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ABERDEEN CITY PLANNING COMMITTEE
ABERDEEN, 24th July, 2003. - Minute of Meeting of the ABERDEEN CITY PLANNING COMMITTEE. Present:- Councillor Cassie, Convener; Councillor Delaney, Vice-Convener; and Councillors Clark, Collie, Cormack, Dempsey, Duncan (substituting for Councillor Stephen), Greig (substituting for Councillor Dean), Hunter, Jaffrey, James Lamond, June Lamond, Leslie, Pamela MacDonald, May and Webster (substituting for Councillor Clyne).
ANNOUNCEMENTS
1. At the commencement of the meeting, the Convener announced that the following applications had been withdrawn from the agenda, viz:- East Middlefield, Kingswells (Item 2.2), 7 Holburn Street, Aberdeen (Item 3.4), 2 Cairnside, Cults (Item 3.6) and West Lasts Farmhouse, Malcolm Road, Peterculter (Item 4.12). The Convener also sought the Committee’s approval to deal with the late item on Grandholm Village residential development in confidence and this was agreed.
VISITS
2. (A) PLANNING (VISITING) SUB-COMMITTEE - MINUTE OF MEETING. The Committee had under consideration the Minute of Meeting of the Planning (Visiting) Sub-Committee on 19th June, 2003, the terms of which are reproduced in full as Appendix A to this Minute.
(B) 119 VICTORIA ROAD, TORRY, ABERDEEN. Reference was made to Article 1 of the Sub-Committee Minute and the application (A3/0676) seeking change of use of the vacant retail unit at 119 Victoria Road, Torry, Aberdeen to form a hot food take-away outlet, in respect of which the Sub-Committee had recommended approval subject to appropriate conditions to be determined by the Head of Physical Development.
The Committee resolved:- that the application be approved, on the following conditions:- (1) That the premises shall not be brought into use as a hot food take away unless a bulk refuse store has been provided in accordance with a scheme that has been approved in writing by the planning authority. (2) That the use hereby granted planning permission shall not take place unless a scheme showing the proposed means of filtering, extracting and dispersing cooking fumes from the premises has been submitted to and approved in writing by the planning authority and that the said scheme has been implemented in full and is ready for operation; (3) That the use hereby granted planning permission 556
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shall not take place unless any external duct work comprised in the approved scheme for filtering, extracting and dispersing cooking fumes has been finished in a colour to match the exterior of the premises or treated in accordance with such other scheme as may be submitted to and approved in writing by the planning authority. (4) That the use hereby granted planning permission shall not take place unless provision has been made within the application site for litter disposal and, if appropriate, recycling facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority.
(C) HILTON FARM, PETERCULTER. Reference was made to Article 2 of the Sub-Committee Minute and the application (A2/1748) for planning permission in respect of the conversion of part of the large steading building at Hilton Farm, Peterculter, to form three new dwellinghouses, in respect of which the Sub-Committee resolved to recommend that subject to the satisfactory resolution of the concerns expressed regarding the location of the soak-away and the standard to which the access track will be upgraded and the passing places thereon will be constructed, the Committee indicate a willingness to approve the application on the conditions more particularly detailed within the said Article and remit to the Head of Physical Development to forward the application to Scottish Ministers for their consideration in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997, also as detailed within the said Article.
The Committee now heard both the Planning Officer and the Council’s Roads Engineer who confirmed respectively, that a new location for the soak-away had been identified and also that amended plans containing the detail of the method of construction of the passing places on the access road had been lodged.
The Committee resolved:- that the recommendation of the Sub-Committee be approved.
(D) JAMES DUN’S HOUSE, 61 SCHOOLHILL, ABERDEEN (CATEGORY “B” BUILDING). Reference was made to Article 3 of the Sub-Committee Minute and the application (A3/0792) seeking retrospective planning permission and listed building consent in respect of proposals for the erection of an extension to the rear of James Dun’s House, 61 Schoolhill, Aberdeen, a Category “B” listed building situated within the Union Street Conservation Area. The decision of the Sub-Committee on the visit, following a division, was to recommend (one) that the application be refused on the ground that the extension as constructed was highly detrimental to the character of the listed building and, as a result, contrary to policy within the adopted Structure and Local Plans and totally unacceptable, and (two) that the Head of Physical Development be instructed to take steps to advise the Corporate Director for City Development Services, as the Council official responsible for general property matters, of the need to ensure that any works carried out to the listed building by 557
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lessees and/or occupiers, complied strictly with the planning approval or consent granted.
The Committee now heard the Planning Officer who advised that, since the visit, amended drawings had been submitted which showed that the glazed area within the proposed rear extension was now greater than that approved as part of the original proposal for an extension and, as such, was now acceptable.
The Committee resolved:- (i) that the Committee indicate a willingness to approve the application, as amended; and (ii) that it be remitted to the Head of Physical Development to forward the application to Historic Scotland for their consideration in terms of the listed building regulations.
PLANNING APPLICATIONS WHICH ARE THE SUBJECT OF WRITTEN REPORTS
DEVELOPMENT PLAN DEPARTURES
3. MOSS-SIDE, COVE, ABERDEEN - PROPOSED INDUSTRIAL/BUSINESS PARK. Reference was made to Article 8 of the Minute of Meeting of the Planning Committee on 12th June, 2003, at which time there was under consideration the report by the Head of Physical Development on the application (A1/0514) for outline planning permission in respect of a proposal to develop a site at Moss-side, Cove, Aberdeen, extending to some 28.3 hectares, for industrial/business park use. The decision of the Committee at that meeting was that although the proposal would represent a departure from the Development Plan, arising from the Green Belt designation of the land, a departure hearing in terms of the guidance contained within PAN 41 be not held and it be remitted to the Head of Physical Development to submit a further report on the application containing a detailed evaluation of the proposal and a recommendation as to its determination. The Committee now had before it the further report requested.
The report by the Head of Physical Development again described the extent of the application site, which formed part of a larger area of land, extending across the administrative boundary into Aberdeenshire and in respect of which support was expressed in 1996 for use for industrial/business purposes; referred to the notional road layout outlined as part of the proposal and which was supported by a Traffic Impact Assessment (TIA); advised of the favourable response expressed by roads officers to the TIA subject to the carrying out of improvements to the access and to 558
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the junction of Wellington Road with the A956 and also the making by the applicants of financial contributions towards other infrastructural costs; advised also of the views expressed by the local Community Council who continued to have concerns about access and traffic and as regards the management of open space areas; referred also to the letters of representation received and the concerns expressed therein; and identified the planning policy considerations against which the application would fall to be assessed, in particular the Structure Plan requirement for a marketable supply of business and industrial land to be maintained throughout the Plan period. A detailed evaluation of the application was contained within the report and emphasised that the bulk of the application site was identified within Policy 2 (Employment Land Distribution) of the North East Scotland Together - Aberdeen and Aberdeenshire Structure Plan 2001/2016, for industrial/commercial use; that mitigation measures, at the expense of the applicants, will be required to address the impact of the proposal on the A90 (trunk) and the local road network; that a comprehensive scheme for landscaping the substantial cordon of open ground to be provided between the developed part of the site and Cove Road, to include a future maintenance regime, will be a major benefit for the area; and that the proposals for playing field provision on part of the site, subject to setting out and future maintenance, would also be well received by the local community. The report concluded that because of the Structure Plan position and despite the green belt designation, the proposal did not represent a significant departure from the Development Plan and, subject to the satisfactory completion of the necessary legal agreements, could be supported.
The report recommended:- (a) that the application be approved on the following conditions:- (1) That approval of the details of the means of access, siting, design and external appearance of the buildings and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the planning authority. (2) That the development to which this planning permission relates shall be begun not later than (i) five years from the date of the permission; or (ii) two years from the date of final approval of all reserved matters, whichever is the later. (3) That a written application, accompanied by detailed plans in respect of the reserved matters shall be submitted for the approval of the planning authority not later than three years from the date of this permission. (4) No part of the development shall be occupied until an improvement to the A90(T), in the form of an upgrade to the dual three lane carriageway between Badentoy Interchange and Charleston Interchange, or some other acceptable scheme, has been implemented as agreed by the planning authority in consultation with the Scottish Executive Development Department Road Network Management and Maintenance Division (SEDD-RNMMD). Note - With regard to the terms of the above condition the applicant should be aware that the consent hereby issued does not carry with it the right to carry out works within the trunk road 559
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boundary and that consultation must take place with the Development Department through its Management Organisation on the terms and conditions, under roads legislation, that require to be agreed to enable works within the trunk road boundary to be authorised. (5) No part of the development shall be occupied until the works for the construction of the alteration to Old Wellington Road, Old Wellington Road/Cove Road and Old Wellington Road/Wellington Road (in accordance with Fairhurst Drawing No. 47332/P5) have been completed to the satisfaction of the local planning authority in consultation with SEDD-RNMMD. (6) No part of the development shall be occupied until a Green Travel Plan (GTP) aimed to encourage more sustainable means of travel, has been submitted to and approved in writing by the planning authority in consultation with SEDD-RNMMD. The GTP will identify the measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. It will encourage measures designed to encourage modes other than the private car. (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 the development shall not be occupied unless the drainage has been installed in complete accordance with the said scheme. (8) 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. (9) That construction works shall not occur outwith the hours of 0700-1900 Monday-Friday inclusive and 0900-1400 on a Saturday and no works shall be audible outwith the site boundaries on a Sunday. (10) 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. (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 560
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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 a detailed scheme for the installation of permanent gas monitoring boreholes within the development site and for a soil probing gas investigation of the aforementioned site have been submitted to and agreed in writing by the planning authority, such schemes providing details of the construction, number, depth and location of monitoring points and the frequency and duration of the monitoring and such a scheme as may be agreed has been implemented in full. The results of the aforementioned monitoring scheme shall be submitted in writing to the planning authority and a further scheme including a detailed risk assessment and details of appropriate gas control measures shall be submitted to and agreed in writing by the planning authority prior to the commencement of the development hereby approved and such a scheme as may be agreed shall be implemented in full prior to the occupation of the development. (13) That prior to the occupation of any part of the development hereby approved a scheme detailing the management and future maintenance of the open spaces within the development, including the Grazed Buffer Zone and the Community Playing Field as specified on Drawing No. 47332/P1 Rev C, shall be submitted to and approved in writing by the planning authority. Thereafter all the open space components included in any such scheme shall be maintained in complete accordance with the scheme as agreed. (14) That that part of the site which is located to the north and east of the site access road shall be restricted to Class 4 Business use as specified in the Town and Country Planning (Use Classes) (Scotland) Order 1997; and (b) that the Head of Physical Development be authorised to withhold the release of the approval Notice pending the conclusion, in terms satisfactory to the Corporate Director for Legal and Democratic Services, of all necessary agreements relative to (one) road improvement works, both trunk and local, and (two) landscaping and open space areas, including future maintenance.
The Committee resolved:- that the recommendations contained within the report be approved.
4. BOULEVARD RETAIL PARK (UNIT 2), LINKS ROAD, ABERDEEN - CHANGE OF USE FROM CLASS 1 (RETAIL) TO CLASS 11 (ASSEMBLY AND LEISURE) AND CONSTRUCTION OF NEW MEZZANINE FLOOR. Reference was made to Article 7 of the Minute of Meeting of the Planning Committee on 13th March, 2003, at which time there was under consideration the report by the Head of Physical Development on the application (A2/1914) seeking consent for a change of use from Class 1 (retail) to Class 11 (assembly and leisure) of Unit 2 at the Boulevard Retail Park, Links Road, Aberdeen, to accommodate a proposal for a health and fitness club 561
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at that location and which would involve the construction of a new mezzanine floor within the unit in order to provide 1,550 square metres of retail floor space, storage space and space for plant use and also associated staff/office facilities. The decision of the Committee at that meeting, given that the proposal did not accord with national planning guidance as regards Town Centres and Retailing (NPPG 8) and Sport, Physical Recreation and Open Space (NPPG 11), was that a hearing in pursuance of the provisions of PAN 41 - Development Plan Departures, be not held and it be remitted to the Head of Physical Development to submit a further report on the application containing a detailed evaluation of the proposal and a recommendation as to its determination. The Committee now had before it the further report requested.
