Agenda and minutes

No interests were declared in accordance with the Councillors’ Code of Conduct.

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

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 9 of business below, on the grounds that it involves the likely disclosure of exempt information of the class described in paragraph 8 of Part 1 of Schedule 7A of the Act.”

The Committee agreed, 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 9 of business, on the grounds that it involved the likely disclosure of exempt information of the class described in the paragraph 8 of Part 1 of Schedule 7A of the Act.

There had been circulated and was approved as a correct record the minute of the meeting of 12 December 2023.

There had been circulated a report dated 9 January 2024 by the Director of Environment and Infrastructure Services, which sought consideration of the planning application outlined within. 

The Senior Planner introduced the application which was recommended for approval and the Committee heard an oral representation from the agent on behalf of the applicant.

During discussion, the Members asked about access to the car wash; the type of equipment to be used; the hours of operation; how many customers were anticipated daily; whether lighting would be required on site and if a Lighting Strategy could be conditioned if considered appropriate; if the gates to the site would be locked when the business was closed; whether the site would be manned; whether people would have time to visit local businesses while their car was being washed or if they would remain on site; drainage; and for clarification on the number of car parking spaces available and whether the flats above the office had a right to use the car park.

Members also sought assurance regarding pedestrian safety and issues in cars backing up, in relation to the proposed entry and exit from Station Road, noting that much of the pavement was lost to access stairs for the adjacent day care centre. Officers advised that the anticipated levels of traffic were no more than those of the previous business, and the access lane being 4.5m was wide enough to accommodate two cars passing each other. It was further noted that the Roads Service were satisfied with the current visibility splays.

As regards any concern about noise, it was highlighted that noise levels could not be conditioned as this was a matter for Environment Health, not the Planning Service.  Environmental Health had confirmed that they were satisfied with the current proposals.

Following debate, the Committee agreed to defer consideration of the application, pending a site visit to consider whether it met Policy P1 of the Aberdeenshire Local Development Plan 2023, in terms of its layout, siting and design. 

There had been circulated a report dated 21 December 2023 by the Director of Environment and Infrastructure Services, which sought consideration of the planning application outlined within. 

The Senior Planner introduced the application which was recommended for approval and the Committee heard an oral representation from the applicant.

During discussion, Members asked about the Summary of Changes document which had not been available on the planning website, being assured that this was now visible and that all drawings had been available for comment during the consultation period.

Members also asked whether the revised house types had the same number of bedrooms; whether the proposed air source heating would be noisy, though commenting that the change of heating type was welcomed and querying whether this was intended for the full development; noted that there was no intention to use photovoltaic heating systems; noted that there would be no change to the Developer Obligations due; queried the change in size of height and footprint and impact on garden and driveway sizes; asked about the change in roof apex size and whether this could impact potential for flooding; sought clarity on the open space provision and plans for planting; and asked whether there were any changes to the proposed SUDS arrangements.

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

01.        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). 

02.        No works in connection with the development hereby approved shall commence until the off-site road improvement works required to provide emergency access between the B999 and Ingleside have been completed and brought into public use. Details of all off-site works would require to be agreed with Aberdeenshire Council through the relevant Roads Construction Consent / Section 56 Consent process and thereafter fully implemented prior to any occupation of the development. 

          Reason: In the interests of road safety and preserving the amenity of the village and the occupants of the proposed development. 

03.        No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation has been submitted to and approved in writing by the planning authority and a programme of archaeological works has been carried out in accordance with the approved written scheme of investigation. The written scheme of investigation shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis the development hereby approved shall not be occupied unless a post-excavation research design (PERD)  ...  view the full minutes text for item 5.

There had been circulated a report dated 8 December 2023 by the Director of Environment and Infrastructure Services, which sought consideration of the planning application outlined within. 

The Senior Planner introduced the application which was recommended for approval.

