Agenda and minutes

In accordance with the Councillors’ Code of Conduct the following declarations of interests and transparency statements were made.

Consider, and if so desired, adopt the following resolution:-

(1)        to have due regard to the need to:-

(a)               eliminate discrimination, harassment and victimisation;

(b)               advance equality of opportunity between those who share a protected characteristic and persons who do not share it; and

(c)               foster good relations between those who share a protected characteristic and persons who do not share it.

(2)        where an Integrated Impact Assessment is provided, to consider its contents and take those into account when reaching a decision.

In taking decisions on the undernoted items of business, the Committee agreed, in terms of Section 149 of the Equality Act 2010:-

(1)       To have due regard to the need to:-

(a)  eliminate discrimination, harassment and victimisation;

(b)  advance equality and opportunity between those who share a protected characteristic and persons who do not share it; and

(c)  foster good relations between those who share a protected characteristic and persons who do not share it, and

(2)       to consider, where an Integrated Impact Assessment has been provided, its contents and to take those into consideration when reaching a decision.

Consider, and if so decided, adopt the following resolution:- “That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item(s) of business below, on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant paragraphs of Part 1 of Schedule 7A of the Act.”

The Committee agreed, in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, to exclude the public from the meeting during consideration of the items specified below so as to avoid disclosure of exempt information of the classes described in the undernoted paragraphs of Part 1 of Schedule 7A of the Act.

Item No                                       Paragraph No of Schedule 7A

                8                                                                          8

There had been circulated and was approved as a correct record the Minutes of the Meeting of 23 January 2024, subject to the following amendments:

Item 1 – Cllr Dickinson declaration of interest amend to ‘Declaration of interest in one of the two grant applications in item 8 by virtue that she was previously involved with the Stonehaven Recreation Grounds (as a trustee) during the Participatory Budgeting exercise. As this application relates to a project that resulted from this participatory budget exercise, she advised she would leave the meeting for the part of the discussion relating to that application and would not vote on that application.

Item 9 - amend to ‘As the Chair had declared an interest in the first grant application (Stonehaven Recreation Grounds) and left the meeting, the Vice Chair presided for that discussion. The Vice chair also retained the chair role for the second item although the chair returned to participate in discussions pertinent to the second item (Drumoak school council application).

A report by the Director of Environment & Infrastructure Services was circulated detailing the items of outstanding business as at 13 February 2024.

Committee agreed to discharge item 1 as information had been provided to Members.

There had been circulated a report by the Director of Environment and Infrastructure Services which sought consideration of a draft Development Plan Scheme.

The Team Leader Planning and Economy introduced the report and provided a brief overview. Aberdeenshire Council are required to prepare a Development Plan Scheme (DPS) annually for submission to the Scottish Government, the last DPS was published on 11 May 2023. The report outlines the timetable and participation statement for the Local Development Plan which will be adopted in 2029. The draft DPS amended by comments from Area Committees and public engagement, will be presented for approval to Infrastructure Services Committee on 16 May 2024.

Members raised concerns regarding the tension between the National Planning Framework 4 and the Local Development Plan with reference to energy developments and the local landscape, queried where the balance lies. The Team Leader advised the Service are looking at the issues as is the Scottish Government.  A topic paper (part of the evidence gathering stage) has been out for consultation on land protection and special areas, responses will be evaluated along with options for taking forward.

During discussion Members sought clarity on slippages in timescales; project management; comparisons with neighbouring local authorities; language used in the IIA with reference to young people and disabilities; need for a clear and shared understanding on what the definition of community wealth building is and that a printable version of the DPS can be made available if requested. 

Members reinforced the importance of Local Place Plans for local communities and queried how these are fed into the Development Plan process, they were assured that Plans are considered during the call for ideas stage and that local community councils are engaged in the process. 

Committee agreed to:-

1.             note and agree the content of the Draft Development Plan Scheme 2024; and

2.        provide the following comments to Infrastructure Services Committee on 16 May 2024:

a)    Clarity required on the tensions between the National Planning Framework 4 and Local Development Plan, with specific reference to Energy; and

b)    Project slippage - ensuring engagement with communities and councillors is not affected; and

c)    IIA – refinement of the language used with specific reference to young people and disabilities; and

d)    Ensure paper copies of Development Plan Scheme and public engagement documents are available in print versions if required.

e)    Community wealth building definitions are clear and understandable; and

f)      Importance of Local Place Plans to be acknowledged.

There had been circulated a report by the Director of Environment and Infrastructure Services which sought consideration of an application for full planning permission for erection of dwellinghouse and garage.  