The report by the Head of Service again described the location and lay-out of the Boulevard Retail Park development and reminded Members of the fact that planning approval therefor had been granted on appeal by Scottish Ministers subject to conditions restricting the gross retail floor space to be provided and the type of goods to be sold. The report went on to advise of certain concerns expressed by Roads Officers that a further erosion of the restrictions imposed by the planning conditions could result in the occurrence of traffic and parking problems at the development especially at peak times on Thursdays and at weekends; to indicate that four letters of objection to the application had been received; and to highlight the points made within the lengthy planning statement submitted by the applicants in support of their application.
A full evaluation of the application by the Head of Physical Development was contained within the report and it highlighted (one) the provisions of NPPG 8 - Town Centres and Retailing as regards a sequential approach to determining what is or is not an acceptable location for an unrestricted retail use in light of possible adverse impact on the vitality and viability of the city centre; (two) the provisions of NPPG 11 - Sport, Physical Recreation and Open Space, as regards a similar sequential approach for a leisure use; (three) the need to assess the acceptability or otherwise of both elements in an edge of centre site in a situation where city centre locations were possible; (four) the fact that both the Structure Plan and the Local Plan for the area presume against development which will adversely affect the vitality and viability of the city centre; (five) the restrictions imposed by the Reporter when granting outline approval for the Retail Park in 1999, and the reasons for those restrictions; (six) the dangerous precedent that would be set if the application was granted, as regards the use of other units in the development for unrestricted retail use; and (seven) the concerns expressed by Roads Officers that further erosion of the car parking provision on the site, as a result of an intensification of its usage, would have a detrimental effect on the development particularly at peak times on Thursdays and at weekends. 562
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The report recommended:- that the application be refused, on the following grounds:- (1) That the proposed use would be contrary to Retail Policy 15 of the Aberdeen and Aberdeenshire Structure Plan, City Centre Shopping Policy 5.2.1 and Retail Warehousing and Retail Parks Policy 5.2.2. of the adopted Local Plan and National Planning Policy 8 ‘Town Centres and Retailing’, by reason of the proposed use operating under an unrestricted goods consent which it is considered would have an adverse impact on the City Centre and increase unacceptably the risk of a significant number of shop vacancies in the City Centre which would affect the vitality and viability of the City Centre as a whole and prejudice its role as a regional shopping focus. (2) That the proposed development if implemented would be contrary to Sports and Recreation Policy 16 of the Aberdeen and Aberdeenshire Structure Plan and National Planning Policy 8 ‘Town Centres and Retailing’ whereby no evidence has been submitted that the proposed leisure use would not undermine the vitality and viability of the City Centre and its existing leisure uses and evening economy. Furthermore no evidence has been submitted to indicate that the leisure facility would not operate as a separate entity without a retail use alongside. (3) That the development if implemented would create a further intensification of car use and thus create a further erosion of the car parking provision associated with the site, particularly at peak times on Thursdays and at the weekend to the detriment of public safety and sustainability. (4) That the proposed development if implemented would set an undesirable precedent for the further removal of the bulky goods restrictions at the retail park which could eventually lead to the retail park operating an open Class 1 retail permission to the detriment of the vitality and viability of the City Centre and other established shopping centres. (5) That it has not been demonstrated in terms of NPPG 8 that sequentially preferable locations do not exist within the City Centre.
The Convener moved, seconded by the Vice-Convener:- That the application be refused in accordance with the recommendation contained in the report.
Councillor Hunter moved as an amendment, seconded by Councillor June Lamond:- That the application be supported.
On a division, there voted:- for the motion (6) - the Convener; the Vice-Convener; and Councillors Cormack, Duncan, Pamela MacDonald and May; for the amendment (9) - Councillors Collie, Dempsey, Greig, Hunter, Jaffrey, James Lamond, June Lamond, Leslie and Webster; declined to vote (1) - Councillor Clark.
The Committee resolved:- that in accordance with the terms of the successful amendment, the Committee express a willingness to approve the application subject to such planning conditions as are considered suitable and appropriate and remit to the Head of Physical 563
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Development to forward the proposal to Scottish Ministers for consideration as a significant departure from the Development Plan, as required in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
5. BOULEVARD RETAIL PARK (UNIT 10), LINKS ROAD, ABERDEEN - VARIATION OF CONDITION TO PERMIT THE SALE AND DISPLAY OF PETS AND PET PRODUCTS. The Committee had under consideration a report by the Head of Physical Development on the application (A2/1960) to vary the terms of condition 10 of Outline Planning Consent 97/1498, granting permission for the re- development of a former industrial site at Links Road, Aberdeen for use for non-food retail purposes, to permit the sale and display within Unit 10 at the Boulevard Retail Park of pets and pet products. The terms of Condition 10 currently restrict the type of goods that can be sold from the unit to DIY goods, furniture and household furnishings, carpets, electrical goods, gardening products and motoring accessories.
The report by the Head of Service described the extent of the site, the lay-out of the retail units and the variation of uses within the immediately surrounding area; provided a brief history of the grant of consent for the non-food retail park of which Unit 10 forms part, including the restrictions imposed by the Scottish Executive Reporter when upholding the applicants appeal against a deemed refusal; described also the detail of the proposal now under consideration; referred to the main points raised in the two planning statements and one letter lodged in support of the application; and identified the planning policy issues arising and against which the application would fall to be assessed. In dealing with the planning policy position, the report confirmed that given the retailing policies of the Structure and Local Plans which presume against retail development which may impact adversely on the vitality and viability of the city centre area in accordance with the requirements of National Planning Policy Guidance 8 (NPPG 8) - Town Centres and Retailing, the proposal if approved may represent a departure from the development plan. The report further confirmed that since no objections against the proposal had been raised following advertisement, the guidance contained within Planning Advice Note 41 - Development Plan Departures, as regards a possible hearing, were not relevant in this case.
The Head of Physical Development in his report proceeded to evaluate the proposed development in light of the policy position and any other material considerations arising and concluded that the application could be supported and justified, on the following grounds:- (1) that although zoned for industrial use within the Local Plan, the site, which had been fully remediated, had not been in industrial use for some years and was granted planning permission for use as a restricted goods retail park in 1998; (2) the type of use proposed, although including a Class 1 retail element, is considered to be an exception in terms of the retailing policies and NPPG 8 given the 564
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bulky nature of the goods sold and the overall operating nature of the business and is not considered to be the type of use which would be appropriate within a city centre location; and (3) it is considered that the nature of the proposed use would not have an adverse impact on the vitality and viability of the city centre.
The Committee resolved:- that the application be approved on the following conditions:- (1) That the use hereby approved for Unit 10 (743 square metres gross) shall not operate otherwise than as a pet retailer with pet related products in accordance with the specific store requirements as specified within the Planning Statement by PDC Planning Consultants, page 4 paragraph 2.6 - 2.20 (inclusive), a copy of which is appended to this planning permission. (2) No part of the development hereby permitted shall be open to the public unless the car parking areas have been constructed, drained, laid- out and demarcated in accordance with the plans approved in writing by the planning authority. Such areas shall not thereafter be used for any purpose other than the purpose of parking of vehicles. (3) No part of the development hereby permitted shall be open to the public unless the service and emergency access arrangements have been completed in accordance with plans approved in writing by the planning authority. The areas identified for service and emergency access shall not thereafter be used for any other purpose. (4) No part of the development hereby permitted shall be open to the public unless road works to improve existing road infrastructure and to cater for traffic generated by the development have been implemented in accordance with the following approved plans/drawings (depicted in Cameron and Ross drawings) in association with outline planning permission 97/1498: (a) A/95176 904 REV 2 (Site Access) - or any revised plan/drawing as may be approved in writing by the planning authority; (b) A/95176 910 REV 1 (Composite cycle lane provisions on Beach Boulevard) - or any revised plan/drawing as may be approved by the planning authority.
6. POWIS TERRACE, ABERDEEN - GENERAL PRACTICE MEDICAL CENTRE WITH BASEMENT PARKING. The Committee had under consideration a report by the Head of Physical Development on the application (A3/0786) for planning permission in respect of the erection of a three-storey General Practice Medical Centre with associated basement parking for thirty vehicles, on a site at Powis Terrace, Aberdeen.
The report described the extent of the site and the surrounding area and buildings; described also the proposed development including the height of the building, the materials to be used in its construction and the nature of the boundary enclosures; referred to the views expressed by roads officials and the Community Council who were supportive; referred also to the letters of representations received, the majority 565
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of which were supportive although concerns had been expressed in other letters regarding the loss of open space, the height of the building and increased traffic; identified the planning policy issues arising and against which the application would fall to be assessed, in particular the existing use of the site as public open space within an R1 (Residential) area; confirmed that in light of the open space use and the R1 designation, the proposal, if granted, would represent a departure from the Development Plan; and indicated that, in the first instance, and in terms of National Guidance contained within Planning Advice Note 41 (PAN 41) - Development Plan Departures, the Committee were required to consider whether a Development Plan departure hearing in accordance with that guidance would be appropriate in this case.
The report recommended:- that given that the relevant policies were appropriate for the purpose of evaluation and the fact that the concerns raised within the letters of representation can be properly considered without a hearing, a Development Plan departure hearing be not held in this case.
The Committee resolved:- that the recommendation contained within the report be adopted and it be remitted to the Head of Physical Development to submit a further report on the application containing a detailed evaluation of the proposal and a recommendation as to its disposal.
The Vice-Convener, Councillor Delaney, prior to consideration of the following item, advised the Committee that he was a Member of the Board of Grampian Housing Association who were currently in merger talks with Langstane Housing Association (the applicants). The Vice- Convener did not, however, consider that the interest declared should debar him from taking a full part in the Committee’s deliberations on the application before it. Councillor Collie also declared an interest but, similarly, did not consider it sufficient to preclude him from taking part in the Committee’s deliberations.
7. TOWER BAR SITE, TILLYDRONE ROAD, ABERDEEN - RESIDENTIAL DEVELOPMENT. Reference was made (one) to Article 7 of the Minute of Meeting of the Planning Committee on 13th March, 2003, at which time there was under consideration the application (A2/1495) for planning permission to erect a flatted residential development (43 units) on the site of the Tower Bar and Lounge and 566
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adjoining car park area, Tillydrone Road, Aberdeen, the flats to be provided within two buildings, one an eight storey tower block and a five storey flatted block, and it was resolved to hold a hearing in accordance with the guidance contained within PAN 41 - Development Plan Departures; and (two) to the Minute of Meeting of the Planning Committee on 11th June, 2003, when a Development Plan Departure Hearing on the application took place.
The Committee now had before it, the final report on the application prepared by the Head of Physical Development, which report described again the location and extent of the site and the development proposal under consideration; advised of the views of Roads Officers and the Community Council, both of whom were represented at the departure hearing; and highlighted again the planning policy position. In evaluating the application, the Head of Service emphasised the terms of Structure Plan Policy 11 (General Housing Considerations) which encourages developments that make a positive contribution to the Community as well as utilising brown field sites; highlighted the fact that although fourteen trees would be lost, the siting of the proposed housing blocks would help to minimise any potential impact on wildlife, natural resources and landscape; highlighted also the benefits that would be achieved with the replacement of a 1970’s pre-cast building with buildings of a high standard modern design, using contemporary materials which would form a development of interest adjacent to the River Don valley; and made particular reference to the fact that the houses to be provided were intended to address the shortage of affordable housing within the city. As regards the concerns relating to traffic impact, the Head of Physical Development in his report accepted the views of Roads Officials that the scheme was not of a size as to warrant a traffic impact assessment and also that a sufficient level of car parking was being provided. By way of conclusion, the Head of Service indicated that it was felt that the proposal would have a positive impact on an area which was in need of investment and regeneration and also help with the provision of affordable housing; that there would be no detrimental impact in terms of the landscape setting and character of the area; and that these other material considerations outweighed the fact that the proposal did not accord with the Development Plan.
