to approve the application subject to appropriate conditions;

(ii)        to remit to the Head of Planning and Sustainable Development to forward the application, together with the detail of the Sub Committee resolution thereon, to Historic Scotland for their consideration under the listed building regulations.

The Sub Committee had under consideration the latest Planning Digest (EPI/10/085) prepared by the Head of Planning and Sustainable Development which advised with regard to Scottish Government planning advice and guidance and other aspects of the planning service.

The Digest referred to the issue, in February 2010, of a new Circular (1/2010) entitled “Planning Agreements” which had been compiled following research projects commissioned by Scottish Government in 2004 and 2008 as well as the holding of a facilitated stakeholder workshop in November 2008.  The Digest article sought to appraise members of the main issues addressed in the new circular, with the emphasis firmly on the need to ensure that concluding planning agreements should not slow up the planning process by promoting greater efficiency in their use.

Although the Circular was concerned with existing powers under Section 75 of the Town and Country Planning (Scotland) Act 1997, it did indicate that changes to the planning agreement process were to be introduced later this year utilising new provisions in the Planning etc. (Scotland) Act 2006.  The implications for the Development Plan were particularly highlighted, from the point of view that the Plan should be the point at which consideration of the potential need for and use of planning agreements begins and where policies on the use of agreements should be included.  The Circular, in particular, required planning authorities to work with the appropriate bodies to assess infrastructure requirements, funding implications and time scales and to translate these into the needs to be provided through planning agreements.  In terms of the Circular, Local Plans should include supplementary guidance detailing the methods and the exact levels of contributions, including standard charges and formulae to help developers predict the size and types of commitments likely to be sought.

The Digest also contained an article on the Service Improvement Plan, a report on which the Development Management Sub Committee had considered at its meeting on 3^rd December, 2009.  As regards the requirement under the Scottish Government initiative “Delivering Planning Reform”, each planning authority was tasked with identifying areas for service improvement and to repeat the process on an annual basis each March.  The article confirmed that the first Service Improvement Plan had been approved in March 2009 and the updated Plan had been based on the first one.  The article confirmed that a Service Plan was being prepared for the new Planning and Sustainable Development Service and would be informed by the Single Outcome Agreement and the Interim Business Plan.  The article outlined the methods of gathering feedback and highlighted that the figures for 2008 and 2009 showed that the level of general satisfaction with the Development Management Service had been high.  The reasons why comments were sometimes not so positive were reflected in the “aims” identified at the end of the Digest.

The Sub Committee resolved:-

that the content of the Digest be noted.

The Sub Committee had under consideration a report by the Head of Planning and Sustainable Development which had annexed the draft of a Planning Brief for the Council-owned depot site at 105-107 Urquhart Road, Aberdeen, which had been identified for possible redevelopment.

The report made reference to the decision of the Resources Management Committee of the Council on 25^th November, 2008 (article 38), at which time it was accepted that the consideration of the future use of the depot site should, as a first step, involve the preparation of a development brief;  confirmed that in pursuance of that instruction, the Council’s external planning consultants in conjunction with planning officers, had put together a Brief which it was intended would inform and guide potential developers of the site; and advised that the public consultation exercise proposed would involve press advertisement, the use of the Council website and the availability of copies of the draft Brief within St Nicholas House and the Central Library.

The report recommended:-

that the Sub Committee approve the draft planning brief for the depot site at 105-107 Urquhart Road, for the purpose of a public consultation exercise

The Sub Committee resolved:-

to agree the report recommendation on the understanding that the results of the consultation exercise would be the subject of a further report to the Sub Committee in due course.

- CALLUM MCCAIG, Vice-Convener.