During discussion, the Members asked about the arrangements for water provision; and how many jobs the proposal would create.  Members sought clarity on whether the site was accessible by foot and the Roads Service confirmed that the route would not be considered suitable for walking or for inexperienced cyclists. As this was a very small-scale development, it was considered unreasonable to ask the applicant to install a footpath and bus-stop but it was noted that the roads and parking available onsite could accommodate a minibus, should this be considered an appropriate alternative to access by private cars only, and on this occasion a departure from the Council’s Trasport Policy was being sought.

Councillor Ritchie, seconded by Councillor Hassan, moved that the application be granted in line with the recommendations in the report.

Councillor Johnston moved as an amendment that the application be refused on the grounds that the access arrangements were contrary to the Council’s Transport Policy, with unsafe walking and cycling routes to the site, and no public transport options available.  There being no seconder, the amendment fell.

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

01.        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). 

02.        No works in connection with the development hereby approved shall commence unless a scheme of hard and soft landscaping works has been submitted to and approved in writing by the planning authority. 

          Details of the scheme shall include: 

a)          The location of new trees, shrubs, hedges, grassed areas and water features; 

b)          A schedule of planting to comprise species, plant sizes and proposed numbers and density; 

c)          The location, design and materials of all hard landscaping works including walls, fences, gates, street furniture and play equipment; 

d)          A programme for the implementation, completion and subsequent management of the proposed landscaping. 

          All soft and hard landscaping proposals shall be carried out in accordance with the approved planting scheme and management programme. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the planning authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all hard landscaping works shall thereafter be permanently retained. 

Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the  ...  view the full minutes text for item 6.

There had been circulated a report dated 4 January 2024 by the Director of Environment and Infrastructure Services, which sought consideration of the Masterplan outlined within. 

The Senior Planner introduced the report and welcomed questions from the Committee.  Members asked whether there was a pedestrian link to the OP2 site; queried why a new wetland area was to be created when the current wetland area was natural and attracted many birds; sought confirmation that the proposed play area could take any form and did not have to be that of the traditional type of play area, given it’s close proximity to one in the area already; asked whether the Masterplan could provide details of opportunities for different zones – for example orchards, community gardens etc, but noted that this information was detailed within NPF4 and could be available during any pre-application discussions with the Planning Service; noted that if the Masterplan was agreed it would become supplementary guidance for any future planning applications; and commented that the third phase of the development was in the middle of the site, but accepted that changes could not be made at this stage and the Committee had to determine whether to agree or to not agree the Masterplan that had been provided.

Following consideration of the information provided, the Committee:

(1)           agreed the Masterplan for Site OP3 Newburgh as the context for the general layout and approach for subsequent planning applications, and

(2)       agreed the Masterplan for Site OP3 Newburgh to be used as a material consideration in the determination of any subsequent planning applications. 

The Committee had before them and noted a report by the Formartine Area Manager, updating on matters that had previously been discussed by the Committee but remained to be resolved. 

After noting the verbal updates provided, the Committee agreed to discharge Item 1; and again, reiterated the importance of Item 2 progressing as soon as possible.

There had been circulated a report dated 10 January 2024 by the Director of Environment and Infrastructure Services, which detailed the proposed Service Procurement Plan for 2024-2025, for procurements with a contract value of £50,000 or more that were planned for the coming financial year, subject to budget approval, and which fell within the remit of Formartine AreaCommittee.  

The Business Support Leader introduced the report, clarifying that the estimated end date for the first two projects at Appendix 2 was 31 March 2025, not 2024 as detailed within the report. 

Following consideration of the information provided, the Committee:

(1)           noted the Directorate Procurement Plan as detailed in Appendix 2, 

(2)           approved the items on the Procurement Plan identified as falling within the remit of the Committee, and  

(3)           agreed not to reserve the approval of the Procurement Approval Form for any item on the Procurement Plan where the value of the matter was between £50,000 and £1,000,000.