The report recommended:- That the application be approved, on the following conditions:- (1) That the development hereby approved shall not be occupied unless the car parking areas have been constructed, drained, laid-out and demarcated in accordance with approved drawing No. 898-318 Rev A, or such other drawing as may be subsequently submitted to and approved in writing by the planning authority. Such areas shall not thereafter be used for any purpose other than for the parking of cars ancillary to the development and uses hereby granted approval. (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 scheme for the treatment of the road 567
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surface at the access road. None of the buildings hereby approved shall be occupied unless the said scheme has been implemented in its entirety. (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 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. (4) 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. The landscaped areas shown on the approved scheme shall not be used for any purpose other than that of landscaping unless the planning authority has given written approval for a variation. (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 any of 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 extent to within five metres of foliage, branches or trunks. (8) That no construction work shall take place outwith the hours of 0700 - 1900 Mondays to Saturdays inclusive, with no construction work taking place at all on Sundays. (9) 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. (10) That no development pursuant to this planning permission shall take place unless a detailed construction method statement, detailing how surface water arising within the site during the period of construction work shall be disposed of, has been submitted to 568
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and approved in writing by the planning authority, and such scheme as may be so approved has been implemented in its entirety. (11) That no flat shall be occupied pursuant to this planning permission unless there has been submitted to and approved in writing for the purpose by the planning authority, a scheme for the storage of refuse bins for each flat and such scheme as may be so approved has been implemented in its entirety. (12) That no development pursuant to this planning permission shall be carried out unless a scheme showing the provision of secure cycle stores within the site has been submitted to and approved in writing by the planning authority and no flat shall be occupied unless the cycle store relative to the flat has been provided and is available for use. (13) That the development hereby granted planning permission shall not be occupied unless all drainage works detailed on Plan titled “898 - SOAKAWAY” as received on 18/3/2003 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.
The Convener moved, seconded by Councillor Clark:- That the application be approved in accordance with the recommendation by the Head of Physical Development.
The Vice-Convener moved as an amendment, seconded by Councillor Jaffrey:- That the application be refused, on the following grounds:- (1) The proposed development, because of its height and massing, would be visually intrusive to the detriment of the visual amenity of an area which, because of its location on the periphery of Seaton Park, is characterised by mature trees and shrubbery. (2) The proposed development is contrary to the Development Plan as it does not fall within any of the excepted categories of development which can take place within the Lower Don Riverside Area, as provided for in terms of Policy EN1 of the Local Plan.
On a division, there voted:- for the motion (4) - the Convener; and Councillors Clark, Duncan and Leslie; for the amendment (11) - the Vice-Convener and Councillors Cormack, Dempsey, Greig, Hunter, Jaffrey, James Lamond, June Lamond, Pamela MacDonald, May and Webster; declined to vote (1) - Councillor Collie.
The Committee resolved:- that the application be refused in accordance with the terms of the successful amendment.
8. SAPLING BRAE, KINELLAR, ABERDEEN - NEW DWELLINGHOUSE AND GARAGE. The Committee had under consideration a report by the Head of Physical Development on the application (A3/1071) seeking planning permission for the 569
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erection of a new single storey dwellinghouse and a garage on a site at Sapling Brae, Kinellar, Aberdeen currently occupied by a derelict bothy.
The report described the location of the application site and the nature of the surrounding area; described also the detail of the proposed dwellinghouse and garage, the likely layout of the development and the proposals for access; advised on the views expressed by Roads Officers and Environmental Health Officials; advised also that no representations against the proposed development were received although the applicants themselves had submitted a letter, citing medical grounds in support of a need for single-storey accommodation; identified the planning policy issues against which the application would fall to be assessed, highlighting in particular the Green Belt designation of the site as sufficient in the circumstances to render the proposal a departure from the Development Plan; and indicated that while in the normal course of events the Committee would require to consider whether or not a Development Plan Departure Hearing in pursuance of the guidance contained within Planning Advice Note 41 - Development Plan Departures, would be appropriate, the lack of any objections to the proposed development rendered such a consideration unnecessary.
The Head of Service in his report accordingly went on to evaluate the application with reference to the stated exceptions where development within a Green Belt area would accord with policy and confirmed that no information in support of any such exceptions had been provided by the applicants. The report went on to deal with the points that were raised within the letter of support and to conclude that nothing therein contained would justify ad hoc development within the Green Belt.
The report recommended:- that the application be refused on the following grounds:- (1) The proposal for the erection of the house and garage is unacceptable as it would consist of non-essential development within the Green Belt and would therefore be contrary to green belt policy within the Structure Plan and the Adopted Local Plan. (2) That insufficient information has been submitted to allow assessment of the proposal in terms of the potential impact of the development on trees.
The Committee resolved:- that the recommendation of refusal contained within the report be adopted. 570
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WHERE THE RECOMMENDATION IS ONE OF APPROVAL - SOUTH AREA
9. VARIOUS SITES AND VARIOUS PROPOSALS. The Committee had before it reports which the Head of Physical Development - City Development Services had prepared relative to the undernoted applications.
Each report described the site in question and the proposed development and/or the reasons for submission of the application; made reference to the responses of statutory consultees, relevant Council policies and, where appropriate, 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 statute, referred to the Scottish Executive for consideration with a favourable recommendation.
The Committee resolved:- (i) Westbank, Fonthill Road, Aberdeen - To defer consideration of the application (A2/2258) for Conservation Area consent to demolish the existing buildings and planning permission for the erection of sixteen town houses on the cleared site, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (ii) 367 Union Street, Aberdeen (Category “C” Building) - To refuse the application (A3/0754) for a variation to Condition 6 of planning consent A2/2264 (restaurant and public house) to permit the taking of access to and egress from the premises from and onto Langstane Place until 1am on Friday night/Saturday mornings and Saturday night/Sunday mornings, for the reason that the proposal, if implemented, would be detrimental to the amenity of residential properties in the area by reason of the unacceptable levels of noise nuisance that would be occurring later at night. (iii) Deeside Cycle/Walkway (Holburn to Hardgate Section), Aberdeen - To defer consideration of the proposal (A3/0834) by the Council to construct pedestrian bridges to carry the Deeside Cycle/Walkway over Holburn Street and Hardgate, Aberdeen, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (iv) Balnagask Road/Wellington Road, Aberdeen - (one) to approve the application (A3/0603) for planning permission to erect an extension (6,000 square feet) to the existing retail unit, with additional car parking, new roof and new wall cladding, subject to the following conditions:- (1) That the retail unit hereby granted planning permission shall be used solely for the purposes of comparison shopping, as defined in the Glossary of Terms in NPPG 8 “Town Centres and Retailing”. (2) That the retail unit hereby granted planning 571
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permission shall not exceed a gross internal floor area of 6000 sq ft (557 sqm). (3) That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing No. 02121 (L- )03D of the plans hereby approved, or such other drawing as may be subsequently submitted and approved in writing by the planning authority. Such areas shall not thereafter be used for any purpose other than the purpose of the parking of cars ancillary to the development and use hereby granted approval. (4) That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting. (5) That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority. The landscaped areas shown on the approved scheme shall not be used for any purpose other than that of landscaping unless the planning authority has given written approval for a variation. (6) 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 the development shall not be occupied unless the drainage has been installed in complete accordance with the said scheme. (7) That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed; and (two) to authorise the Head of Physical Development to withhold the release of the approval Notice pending the conclusion of a binding legal agreement, in terms satisfactory to the Corporate Director for Legal and Democratic Services, under which the applicants would undertake to meet the costs of upgrading the traffic lights at the Wellington Road/Balnagask Road junction to provide a separate phase for right-turning traffic and for the other off-site road improvements identified by the Council’s roads engineers. 572
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(v) 166 Union Grove, Aberdeen - To approve the application (A3/0396) for a variation to Condition 2 of Planning Consent 96/1736 (Pizza Take-away) to permit the take-away facility to operate between 2200 hours and 2300 hours Sundays to Thursdays and 2200 to 2400 hours on Fridays and Saturdays, on condition that hot food shall not be sold from the premises outwith the hours of 0800 to 2300 on Sundays to Thursdays and 0800 to midnight on Fridays and Saturdays. (vi) 17 Carden Place, Aberdeen - To approve the application (A3/0776) for planning permission to alter the existing rear extension and to install railings at the front and railings/gates at the rear of the property 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 no development shall take place unless precise details of the design and the dimensions of the proposed railings and gate are submitted to and agreed in writing by the planning authority and thereafter the office accommodation hereby granted planning permission shall be not be occupied unless the railings and gate have been installed in accordance with any such scheme as may have been agreed. (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 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. (4) That the office accommodation hereby granted planning permission shall not be occupied unless the areas to be landscaped at the front and rear of the property have been laid out in accordance with Drawing No. J:17/17C and thereafter that all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following 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. The landscaped areas shown on the approved scheme shall not be used for any purpose other than that of landscaping unless the planning authority has given written approval for a variation. (5) That no development shall take place unless details of the provision of secure cycle parking have been submitted to and 573
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agreed in writing by the planning authority and thereafter the office accommodation hereby granted planning permission shall not be occupied unless any such scheme as may have been agreed has been implemented. (vii) 16 Bon Accord Square, Aberdeen (Category “B” Building) - (one) to indicate a willingness to approve the application (A3/0995) for listed building consent and planning permission in respect of a proposal for change of use of part of the former licensed club to a coffee shop and for related alterations and an extension to the rear of the property to form a new glazed frontage to Langstane Place, subject to the following conditions:- (1) That no development shall take place unless a scheme showing the proposed means of filtering, extracting and dispersing cooking fumes from the premises, along with a system of regular maintenance, has been submitted to and approved in writing by the planning authority and that the said scheme has been implemented in full and is ready for operation. (2) That the use hereby granted planning permission shall not take place unless provision has been made for a bin storage area and litter 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 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; and (two) to instruct the Head of Physical Development to forward the application and the Committee resolution thereon, to Historic Scotland for their consideration in terms of the listed building regulations. (viii) 45 Airyhall Crescent, Aberdeen - To approve the application (A3/0935) for planning permission to erect a domestic garage, on condition that the garage hereby granted planning permission shall not be used for any purpose other than that which is ancillary to the domestic use of the dwellinghouse. (ix) 61 Rubislaw Den South (House 3), Aberdeen - To approve the application (A3/1036) for retrospective planning permission to amend the layout of House 3 of the development in order to form a kitchen/sitting room to the rear. (x) 3 Brighton Place, Peterculter - To defer consideration of the application (A3/0690) for retrospective planning permission to install a new ventilation and filtration system within the existing hot food take-away facility, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (xi) 19 Polmuir Road, Aberdeen - To grant a non-material variation in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997, in respect of the application A2/1500 (residential development) as detailed within the report. (xii) 39 Richmondhill Place, Aberdeen - To grant a non-material variation in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997, in 574
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respect of the application A2/2261 (domestic garage) as detailed within the report. (xiii) 48 Binghill Crescent, Milltimber - To approve the application (A3/0973) for planning permission for a house extension. (xiv) 222 Union Grove, Aberdeen - To approve the application (A3/0789) for planning permission for a domestic garage on condition that the garage hereby granted planning permission shall not be used for any purpose other than that which is ancillary to the domestic use of the dwellinghouse.