The Senior Planner introduced the report and provided details of the application referencing layout, siting, design and highlighted the objection from Built Heritage.  He concluded that the Planning Service are satisfied the proposal is of suitable scale, siting and design which posed no impact on the wider landscape and would not detrimentally impact on the setting of any listed buildings.

The Committee agreed to grant Full Planning Permission subject to the following conditions:

1.   In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended) this planning permission will lapse on the expiration of a period of three years from the date of this decision notice, unless the development is begun within that period.

Reason: Pursuant to Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended).

2.    Prior to commencement of development;

a)    visibility splays, measuring 2.4metres by 68metres to be formed on the northwest approach and 2.4m by 120m to be formed on the southeast approach of the junction of the vehicular access with the public road.  The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays in accordance with the approved plans.  Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed;

b)   the junction with the B9120 will require to be surfaced with an appropriate bitmac material for a minimum of 5metres from the public road.

Reason: To enable drivers of vehicles using the access to have a clear view of other road users and pedestrians in the interests of road safety.

3.    The proposed development shall not be brought into use unless the proposed private water treatment system has been installed in accordance with the approved water risk assessment.  Once installed the private water treatment system shall thereafter be permanently retained.

Reason: To ensure the long term sustainability of the development and the safety and welfare of the occupants and visitors to the site.

4.   Prior to the occupancy of development:

•   The first 5 metres of new access (measured from the edge of the road or back of footway) to be fully paved and not exceed 1 in 20;

•   A suitable vehicle turning area measuring not less than 7.6metres by 7.6metres must be formed within the site and three off street parking spaces should be provided and surfaced in hard standing materials within the site;

•   A refuse bin uplift storage area shall be constructed (behind any visibility splay) so as to be accessible for bin uplift and shall be secure enough to prevent empty bins from being windblown.  Details must be submitted to Roads  ...  view the full minutes text for item 6.

There had been circulated a report by the Director of Environment and Infrastructure Services which sought consideration of an application for full planning permission for erection of public house, staff accommodation, car parking and landscaping. 

The Senior Planner outlined the details of the application, referencing siting, layout, design and highlighted the 6 representations received (4 in support, 2 objection) regarding amenity and wildlife.  The Planner outlined the wider benefits the development could serve in the community, highlighted the previous consents on the site and advised it is considered that the proposal can be supported as a departure from the Local Development Plan.

Members raised queries regarding flooding; drainage systems; habitat on the site, greenfield status and EV charging, they were reassured that flood risk assessments had been carried out, noted that mitigation of drainage and development of the site comes down to good practise.

Committee agreed to grant Full Planning Permission subject to the following conditions:-

1.    In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended) this planning permission will lapse on the expiration of a period of three years from the date of this decision notice, unless the development is begun within that period.

Reason: Pursuant to Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended).

2.   No development in connection with the permission hereby granted shall commence and the access hereby approved shall not be brought into use unless visibility of 90 metres in both directions along the channel line of the [public road] has been provided from a point 2.4 metres measured at right angles from the existing edge of the carriageway surface along the centre line of the approved new access in accordance with the Council's Standards for Road Construction Consent and Adoption.  The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays in accordance with the approved plans. Once formed, the visibility splays shall be permanently retained thereafter and no visual obstruction of any kind shall be permitted within the visibility splays so formed.

Reason: To enable drivers of vehicles using the access to have a clear view of other road users and pedestrians in the interests of road safety.

3.   Prior to commencement of development, the new access shall be formed as shown on drawing no. XXS-RAC-ZZ-XX-DR-C-0102-A Revision A. The existing field access at the eastern end of the A93 frontage must be removed and the verge/footway reinstated as shown on drawing no XXS-RAC-ZZ-XX-DR-C-0103-A Revision A The maximum gradient of the first 5m of the new access shall not exceed 1:20 gradient and the access shall be internally drained and formed in such a way to prevent any flow of surface water either onto or from the public road. The junction that the new access forms with the public road shall be kerbed to a radii of 8m, the  ...  view the full minutes text for item 7.

A report by the Director of Environment and Infrastructure Services was circulated advising Members that Directorates must report a Procurement Plan to their respective Committees annually in terms of the Scheme of Governance. This report covers Environment and Infrastructure Services (E&IS) related procurements with a contract value of £50,000 or more that are planned for 2024-2025, subject to budget approval, and which fall within the remit of Kincardine and Mearns Area Committee.

The Committee agreed:

1    the items on the Procurement Plan identified as falling within the remit of the Committee; and

2    to not reserve the approval of the Procurement Approval Form for any item on the Procurement Plan where the value of the matter is between £50,000 and £1,000,000; and

3.   request an informal update on progress of the Plan in 6 months.