10. 16, 17 AND 18 GOLDEN SQUARE, ABERDEEN (CATEGORY “B” BUILDING) - ALTERATION AND EXTENSION TO FORM EIGHTEEN RESIDENTIAL UNITS. The Committee had under consideration a report by the Head of Physical Development on the application (A3/0906) for listed building consent and planning permission in respect of a proposal for alterations to and the extension of the property 16, 17 and 18 Golden Square, Aberdeen, a Category “B” listed building, in order to provide eighteen residential units.
The report advised that the original building was to remain largely unaltered with most of the external works affecting later additions; that a rear court yard area of around 140 square metres would be retained as a communal garden; that no car parking spaces were to be provided with the developer having agreed to provide two bus passes per flat for a period of two years from first occupation; and that there were no letters of representation received following advertisement and notification.
In evaluating the application, the Head of Physical Development identified the main issues as being the impact of the proposals on the character and appearance of the listed building and the Conservation Area within which it was located, compatibility with neighbouring uses and amenity impact and the impact of additional traffic and parking in the area, all of these issues being addressed in his report; and concluded that the proposal complied with the relevant policies and would not have an unacceptable impact on the existing parking situation.
The report recommended:- (a) that the Committee indicate a willingness to approve the application, subject to the following conditions:- (1) That notwithstanding the details shown in the approved drawings, no development shall take place unless a scheme detailing all external finishing materials (including samples where possible) 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 details shown in the approved drawings, no development shall take place unless a scheme detailing all of the 575
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internal features to be retained and/or re-used 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. (3) That no development pursuant to this planning permission shall take place unless a detailed noise assessment of likely sources and levels of noise arising within, and those audible outwith, the premises has been submitted to, and approved in writing by, the planning authority. The noise assessment shall be carried out by a suitably qualified independent noise consultant. All noise attenuation measures identified by the noise assessment which are required in order to prevent any adverse impacts on the amenity of residents of the development shall be installed prior to commencement of the use hereby approved. (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 detailed scheme of landscaping for the site, which scheme shall include indications of all the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting together with details of materials for any hard landscaping and a management plan for the long term maintenance of the landscaped area. (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. The landscaped areas shown on the approved scheme shall not be used for any purpose other than that of landscaping unless the planning authority has given written approval for a variation. (6) That none of the flats hereby granted planning permission shall be occupied unless provision has been made within the application site for bin storage facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority. (7) That no construction works shall occur outwith the hours of 0700 - 1900, Mondays to Fridays inclusive, 0800 - 1400 hours on Saturdays and no works should be audible outwith the site boundary at any time on Sundays. (8) 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 the development shall not be occupied unless the drainage has been installed in complete accordance with the said scheme; and 576
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(b) to instruct the Head of Physical Development to forward the application and the terms of the Committee decision thereon to Historic Scotland for their consideration in terms of the listed building regulations.
The Convener moved, seconded by Councillor Clark:- That the recommendation contained within the report be adopted.
Councillor Delaney moved as an amendment, seconded by Councillor Pamela MacDonald:- That the application be refused on the ground that the proposal, if implemented, would have an adverse impact on the on-street parking situation in the area to the detriment of existing residential amenity.
On a division, there voted:- for the motion (12) - the Convener; and Councillors Clark, Collie, Dempsey, Duncan, Hunter, Jaffrey, James Lamond, June Lamond, Leslie, May and Webster; for the amendment (4) - the Vice-Convener; and Councillors Cormack, Greig and Pamela MacDonald.
The Committee resolved:- that the terms of the successful motion be adopted.
WHERE THE RECOMMENDATION IS ONE OF REFUSAL - SOUTH AREA
11. VARIOUS SITES AND VARIOUS PROPOSALS. The Committee had before it reports which the Head of Physical Development - City Development Services had prepared relative to the undernoted applications.
Each report described the site in question and the proposed development and/or the reasons for submission of the application; made reference to the responses of statutory consultees, relevant Council policies and, where appropriate, representations received, some or all of which were appended to the report; and concluded by giving an evaluation of the planning merits of the proposal.
In each case the report recommended:- that the application be refused for reasons which are narrated in the application report.
The Committee resolved:- (i) 2a, 4 and 6 Albyn Place (Basement Floor), Aberdeen (Category “B” Building) - (one) to express a willingness to approve the application (A3/0540) seeking listed building consent and planning permission in respect of a proposal to 577
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convert the basement floor from office use to use as a public house; (two) to remit to the Head of Physical Development to forward the application to Historic Scotland for their consideration in terms of the listed building regulations; and (three) to request the Head of Physical Development to report back to the Committee on the outcome of the referral to Historic Scotland and also with the wording of such conditions as he feels may be appropriate in this situation. (ii) 143 Gray Street, Aberdeen - To refuse the application (A3/0521) seeking outline planning approval for the demolition of the existing commercial premises and the erection of a three-storey building containing five flats, on the following grounds:- (1) Approval of the application would be contrary to policy 3.3.1 of the adopted Local Plan and guidance contained within Scottish Planning Policy Guideline 3 in that implementation of the proposal would represent overdevelopment of the site due to its adverse impact on residential amenity, its unsatisfactory design and its deficiency of amenity space. (2) Approval of the application would set an undesirable precedent for the consideration of future applications of a similar nature. (iii) 358 North Deeside Road, Cults - To defer consideration of the application (A3/0441) seeking planning permission for the erection of a new dwellinghouse within the existing garden grounds involving the enclosure of garden ground to the rear of the existing property, to remit to the Planning (Visiting) Sub- Committee to visit the site and to report and to note the terms of the application report meantime. (iv) Contlaw Mains, Milltimber - To defer consideration of the application (A3/0787) seeking planning permission to demolish the existing cottage building and to erect a larger dwellinghouse on the cleared site, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (v) 21 Springfield Road, Aberdeen - To refuse the application (A3/0898) seeking permission to vary condition 1 of planning consent 98/1418 (delicatessen) to permit the preparation and cooking of naan bread from a new clay oven to be installed and involving the location of an extract duct and plant at roof level, on the ground that the proposed variation to condition 1 of planning permission 98/1418 would be contrary to R1 (Residential) Policy of the City District-Wide Local Plan due to the detrimental impact on residential amenity that would result from the nuisance caused by cooking odours. (vi) 250 North Deeside Road, Cults - To defer consideration of the application (A2/1425) requesting a variation to a proposed condition (condition 11) of the planning consent in respect of a residential development at that location, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (vii) Wellwood, 250 North Deeside Road, Cults - To defer consideration of the application (A2/1479) seeking a variation to a proposed condition (condition 578
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11) of the planning consent in respect of a residential development at that location, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (viii) Beanshill Cottage, Contlaw Road, Milltimber - To defer consideration of the application (A3/0469) seeking permission to alter and extend the existing building and to erect a triple garage and workshop, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (ix) 81 Burns Road, Aberdeen - To defer consideration of the application (A2/0413) seeking planning permission for a house extension, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (x) 13 Seafield Crescent, Aberdeen - To refuse the application (A3/0820) seeking planning permission for alterations to the existing dormer window, on the following grounds:- the proposal, if approved, would (1) be contrary to the Council’s adopted policy on Dormer Windows by reason of inappropriate design; (2) be detrimental to the streetscene by reason of the inappropriate design; and (3) would establish a precedent for similar proposals to the detriment of the streetscene. (xi) 21 Thomson Street, Aberdeen - To defer consideration of the application (A3/1084) seeking consent for a vehicle driveway, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. (xii) 19 Balmoral Road, Aberdeen - To defer consideration of the application (A3/1089) seeking planning permission for a house extension, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime.
WHERE THE RECOMMENDATION IS ONE OF APPROVAL - NORTH AREA
12. VARIOUS SITES AND VARIOUS PROPOSALS. The Committee had before it reports which the Head of Physical Development - City Development Services had prepared relative to the undernoted applications.
Each report described the site in question and the proposed development and/or the reasons for submission of the application; made reference to the responses of statutory consultees, relevant Council policies and, where appropriate, representations received, some or all of which were appended to the report; and concluded by giving an evaluation of the proposal. 579
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In each case the report recommended:- that the application be approved with or without conditions or, if required in terms of statute, referred to the Scottish Executive for consideration with a favourable recommendation.
The Committee resolved:- (i) Kingswells Primary School, Kingswells Avenue, Kingswells - (one) To indicate a willingness to approve the application (A3/0916) to erect an extension to the primary school, to form a new school playground and to realign the existing school playingfield, on the following conditions:- (1) That the development shall not be occupied unless the nineteen car parking spaces indicated on drawing number L(9-)001, or such other drawing as may subsequently be approved in writing for the purpose by the planning authority, have been laid out and are available for use. (2) That no development shall take place unless a detailed scheme, incorporating sustainable urban drainage systems for the disposal of surface water arising from within the application site has been submitted to, and approved in writing by, the planning authority. The development shall not be occupied unless the scheme approved in compliance with this condition has been implemented and is fully operational. (3) That no development shall take place unless a detailed scheme of any external lighting to be provided on the site has been submitted to, and approved in writing, by the planning authority. If necessary, an application for planning permission shall be submitted for the lighting. (4) That no development shall take place unless detailed drawings of the design and location of all fences and boundary enclosures to be erected on the site have been submitted to, and approved in writing by, the planning authority. (5) That no works pursuant to this planning permission shall take place unless a detailed plan of an extract ventilation system for the cooking area has been submitted to and approved in writing by the planning authority. The cooking area shall not be used unless the extract ventilation scheme approved in compliance with this condition has been installed and is fully operational. (6) 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. Notification of the commencement date shall be given in writing to the Keeper of Archaeology, Aberdeen City Council not less than fourteen days before development commences. (7) That no development shall take place unless (i) full details of the play equipment and structures to be erected in the playground area, and (ii) detailed cross sections showing the proposed changes in ground levels within the area of the playground, have been submitted to, and approved in writing by, the planning authority. (8) 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 all hard and soft 580
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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. (9) 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; and (two) to remit to the Head of Physical Development to forward to Scottish Ministers a Notice of Intention to Develop in relation to the proposal, in accordance with the provisions of the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981, as amended. (ii) Excelsior Filling Station, 472 King Street, Aberdeen - To approve the application (A3/1039) for a variation to condition 04 of planning consent A1/0745 (Redevelopment of Petrol Filling Station Site) to permit operation of the filling station and shop between the hours of 2200 and midnight, on the following conditions:- (1) That the development granted by this planning permission shall not be occupied, nor shall the building be used, unless traffic signals, incorporating a pedestrian crossing facility, have been installed at the junction of King Street and Linksfield Road and are fully operational. (2) That no development relative to this planning permission shall take place unless there has been submitted to, and approved in writing by, the planning authority, a scheme of directional signage to ensure that vehicles enter the site via King Street and leave the site via Linksfield Road. No part of the development shall be occupied unless the scheme of signage approved in compliance with this condition has been implemented and continues to be displayed. (3) That the building granted planning permission shall not be used unless twenty-three car parking spaces have been laid out, demarcated and surfaced as indicated on approved drawing number 005 Revision B, or such other drawing as may be subsequently approved in writing for the purpose by the planning authority. The car parking spaces shall thereafter be used for no purpose other than the parking of vehicles ancillary to the development hereby granted planning permission. (4) That, subject to compliance with condition 5 below, the petrol filling station and shop shall not be open to members of the public between the hours of 11.59pm on any day and 6.00am the following day. No deliveries to the premises shall take place between 10.00pm on any day and 6.00am the following day. (5) That the petrol filling station and shop shall not be open to members of the public between the hours of 10.00pm and 581
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11.59pm on any day unless there has first been submitted to, and approved in writing by the planning authority a noise assessment undertaken by a suitably qualified person, and unless all mitigating measures identified in the assessment as being necessary to minimise noise disturbance to nearby residential properties have been implemented and are fully operational. (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 indication 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. (iii) Old Dairy, Cothill, Danestone - To approve the application (A3/0818) for planning permission for change of use to winery, on the following conditions:- (1) That the use shall not take place unless there have been submitted to and approved in writing by, the planning authority, details, including of the design, profile, extent of setback within the openings, materials and finishes of the proposed replacement windows and doors. The works shall be implemented in complete accordance with the details as so approved. (2) That the application premises shall not be used otherwise than as a winery and, in particular, shall not be used for any other use within Class 4 “Business” or Class 6 “Storage and Distribution” within the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997. (3) That notwithstanding the provisions of Article 3 and Schedule 1, Parts 3, 6 and 8 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no changes of use, erection, extension or alteration to the application building, or installation of equipment, plant or machinery on the application site shall take place without an express grant of consent from the planning authority. (4) That the application premises shall not be used other than as a winery as described in the application hereby approved and below: - with a maximum production of 8000 bottles per annum; - a maximum of two staff working at any one time; - no customers visiting the site; - deliveries from the site by car only; - the use of only a domestic kitchen food processor and hand crusher for the pulping of fruit; and, - bottling, corking, labelling and 582
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packing by hand only. (5) That the change of use hereby granted planning permission shall enure for the benefit of the present applicant only i.e. Lucinda McClintock, and the proposed use shall cease forthwith in the event that it is no longer carried on by the said applicant. (iv) 8 Clifton Road, Aberdeen - To approve the application (A3/1006) for planning permission in respect of an attic conversion to form a new dwellinghouse. (v) 32 Barvas Walk, Sheddocksley - To approve the application (A3/0997) for change of use of amenity (open space) area to private garden ground and planning permission in respect of an extension to the existing dwellinghouse, on the following conditions:- (1) That development shall not take place unless there have been submitted to and approved in writing by the planning authority, details of the design, height, materials and finishes of the proposed fence to the rear garden area (to the north of the house). (2) That notwithstanding the provisions of Article 3 and Schedule 1, parts 1 and 2 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no further boundary enclosures shall be erected on the application site without the express consent of the planning authority. (xi) Homebase Store, Broadfold Road/Greenhole Place, Bridge of Don - To approve the application (A3/1163) and to grant a Certificate of Lawful Use and Development in respect of the existing use for non-food retail purposes, on the following basis:- The use of the site for (i) a building measuring 3775 square metres gross floor area, and adjacent garden centre in the north west corner of the site, for the retail sale to visiting members of the public of the following categories of goods:- D.I.Y. goods including paint, storage shelves, flooring, wall coverings, coving, lights, hand and power tools, plumbing equipment, bathrooms and bathroom accessories, shower equipment, kitchens and kitchen accessories, stains and varnishes; garden tools, garden mowers, ironmongery, cooking utensils, curtains, home security products, electrical equipment, hose and garden plants, garden accessories, garden sheds and greenhouses. The building and garden centre being open to visiting members of the public between the hours of 8.00am and 9.00pm on Mondays to Saturdays inclusive and between 9.00am and 6.00pm on Sundays; (ii) ninety- one car parking spaces with vehicular access from Broadfold Road, ancillary to (i) above; (iii) services access from Greenhole Place, ancillary to (i) above; and (iv) ancillary landscaping. (xii) 220 Upper Mastrick Way, Aberdeen - To approve the application (A3/0854) for planning permission for a rear house extension. 583
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WHERE THE RECOMMENDATION IS ONE OF REFUSAL - NORTH AREA
13. VARIOUS SITES AND VARIOUS PROPOSALS. The Committee had before it reports which the Head of Physical Development - City Development Services had prepared relative to the undernoted applications.
Each report described the site in question and the proposed development and/or the reasons for submission of the application; made reference to the responses of statutory consultees, relevant Council policies and, where appropriate, representations received, some or all of which were appended to the report; and concluded by giving an evaluation of the planning merits of the proposal.
In each case the report recommended:- that the application be refused for reasons which are narrated in the application report.
The Committee resolved:- (I) 33 Foresterhill Road, Aberdeen - To approve the application (A3/1003) seeking consent for change of use of an area of public open space to use as a private garden ground and for planning permission in respect of the erection of a timber boundary enclosure. (ii) Stocket Parade, Aberdeen - (one) To refuse the application (A3/0969) seeking planning permission to erect a new shop unit, on the following grounds:- (1) That the proposal if implemented would be contrary to Policy R1 of the adopted Aberdeen City District Wide Local Plan (1991) by reason of the detrimental impact on adjacent residential and visual amenity due to the scale and massing of the proposal also resulting in overshadowing to the east and loss of a large tree. (2) That the proposal if implemented would set an undesirable precedent for similar applications which would be difficult to resist, to the detriment of visual and residential amenity generally; and (two) to remit to the Head of Physical Development to investigate the unsightly and derelict condition of the application site with a view to serving on the owners an Amenity Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997. (iii) Beidlieston Cottage, Dyce - To defer consideration of the application (A3/0429) seeking planning permission for the erection of a house extension and porch, to remit to the Planning (Visiting) Sub-Committee to visit the site and to report and to note the terms of the application report meantime. 584
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PLANNING (VISITING) SUB-COMMITTEE
14. APPOINTMENT OF MEMBERS. The Committee had before it the matter of the appointment of Members to the Planning (Visiting) Sub-Committee for the purpose of undertaking the visits to the sites identified during consideration of the applications before it that day.
The Committee resolved:- that the Convener; and Councillors Clark, Cormack, Dempsey, Hunter, James Lamond and May be appointed to membership of the Planning (Visiting) Sub- Committee for the meetings to be held on 31st July, 2003.
PLANNING COMMITTEE
15. MINUTE OF PREVIOUS MEETING. The Committee had under consideration, for approval as a correct record, the Minute of its Meeting on 22nd May, 2003.
The Committee resolved:- that the Minute be approved.
APPEALS
16. PLANNING APPEALS - MINUTE OF MEETING. The Committee had before it the Minute of Meeting of the Planning Appeals Panel held on 25th June, 2003, which Minute is reproduced at Appendix B to this Minute.
The Committee resolved:- that the terms of the Minute be noted.
17. PLANNING APPEALS PANEL - MINUTE OF MEETING. The Committee had before it the Minute of Meeting of the Planning Appeals Panel held on 10th July, 2003, which Minute is reproduced at Appendix C to this Minute.
The Committee resolved:- that the terms of the Minute as altered to include a reference to the amendment moved by the Vice-Convener but not seconded, be noted. 585
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18. INTIMATIONS OF APPEAL. The Committee were advised that intimations of appeal had been lodged with the Scottish Development Department, Inquiry Reporters Unit, in respect of the following applications:- (a) 1 Argyll Crescent, Aberdeen (Single Garage) - Reference No. A2/1639; (b) Bannatyne Fitness and Health Club, Laurel Drive, Danestone (Additional Car Parking ) - Reference No. A2/1828; (c) Linden Lodge, Milltimber (New Dwellinghouse and Garage) - Reference No. A2/1814; (d) Harehill, Ellon Road, Bridge of Don (New Stable Block and Equipment Stores/Garage) - Reference No. A2/1074; (e) Balgownie Road, Bridge of Don (New Dwellinghouse) - Reference No. A2/0133; and (f) 83 Middlefield Terrace, Aberdeen (Replacement Windows) - Reference No. A2/1036.
The Committee resolved:- that in each case it be remitted to the Corporate Director for Legal and Democratic Services, in association with other officers as appropriate, to attend to the Council’s interests at the appeal.
REPORTS BY DIRECTORATE
19. PLANNING DIGEST. The Committee had under consideration the latest Planning Digest prepared by the Head of Physical Development, which advised members about recent appeal decisions.
The Digest indicated (one) that the following appeals had been upheld, viz:- (a) application (A2/1066) for planning permission in respect of the erection of a detached dwellinghouse within the curtilage at 469 North Deeside Road, Cults; (b) applications (A2/2044) and (A2/2045) for hazardous substances consent in respect of sites at North Esplanade East and Sinclair Road, Aberdeen, respectively; and (c) application (A2/1212) for planning permission to erect a new dwellinghouse on a site at 20A Polmuir Road, Aberdeen; and (two) that the appeal against the issue of an Enforcement Notice in respect of the unauthorised commercial use of seven car parking spaces at 172 Skene Street, Aberdeen, had been dismissed.
The Committee resolved:- that the terms of the Digest be noted. 586
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20. MEMBERSHIP OF OUTSIDE BODIES. Reference is made to Articles 15 and 16 of the Minute of Meeting of the Planning Committee on 22nd May, 2003, at which time there was under consideration the matter of the appointment of representatives from the Committee to certain outside bodies such as the Planning Exchange and the North East Scotland Preservation Trust. The resolution of the Committee at its meeting in May was that it be remitted to the Head of Physical Development to prepare a short report on the current situation as regards both bodies and the matter of the appointment of representatives thereto. The Committee now had before it the report requested.
The Head of Service in his report advised of the historic role of the Planning Exchange as a central library for Scotland of Town and Country Planning related information open to local authorities, the private sector and the education sector. Advised also of the current wider remit of the Exchange under its new name of “Information into Intelligence”, IDOX for short; confirmed that membership of IDOX whilst more corporately based, was still considered to be worthwhile as offering best value in terms of easy access to up-to-date information; and suggested that future membership of IDOX be considered by the Policy and Strategy Committee.
The report went on to address the situation with the North East Scotland Preservation Trust (NESPT) which, as a building preservation trust, has as its purpose the buying of unwanted and redundant historic buildings in order to secure their renovation and regeneration. The Head of Physical Development acknowledged that while NESPT had operated successfully in the wider North East of Scotland, little activity had taken place within the City of Aberdeen mainly because of the existence of high property costs; referred to the recognition given to the success of building preservation trusts within the Cities of Glasgow, Edinburgh and Dundee during the recent Four Cities Initiative brought forward by the Government; and suggested that Aberdeen should also be benefiting from Historic Scotland’s subsidy monies by setting up its own Heritage Trust. The report concluded by confirming that a report was to be considered by the Policy and Strategy Committee at its meeting in September which would outline the structure and modus operandi of a proposed Aberdeen Heritage Trust.
The report recommended:- (a) that the information regarding the former Planning Exchange (now IDOX) and the North East Scotland Preservation Trust, be noted; (b) that the Council’s continued membership of IDOX (formerly Planning Exchange) at a cost of £17,500 per annum, be referred to the Policy and Strategy Committee for consideration; and (c) that the Committee decide not to continue with membership of North East Scotland Preservation Trust given the likely arrival of the new Aberdeen Heritage Trust. 587
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The Committee resolved:- that the recommendations contained within the report be adopted.
21. DEVANHA TERRACE - WALL AND RAILINGS. The Committee had under consideration a report by the Head of Physical Development which advised of the preparation of a Town Scheme Project in respect of works to restore the wall and cast iron railings of the gardens on the east side of Devanha Terrace, Aberdeen, which form part of the Marine Terrace Conservation Area.
The report outlined the historic background to the preparation of the Town Scheme which involved the designation of the Conservation Area in 1997, by Historic Scotland as “outstanding for grant purposes”; dealt also with the ownership issues which have affected the maintenance of the gardens in recent times; advised of the financial aspects of the proposal which, following the decision by Historic Scotland to increase 1 its level of support from the normal 25 per cent of costs to 33 /3 per cent on condition that the Council match that increased level of support, would mean that the contribution to the cost of the works by the Council and the participating owners would amount to £30,650 each; and emphasised that the monies expended by the Council would be justified by the resulting high degree of visual improvement to the area which would benefit the wider community as much as the Devanha Terrace residents. By way of conclusion, the report advised that a report dealing with the applications received for grant assistance from the City’s Conservation Fund was to be considered by the Finance Monitoring Sub-Committee at a meeting on 26th August, 2003 and that the grant application in respect of the Devanha Terrace Town Scheme project would be one of those considered at that time.
The report recommended:- that the Committee note the environmental value of the Devanha Terrace project and remit the report to the Finance Monitoring Sub-Committee.
The Committee resolved:- that the recommendations contained within the report be adopted.
22. GUILD STREET DEVELOPMENT (UNION SQUARE) - REQUEST FOR DELEGATED POWERS. The Committee had under consideration a report by the Head of Physical Development which related to the grant of planning permission in October 2000 for a major, mixed use, retail and leisure development on land currently forming Aberdeen Railway Station forecourt, Aberdeen Bus Station and adjacent railway goods shed and yard at Guild Street, Market Street and Palmerston Road, 588
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Aberdeen. The report sought approval from the Committee to the delegation of powers to the Head of Physical Development, in consultation with the Convener, in order that he may deal promptly with requests from the developer for variations to the detailed consent which are considered to be non-material.
The report by the Head of Service referred to the provisions of Section 64 of the Town and Country Planning (Scotland) Act 1997, under which a planning authority at the request of a developer may vary any planning permission granted by it, if it appears to the planning authority that the variation sought was not material; advised of the current practice of the Committee in dealing with such requests where only in those situations involving applications to which objections to the original proposal were received, does a request come before the members for determination; and highlighted the fact that, as regards the Guild Street development, the vast majority of objections received were against the principle of the development, a matter which, following the grant of permission, was no longer an issue. The Head of Physical Development in his report also highlighted the fact that the formal grant of permission had established the main design details of the buildings; that the variations which were likely to be the subject of requests under Section 64 would relate to such matters as internal layout and other minor changes; and that, given the scale of the development, it was anticipated that many requests would be received and it would be a very tortuous and time-consuming exercise if each and every request had to be reported to the Committee.
The report recommended:- that in respect of the Guild Street development, power be delegated to the Head of Physical Development, in consultation with the Convener, to approve requests under Section 64 of the Town and Country Planning (Scotland) Act 1997, for non-material variations to the approved plans.
The Committee resolved:- that the recommendation contained within the report be adopted subject to the inclusion of the Vice-Convener in the consultation process.
23. 649-653 KING STREET - AMENITY NOTICES. Reference was made to Article 1(C) of the Minute of Meeting of the Planning Committee on 7th November, 2002, at which time there was under consideration the application (A2/0795) for planning permission for the erection of a single storey rear extension to the hot food take-away premises at 649 King Street, Aberdeen, and it was resolved, in addition to approving the said application, that it be remitted to the Head of Physical Development in consultation with other officers as appropriate to continue to monitor the odour situation, the traffic situation and the condition of the rear garden areas at 589
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the premises 649 and 653 King Street, Aberdeen, both of which were currently in use for hot food take-away purposes, and to report further in due course. The Committee now had before it the further report requested.
The Head of Physical Development, in his report, advised (one) that, as regards the odour situation in the vicinity of the two hot food premises, only one complaint had been received (December 2002) and the Council’s Senior Environmental Health Officer (Planning Liaison) remained of the opinion that the nature of the odours emitted was not such as would justify the use of the powers available to the Council to deal with a statutory nuisance; (two) that, as regards the traffic situation, roads officers confirmed that the indiscriminate parking of vehicles on King Street by customers was still a problem in the evenings, that any scheme designed to alleviate parking problems would have to be initiated by the Council, that the most effective solution would be for more rigorous enforcement of the existing parking restrictions in the evenings and that the situation in Harrow Road had improved since the street was made one-way and would benefit again from traffic calming measures required in relation to development on the former University Computer Centre site at the junction of Don Street with King Street; and (three) that, as regards the untidy nature of the land to the rear of both properties, a recent visit to both sites had revealed that the situation had not improved since November 2002.
The report recommended:- (a) that the content of the report be noted; and (b) that the Committee take the view that the condition of the land to the rear of 649 and 653 King Street represents a situation which is having an adverse affect on the amenity of the surrounding area such as would warrant the serving of formal Notices under Section 179 of the Town and Country Planning (Scotland) Act 1997 and authorise the Head of Physical Development, in consultation with such other officials as appropriate, to serve Amenity Notices on the owners, lessees and occupiers of the areas of land in question.
At this point the Committee heard the Senior Planner, the author of the report, who by way of update advised members that in the last few days the owner of the rear garden area at 653 King Street had removed various derelict vehicles and items of debris from that area and had also taken steps to deal with the long grass and the weeds, so much so that it was now in an acceptable condition. As regards the situation at the rear of 649 King Street, the officer confirmed that problems were being experienced in the identification of the owner of the rear garden area but that the procedures available to the Council in that regard would be pursued. 590
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The Committee resolved:- (i) that the terms of the report be noted and the situation as regards the rear garden area at 653 King Street be welcomed; and (ii) that the Head of Physical Development be authorised, in consultation with the Legal and Democratic Services Court Team, to serve an Amenity Notice in respect of the land to the rear of 649 King Street, Aberdeen.
24. BLAIRS COLLEGE PROPOSED DEVELOPMENT - COMMENTS. The Committee had under consideration a report by the Head of Physical Development which related to a development proposal being dealt with by Aberdeenshire Council for the former Blairs College site, South Deeside Road, Aberdeen, and in respect of which Aberdeen City Council, as the adjoining planning authority, were being consulted on the basis that the proposed development was likely to affect land within the City area.
The report by the Head of Service contained the detail of the development proposal being considered and upon which the City Council had been invited to comment for reasons related to three broad issues of strategic significance, namely, (one) Structure Plan housing allowance, (two) Green Belt and (three) Roads and Transportation; referred to the listed status of the Chapel at Blairs (Category A) and the College (Category B) and to the existing provision within the Structure Plan for an enabling development at the Blairs site as a means of securing the viable use of listed buildings which may otherwise remain unused and become derelict and unsightly; advised that the proposal for the 220 hectares site at Blairs College was to be the subject of a Development Plan departure hearing later in the year; and highlighted the nature of the concerns being expressed by the City Council’s Head of Roads Management, the detail of which was contained within appendix 2 to the report.
The report recommended:- that Aberdeenshire Council be advised:- (a) that the City Council supports proposals which safeguard the built heritage of the area, particularly where this leads to the enhancement of important listed buildings and landscapes in accordance with NEST Policy 20. This needs, however, to be balanced against other important strategic objectives; (b) that the City Council considers the Blairs application to be a departure from NEST Policies 8, 9, 28 and 31, and that the related strategic planning issues raised by the City Council are taken into account before taking a decision; (c) that the proposal does not meet the aims of National Planning Policy Guideline 17 : Transport and Planning; 591
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(d) that the issues of concern raised from the transport evaluation itemised at Appendix 2 of the report are taken into account when evaluating the scheme; and (e) that the above comments be communicated to the Development Plan departure hearing.
At this point in the meeting the Head of Physical Development confirmed to members that the date of the hearing referred to in his report was Tuesday, 26th August, 2003.
The Committee resolved:- that the terms of the representations to be made to Aberdeenshire Council, as detailed within the report, be approved and it be remitted to the Head of Physical Development to ensure that these are communicated to Aberdeenshire Council at the time of the Development Plan departure hearing.
25. NORTH BEACH AREA - DRAFT PLANNING STUDY. The Committee had under consideration a report by the Head of Physical Development which it was intended should form the basis of a consultation document exploring the wider planning issues surrounding the possible future of the North Beach Area of the City, including the Kings Links, as a focus for sporting and leisure activity for the 21st Century.
The report, by way of background, referred (one) to the consideration by the Committee in December, 2002, of a document entitled The South Beach Planning Study which presented initial ideas aimed at reinvigorating the area of the City’s beach located to the south of the Beach Boulevard and including the Queens Links, as a focus for a landmark, cultural and tourism development, a reference being made at that time of the need to consider a similar study for the North Beach/Kings Links area; and (two) to the consideration by the Council at its meeting on 25th June, 2003 of a report by the Chief Executive in response to a recent announcement by the Scottish Executive and Sportscotland regarding the allocation of funding for the development and implementation of a facility strategy for a range of new or refurbished sports facilities across the country and concerning the establishment of a partnership to prepare and submit a funding bid to the Scottish Executive in respect of a project to improve the sports facility infrastructure of Aberdeen and the North East with a key element of that project being the exploitation of the sports, leisure and tourism potential of the North Beach area of the City. The resolution of the Council at the said meeting included an instruction to relevant officials to establish the Grampian Institute of Sport Partnership and a request that the Partnership submit a bid to the Scottish Executive for a share of the available funding. 592
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By way of further explanation, the report highlighted the need for urgency in this matter if effective public consultation was to be carried out and the planning framework for the area established prior to the submission of the bid in December, 2003; and emphasised that the draft Study for the North Beach area should seek to create the opportunity for a centre of sporting excellence for the North East of Scotland realising the Aberdeen Links as a focus for the regions sports and leisure activity and should seek to build on the South Beach Study and the earlier Beach Improvement Project to complete the planning framework between the mouths of the rivers Dee and Don. The Head of Physical Development, in his report, also emphasised that the issues highlighted within the draft Study were for initial discussion, that consultation was vital to the success of adopting a planning framework for any area and that the draft Study sought to investigate the various different sites and the possibility of their inclusion within an overall sports and leisure strategy for the area.
The report proceeded to define the area the subject of the Study in the context of the proposed bid, to be entitled the Grampian Sports Infrastructure Development Project, and to envisage the phased implementation of a multi-facility programme of proposals to provide inter alia a major sports centre, which would include regional facilities for athletics and hockey, to be developed jointly by Aberdeen City Council and the University of Aberdeen at Linksfield; a football academy, with indoor and outdoor facilities, to be jointly developed by Aberdeen City Council and Aberdeen Football Club at Aulton; a community stadium on a site near the Beach Leisure Centre, which could be used by, among others, Aberdeen Football Club; improvements to golf facilities and a range of transport and other infrastructure improvements. The planning policy background for the identified area was also outlined within the report as were the findings of the Aberdeen Landscape Character Assessment relative to the beachfront, published by Scottish Natural Heritage. The report addressed general land and property issues from the point of view of existing businesses and clubs in the area that could be affected and also from the point of view of possible land contamination problems. The draft Study itself set down general development principles as regards a mix of uses that could enable increased employment opportunities, homes and open spaces within an enhanced environment which respected its unique Links setting; addressed the issue of the Kings Links Golf Course which it was intended should remain largely as it currently existed subject to enhancement and improvement as opportunity dictated; indicated that although the reality of providing a Community Football Stadium was very much in its infancy and would require much detailed analysis to determine feasibility and funding, such a Stadium would require to be of the highest quality design and become a lasting legacy for the citizens of Aberdeen with possible links to an Energy Futures Centre at South Beach in terms of energy efficiency; referred to the findings of the recently completed Sports Pitch Strategy for Aberdeen in the context of creating a Football Academy in the general location of the existing sub-standard grass pitches at Aulton, 593
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highlighting the need for landscape improvements in that area and, possibly, the relocation of the Cat and Dog Home; identified the currently vacant Linksfield Academy complex and surrounding area as an ideal base for a Centre of Sporting Excellence for the north east focusing on the provision of regional facilities for athletics, hockey, swimming, etc., indicating the need, as part of that, to consider carefully such issues as access, parking and the possibility of a pedestrian link to Aberdeen University’s Kings College Campus on the other side of King Street; and included a reference to the site at Seaton identified for a Mosque, community facilities and open space, which it was felt would benefit in a number of ways from being part of the draft Study.
In addition to specific development possibilities, the Study addressed the likely impact on the local community and the need for developer contributions towards the cost of, e.g. new community facilities which are readily and safely accessible and also the implications for Seaton Primary School and immediately surrounding area of the possible introduction of a new link road to Bridge of Don. The need for a comprehensive traffic assessment was regarded within the Study as inevitable given the introduction into the area of several major public facilities and some of the ideas being identified; included the possible introduction of a new access road effectively extending Golf Road to Donmouth, the importance of providing adequate access to each of the proposed development sites whilst at the same time ensuring that a through route for “rat running” traffic was not created and the possibility of introducing a Light Rail Transport system to provide a link from the central shopping area at Union Street to all the facilities. The Study also highlighted the need for an Environmental Impact Assessment to be carried out at the earliest opportunity in order to inform the development principles and assist in the planning process, the suggestion being that the EIA be undertaken as part of a masterplanning exercise for the whole area.
The report recommended:- that the Committee approve the draft Planning Study for the North Beach Area for the purpose of public consultation, the results of which consultation would be reported back to Committee at its meeting in October, 2003.
A lengthy discussion on various aspects of the draft proposals ensued during which the need to get the transportation links, not only with the city centre but with all parts of the city, just right, was emphasised as was the importance of addressing the issue of car parking; the importance of looking after the local community interests was highlighted; the lack of adequate sport and recreation facilities in other parts of the city, e.g. the west end, was commented upon; and the relationship between proposals which made up the North Beach Planning Study and the wider Grampian Sports Infrastructure Development Project, was explained. In response to questions the members were advised as to the means by which the whole of the city would be 594
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given the opportunity to comment on the draft proposals for the North Beach Area and as to how the Local Plan process represented the best means of pursuing the provision of sport and recreation facilities for those areas of the city which are currently deficient in that respect. In this latter regard, the Corporate Director for City Development Services advised members of his intention to report in the near future to the Community Services Committee.
The Convener moved, seconded by Councillor Greig:- That the North Beach Planning Study as drafted be approved for the purpose of public consultation city-wide and it be remitted to the Head of Physical Development to report again to the Committee in October, 2003 on the outcome of that consultation exercise.
Councillor James Lamond moved as an amendment, seconded by Councillor June Lamond:- (a) that the North Beach Planning Study, as drafted, be amended by the deletion of any reference to a Community Football Stadium on a site near the Beach Leisure Centre; and (b) that it be remitted to the Head of Physical Development to undertake the public consultation exercise on the basis of the amended draft and to report.
On a division, there voted:- for the motion (14) - the Convener; the Vice-Convener; and Councillors Clark, Collie, Cormack, Dempsey, Duncan, Greig, Hunter, Jaffrey, Leslie, Pamela MacDonald, May and Webster; for the amendment (2) - Councillors James Lamond and June Lamond.
The Committee resolved:- that the terms of the successful motion be adopted.
Councillors James Lamond and June Lamond intimated their dissent from the foregoing resolution.
MATTER OF URGENCY
The Convener indicated that, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973, as amended, he was of the opinion that the item of business referred to in the final article should be dealt with at the meeting of the Planning Committee that day as a matter of urgency 595
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for the reason that it related to a breach of planning control which could have wider environmental implications.
EXEMPT INFORMATION
Before proceeding to consider the following item of business, the Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, to exclude the public from the meeting on the ground that it was likely in view of the nature of the matter to be discussed that if members of the public were present there would be disclosure to them of exempt information as defined within paragraphs 6 and 12 of Schedule 7(A) to the said Act.
26. GRANDHOLM MILL SITE - BREACH OF DEVELOPMENT CONTROL. Reference was made to Article 22 of the Minute of Meeting of the Planning Committee on 10th April, 2003, at which time there was under consideration a report by the Head of Physical Development which advised of a breach of planning control that had occurred in connection with the construction of the mixed residential and commercial development (urban village) granted permission for the former Grandholm Mills site at Grandholm, Aberdeen, and it was resolved to instruct the Corporate Director for Legal and Democratic Services to serve on the developer, appropriate Enforcement Notices under Part VI of the Town and Country Planning (Scotland) Act 1997. The Committee now had before it a further report on the matter by the Head of Physical Development.
The Committee heard the Head of Development Control for the North Area of the city who reminded members of the nature of the problem being dealt with and advised of the considerable progress that had been made as a direct result of the very extensive and intensive work carried out, especially with regard to Phase 1 (Plots 1-18 and 86- 94) where house sales either had been or were near to being concluded. The officer indicated that, as regards Phase 1, the issues covered by the relevant planning conditions are almost resolved which, in turn, would clear the way for occupation.
On the matter of the earlier instruction by the Committee for the service of Enforcement Notices, the Head of Development Control North referred to external legal advice received as regards the wording for the notices and the response of the developers to that advice in the form of appropriate insurance cover which would provide protection over and above the risk based assessment and remediation strategy required by the planning conditions and, as a result of which, the earlier 596
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instruction with regard to Enforcement Notice procedure had not been actioned. A brief update on the situation relative to Phase 2 of the development was also provided and members were reminded that although the situation appeared to be resolving itself, the Enforcement Notice option continued to be available should that be required.
The terms of a press statement of the current situation at Grandholm was read to the Committee at this point.
The Committee resolved:- that the steps taken and proposed towards resolving the outstanding contamination issues at the former Grandholm Mills development site be noted and officers be authorised to withhold the service of Enforcement Notices at this time subject to satisfactory progress continuing on those matters highlighted within the report. - SCOTT CASSIE, Convener. 597
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(Article 2(A)) – APPENDIX A
Planning (Visiting) Sub-Committee 19th June, 2003
ABERDEEN, 19th June, 2003. - Minute of Meeting of the PLANNING (VISITING) SUB-COMMITTEE. Present:- Councillor Cassie, Convener; Councillor Delaney, Vice-Convener; and Councillors Collie, Dempsey, Hunter, Jaffrey and Stephen. Also present as Ward Representative:- Councillors Allan and Pamela MacDonald.
VISITS
1. 119 VICTORIA ROAD, TORRY, ABERDEEN. With reference to Article 14(i) of the Minute of Meeting of the Planning Committee on 12th June, 2003, the Sub- Committee had under consideration (a) the application (A3/0676) seeking change of use of the vacant retail unit at 119 Victoria Road, Torry, Aberdeen, to form a hot food takeaway outlet; and (b) the report on the application which the Head of Physical Development had submitted to the Committee recommending refusal.
The Sub-Committee this day visited the application site where the Planning Officer described the proposal for change of use which also involved the building of a small flat-roofed extension to the rear as a link between the main building and a large double garage which was intended to be used as a store; advised of the concerns expressed in a letter of representation from a neighbouring resident, which related to likely noise and disturbance, litter and left-over food and also the likelihood of illegal parking and traffic congestion giving rise to road and public safety hazards; advised also of a letter of support from agents on behalf of the applicant disputing the assumption that the proposed development would create road safety problems; and indicated that while the proposal complied generally with the Council’s guidelines on hot food shops, the road safety concerns were felt to be such that they outweighed the other material considerations arising.
At this point the Council’s Principal Roads Engineer addressed the Sub-Committee when he highlighted the location of a nearby bus stop, the existence of a pedestrian refuge island on Victoria Road in close proximity to the vacant shop and also the existence of single yellow line restrictions on kerbside parking immediately adjacent to the site, as clear evidence that the surrounding area experienced heavy pedestrian traffic and that the safety of those pedestrians would inevitably be put at greater risk by the introduction of a hot food takeaway facility at the application site. The roads officer drew attention to the current scheme of parking control and restrictions in the area, which meant that while it would not be legal for car borne customers of the takeaway to park immediately outside the shop during the day, this would inevitably happen and public safety would be put at risk as a result. The particular location of the site at the “T” junction of Grampian Road with Victoria Road, was also highlighted by the roads officer as being particularly problematic from the point of view of cars 598
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Planning (Visiting) Sub-Committee 19th June, 2003 parking or stopping immediately outside the proposed takeaway. The roads officer concluded his remarks by reiterating the view that, from a road traffic and public safety perspective, the application site was clearly not a suitable location for a hot food takeaway outlet.
Councillor Allan was then heard as the local Ward Member, when she drew the Sub- Committee’s attention to the number of vacant retail units that there were on Victoria Road and made the point that the level of empty property was not in the best interests of the area. As regards the road safety and traffic concerns expressed, Councillor Allan reminded the Sub-Committee that even a retail use of the site, which would not require planning permission, would attract a level of traffic to the immediate area; expressed the view that the nearby traffic island on Victoria Road was the main cause of traffic congestion and should be removed; and advised the Sub-Committee that most of the available parking on Victoria Road near to the application site was short term during the day with regular turnover and at night-time prospective customers could park on the single yellow line immediately outside the takeaway. Councillor Allan concluded her remarks by expressing her support for the application in the interests of the local area.
The Sub-Committee resolved:- to recommend that the application be approved subject to appropriate conditions to be determined by the Head of Physical Development.
2. HILTON FARM, PETERCULTER. With reference to Article 9 of the Minute of Meeting of the Planning Committee on 12th June, 2003, the Sub-Committee had under consideration (a) the application (A2/1748) for planning permission in respect of the conversion of part of the large steading building at Hilton Farm, Peterculter, to form three new dwellinghouses; and (b) the report on the application which the Head of Physical Development had submitted to the Committee, recommending conditional approval.
The Sub-Committee this day visited the application site where, on arrival, the Planning Officer in attendance drew members attention to the nature of the access track which was, in fact, the old farm road and, in particular, explained the proposals being put forward by the applicant to upgrade that access by the provision of passing places and the carrying out of resurfacing works.
In dealing with the proposed development, the planning officer confirmed that the existing steading walls would be retained, a new slated roof would be provided and the proposed door and window openings of the new dwellinghouses would, as far as possible, reflect the existing openings in the steading building; indicated that no 599
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Planning (Visiting) Sub-Committee 19th June, 2003 extensions to the steading were proposed, that all three dwellinghouses would have their own garden area and that car parking, in addition to the individual garages to be provided for each house, would be created within the courtyard area; advised of the policy position arising, given the location of the site within a GB2 (Countryside Around Town) designated area which, in terms of the new Structure Plan, was only acceptable if the conversion was combined with associated business space and the site was conveniently located as regards public transport links or access by foot or cycle; addressed the policy issue by expressing the view that business use in such a location would be impractical and unsustainable; confirmed that the proposal did, however, comply with the requirements of the adopted Local Plan and the Council’s adopted guidance on the conversion of steading buildings; referred to the letters of representation received, one of which was from the local Community Council; addressed those concerns raised which had not been the subject of his earlier comments; and reiterated his view that the application could be supported subject to appropriate conditions and the entering into by the applicant of a legal agreement under which the future maintenance of important trees adjoining the site and also the sewage and drainage system for the development, would be secured. As regards the fact that the proposal, if implemented, would represent a departure from the Development Plan, the planning officer in justification of his recommendation referred to the fact that the proposal would involve the retention and conversion of a redundant building which was no longer suitable for the purpose for which it was originally designed and would, as a result, preserve the landscape character of the area and the setting of the city; and indicated that should the Planning Committee be of a mind to support the application, it would require to be forwarded to the Scottish Ministers for their consideration in terms of the appropriate regulations.
At this point, the Sub-Committee heard the local Ward Member, Councillor Pamela MacDonald, who indicated that apart from a concern about the location of the soakaway proposed for the development (a matter which the planning officer had indicated would be the subject of further discussion with the applicant), her main concern was the access track to the site which she felt must be upgraded to an adequate standard and, more importantly, must be maintained to that standard in the future including the passing places to be provided by the developer.
In relation to the concerns over the adequacy of the access track, the Council’s Principal Roads Engineer was heard as regards the steps that would be taken to ensure that the track was brought up to a reasonably acceptable standard and that the proposed passing places were properly constructed. As far as future maintenance of the access track was concerned, the roads officer did agree that given that the surface was not to be a full tarmacadam surface, future maintenance on a regular basis would be required. 600
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The Sub-Committee resolved to recommend:- (i) that, subject to the satisfactory resolution of the concerns expressed regarding the location of the soakaway and the standard to which the access track will be upgraded and the passing places will be constructed, the Committee indicate a willingness to approve the application on the following conditions:- (1) 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 dwellinghouses, nor any means of enclosure shall be erected either on, or in the gardens of, the dwellinghouses hereby approved without an express grant of consent from the planning authority. (2) That no demolition works whatsoever of the walls of the steading shall take place other than those areas shown on Drawing Nos. C/570/3A2 and 1A which are required to form the window and door opening shown on the said drawings. (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 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. (5) That the development hereby granted planning permission shall not be occupied unless the measures to upgrade the access road and to provide passing places along the access road, as shown on Drawing No. C/570/6, have been implemented in full. (6) That the proposed tree planting described on Drawing No. C/570/4A3 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. The landscaped areas shown on the approved scheme shall not be used for any purpose other than that of landscaping unless the planning authority has given written approval for a variation. (7) That the development hereby granted planning permission shall not be occupied unless the scheme for drainage and sewage treatment shown on Drawing No. S11597/02A has been implemented in full. (ii) that it be remitted to the Head of Physical Development to forward the application to Scottish Ministers for their consideration in terms of the Town 601
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and Country Planning (Notification of Applications) (Scotland) Direction 1997, for the reason that the proposal, if implemented, would represent a development which was contrary to the terms of the approved Aberdeen and Aberdeenshire Structure Plan 2001-2016 (North East Scotland Together); and (iii) that in the event that the application is not called-in for determination in pursuance of the notification referred to at (b) above, the Head of Physical Development be authorised to withhold the release of the approval Notice pending the conclusion, in terms satisfactory to the Corporate Director for Legal and Democratic Services, of a binding agreement under which the applicant would undertake to implement, (one) an agreed scheme of protection for the trees which form the wooded area on the north side of the existing steading building; and (two) an agreed programme for the long-term maintenance of the sewage treatment and drainage scheme required to serve the proposed development.
3. JAMES DUN’S HOUSE, 61 SCHOOLHILL, ABERDEEN (CATEGORY “B” BUILDING). With reference to Article 12(ii) of the Minute of Meeting of the Planning Committee on 12th June, 2003, the Sub-Committee had under consideration (a) the application (A3/0792) seeking retrospective planning permission and listed building consent in respect of proposals for the erection of an extension to the rear of James Dun’s House, 61 Schoolhill, Aberdeen, a Category “B” listed building situated within the Union Street Conservation Area; and (b) the report on the application which the Head of Physical Development had submitted to the Committee recommending refusal.
The Sub-Committee this day visited the application site, where the Planning Officer described the proposal with reference to the application drawings and to the building work already carried out; identified the differences between the development applied for under the current application and what was previously approved as part of earlier proposals for change of use and extension of the building; highlighted in particular a reduction of more that 50% in the extent of glazing to be provided within the roof of the extension and also other changes to the roof construction; drew attention also to the blocking off of a window in the extension which it was originally intended would give a view through to a shopping unit within the Academy Shopping Centre; made specific reference to the Council’s duty as planning authority to have special regard to the setting of listed buildings and to the character and appearance of Conservation Areas when dealing with proposals for development; and reiterated the view that the proposals under consideration would totally destroy the rear garden ambience of the area to be enclosed to the detriment of the character of the listed building and should be refused. 602
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Planning (Visiting) Sub-Committee 19th June, 2003
At this point the Sub-Committee heard the Council’s Head of Conservation and Design who expressed concern that what was now being constructed was an extension to the building in the form of an additional room when what had been previously approved was more along the lines of a glazing over of a courtyard area. The Council officer concluded by expressing the view that what was being provided was completely unacceptable and seriously detrimental to the character of the listed building.
The Convener moved, seconded by Councillor Collie:- That the application be refused on the ground that the proposed extension would be highly detrimental to the character of the listed building and, as a result, contrary to policy within the adopted Structure and Local Plans and totally unacceptable.
Councillor Dempsey moved as an amendment, seconded by Councillor Hunter:- (i) that the Sub-Committee express a willingness to approve the application subject to appropriate conditions to be determined by the Head of Physical Development and request that it be forwarded on that basis to Historic Scotland for its consideration in terms of the listed building regulations; and (ii) that the developer involved be summoned to appear before the Planning Committee to explain his actions in ignoring planning regulations and proceeding to construct an extension to a valued listed building without proper authority.
On a division, there voted:- for the motion (5) - the Convener; the Vice-Convener and Councillors Collie, Jaffrey and Stephen; for the amendment (2) - Councillors Dempsey and Hunter.
The Sub-Committee resolved:- (i) to recommend that the application be refused in accordance with the terms of the successful motion; and (ii) to instruct the Head of Physical Development to take steps to advise the Corporate Director for City Development Services, as the Council official responsible for general property matters, of the need to ensure that any works carried out to the listed building by the lessees and/or occupiers, complied strictly with the approval or consent granted. - SCOTT CASSIE, Convener. 603
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(Article 16) – APPENDIX B
Planning Appeals Panel 25th June, 2003
ABERDEEN, 25th June, 2003. - Minute of Meeting of the PLANNING APPEALS PANEL of ABERDEEN CITY PLANNING COMMITTEE. Present:- Councillor Cassie, Convener; and Councillors Collie, Dempsey, and Hunter.
EXEMPT INFORMATION
Before proceeding to consider the business before it, the Panel resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, to exclude the public from the meeting on the ground that it was likely, in view of the nature of the business to be transacted, that if the public were in attendance during consideration thereof there would be disclosure to them of exempt information as defined in paragraph 12 of Schedule 7(A) to the said Act.
APPEAL
1. CULTER HOUSE, CULTER HOUSE ROAD, MILLTIMBER (CATEGORY “A” BUILDING) - RESIDENTIAL DEVELOPMENT. The Panel had under consideration the application (A2/2224) seeking planning permission and listed building consent in respect of a proposal to refurbish the former nursing home at Culter House, Culter House Road, Milltimber, a Category “A” listed building, in order to create thirteen flats, to erect three new dwelling houses in the House grounds and also to provide garage blocks for the proposed flats. The Planning Officer in attendance explained that following receipt of the application, its advertisement and the holding of preliminary discussions with the applicants as regards the need for more information on certain aspects of the proposal, an appeal was lodged with Scottish Ministers on the ground that the Council as planning authority had failed to determine the application within the two month statutory period.
At this point, the Panel heard the Planning Officer who described the proposed development and identified the many concerns which it had raised. The Principal Solicitor (Court) was also heard when she advised with regard to the appeal and the request by the applicants that their appeal be dealt with using the written submissions procedure.
The Panel resolved:- (i) that the appeal be resisted on the basis that the proposal, if implemented, would (1) be contrary to Aberdeen and Aberdeenshire Structure Plan Policy 28 604
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Planning Appeals Panel 25th June, 2003
in that the proposal does not fall within any of the permitted categories of development for green belt land; (2) be contrary to Aberdeen City District- Wide Local Plan policy GB1-New Houses in the Green Belt, as no local need has been established; (3) have a severely adverse and detrimental impact on the designed landscape and setting of Culter House, a Category “A” listed building; (4) be detrimental to traffic safety as vehicular and pedestrian access would not be to an adoptable standard; (5) set an unacceptable precedent for further development of the grounds for housing; (6) result in the unacceptable loss of trees which are protected by a Tree Preservation Order; (7) be detrimental to the amenity of the area in that it would adversely affect the rural character of this part of the green belt and result in the erosion of green belt land; and (8) be contrary to national planning guidance contained within NPPG14:The Natural Heritage and NPPG 18: Planning and the Historic Environment; (ii) that it be remitted to the Corporate Director for Legal and Democratic Services to attend to the Councils interests at the appeal; and (iii) that in view of the importance of the planning issues raised by the application and the strength of feeling against it both locally and by representative bodies, the Inquiry Reporters Unit of the Scottish Development Department be advised that the Council wish the matter to be dealt with by means of a Public Local Inquiry. - SCOTT CASSIE, Convener. 605
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(Article 17) – APPENDIX C
Planning Appeals Panel 10th July, 2003
ABERDEEN, 10th July, 2003. - Minute of Meeting of the PLANNING APPEALS PANEL of ABERDEEN CITY PLANNING COMMITTEE. Present:- Councillor Delaney, Vice-Convener; and Councillors Clark, Collie and Hunter.
EXEMPT INFORMATION
Before proceeding to consider the items of business before it, the Panel resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, to exclude the public from the meeting on the ground that it was likely, in view of the nature of the business to be transacted, that if the public were in attendance during consideration thereof, there would be disclosure to them of exempt information as defined in paragraph 12 of Schedule 7(A) to the said Act.
APPEALS
1. KIRKTON AVENUE/PITMEDDEN ROAD, DYCE - OFFICE EXTENSION WITH CAR PARKING. Reference was made to Article 8(iii) of the Minute of Meeting of the Planning Committee on 10th April, 2003, at which time there was under consideration a report by the Head of Physical Development on the application (A2/1383) for planning permission to erect an extension to an existing industrial building situated on Kirkton Avenue, Dyce at its junction with Pitmedden Road, the extension to comprise a new office block and canteen facility each being 1100 square metres in area with additional car parking spaces also being provided. The resolution of the Committee at the meeting was that the application be refused on the grounds:- (1) the proposal involved the creation of a new, secondary access for vehicles on to Pitmedden Road which would be prejudicial to road safety because of its location on a fast bend in the road; and (2) the proposal would set an undesirable precedent for other similar applications which the planning authority would find difficult to resist.
The Panel at this point heard the Principal Solicitor (Court) who advised that the Committee decision to refuse the application was now the subject of an appeal to Scottish Ministers and also that the applicants had opted for their appeal to be dealt with by way of a Public Local Inquiry. The grounds of appeal lodged by the applicant’s were also before the Panel who were further advised on the appeal by the Principal Solicitor.
The Panel resolved:- (i) that the appeal be resisted; and 606
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Planning Appeals Panel 10th July, 2003
(2) that it be remitted to the Corporate Director for Legal and Democratic Services (a) to attend to the Council’s interests at the appeal, and (b) to seek to engage the services of an independent traffic consultant to assist with the presentation of the Council case.
2. 7-9 LANGSTANE PLACE, ABERDEEN (PARKERS PLACE) - VARIATION OF CONDITION TO PERMIT EXTENSION OF OPENING HOURS. Reference was made to Article 7 of the Minute of Meeting of the Planning Committee on 16th January, 2003, at which time there was under consideration a report by the Head of Physical Development on the application (A2/1938) for a variation to condition 1 of Planning Approval 96/2190, which authorised the use of the premises at 7-9 Langstane Place, Aberdeen (Parkers Place), as a hot food take-away, to permit operation of the facility between the hours of 3.00am and 4.00am on Saturday and Sunday mornings. The decision of the Committee at the meeting was that the application be refused on the ground that the proposal, if implemented, would have a seriously detrimental impact on surrounding residential amenity by reason of the increase in noise nuisance and litter nuisance that would be caused, the noise nuisance in particular occurring at a totally unacceptable time during the night.
The Panel at this point heard the Principal Solicitor (Court) who advised that the Committee decision to refuse the application was now the subject of an appeal to Scottish Ministers and also that the applicant had requested that his appeal be dealt with using the written submissions procedure. The grounds of appeal lodged by the applicant were also before the Panel who were further advised on the appeal by the Principal Solicitor.
The Vice-Convener moved that the appeal be resisted but his motion was not seconded and was not, therefor, put to the meeting.
The Panel resolved:- that the planning authority do not resist the appeal and instruct the Corporate Director for Legal and Democratic Services to advise the Scottish Development Department Inquiry Reporter’s Unit accordingly. - STEVEN DELANEY, Vice-Convener.