Agenda and minutes

Garioch Area Committee - Tuesday, 6th February, 2024 9.30 am

Venue: Ury Room, Gordon House, Blackhall Road, Inverurie, AB51 3WA (with virtual attendance). View directions

Contact: Alison Cumming 

Media

Items
No. Item

1.

Declaration of Members' Interests

Minutes:

In accordance with the Councillors’ Code of Conduct, no interests were declared, or transparency statements made.

2A

Public Sector Equality Duty pdf icon PDF 232 KB

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.

Minutes:

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.

 

3.

Minute of Meeting pdf icon PDF 111 KB

Minutes:

In accordance with Standing Order 7.1.1, the Committee agreed that the minute was a correct record of proceedings.

 

4.

Statement of Outstanding Business pdf icon PDF 93 KB

Minutes:

A report by the Director of Education and Children’s Services was circulated detailing the items of outstanding business as at 6 February 2024.

 

The Committee agreed to:-

 

1.         note the items of outstanding business as at 6 February 2024; and

 

2.         request that information about the meeting held with SEPA in             December be included within the next update regarding Littlewood        Court.

 

5.

Responses to queries previously raised by the Committee - Education and Children's Services pdf icon PDF 98 KB

Minutes:

A report by the Director of Education and Children’s Services was circulated providing responses to queries previously raised by the Committee.

 

The Area Manager provided further clarity around the reasons why data was unable to be provided for young people attending academies outwith Aberdeenshire.  It was welcomed that information for Aberdeenshire academies outwith Garioch but where Garioch pupils attend, would be provided as appropriate along with the other attainment data.

 

The Committee agreed to note the responses provided.

 

6.

Alterations and extension to building to form drive through takeaway, formation of new vehicular access and change of use of land to form playpark with erection of associated structures and pathways (Retrospective) at Marshall's Farm Shop, Kintore (APP/2023/1278) pdf icon PDF 11 MB

Additional documents:

Minutes:

The Chair indicated that a request to speak had been received from the agent.  The Committee agreed to hear from this party on the application.

 

The Senior Planner explained that the site was Marshalls Farm Shop which was situated on the A96 and was accessible from both carriageways.  She confirmed that the application was retrospective and contained three elements, a route for drive through traffic, booths to serve drive through customers and a children’s play space.  She explained that the booths would only see minor changes to the existing building to accommodate the drive through and would have timber cladding and black windows.  She said that the play space, although unconventional in design, was largely timber equipment and was considered to be acceptable.  She said the road layout was considered acceptable and that the current private water supply was not considered to be an issue for the type of proposal.  She confirmed that a condition in relation to drainage matters would require to be attached to the grant of any permission.

 

Members asked for clarification around pedestrian accessways, water supply and parking arrangements for those waiting for orders.  The Senior Planner explained that there was no markings or signage proposed for pedestrians.  She confirmed that the water supply for the original development required public water supply, but it was currently using a private supply, but that that would be picked up through enforcement of conditions.  She clarified that there was a wider area around the booths which would accommodate a small number of vehicles stopping to wait for an order if this was necessary.

 

The Chair invited Jennifer Ross, agent for the application, to address the Committee.  Mrs Ross provided responses to some of the questions already raised by the Committee.  Members also asked about the quality of the private water supply.  Mrs Ross confirmed that it was tested by Environmental Health annually and it was satisfied with the quality.  She indicated that the applicant intended to seek the removal of that condition from the original application.  The Chair thanked Mrs Ross and opened the debate.

 

Members were generally content that the proposals were appropriate and could be granted, but some concerns remained about the movement of traffic on site and the impact on the safety of pedestrians walking from the car park.  Concerns about the water supply were also raised but were generally considered to be acceptable as there was regular monitoring of the private supply and no issues had been identified to date.

 

Committee agreed that:-

 

a)       the reason for departing from the Development Plan is that the proposed drive-through aspect of the proposal is not supported by NPF4 Policy 27 City, town, local and commercial centres which only supports this type of development where they are specifically supported in the LDP. LDP2023 does not include any sites allocated for drive-throughs. The proposed drive-through is however ancillary to an existing farm shop and associated café and unlikely to negatively impact on the principles of local living or  ...  view the full minutes text for item 6.

7.

Part Change of Use of domestic garden ground and erection of cattery (sui generis) at Craiguan, Inverurie (APP/2023/1977) pdf icon PDF 280 KB

Additional documents:

Minutes:

The Senior Planner explained that the proposed cattery would be located within the large triangular garden of a dwellinghouse in a residential part of Inverurie.  She confirmed that the building would be no higher than a normal garden shed and was located at a distance from neighbouring properties that would not result in any adverse impact on neighbours.  She confirmed that three parking spaces were to be provided on site and that the access to the east would be blocked off due to poor visibility.  She said that an area of hedging was to be taken down to improve visibility at the remaining access.

 

She explained that the proposals would see the loss of two trees, but that these were the lowest quality of the trees on site and that a condition was recommended to ensure that tree protection measures were in place to protect the roots of the remaining trees during construction.

 

Members sought clarification on access, parking, impact on amenity of neighbours, the justification of need for the service and removal of trees.

 

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.       No other development in connection with the permission hereby granted shall commence and the access hereby approved shall not be brought into use unless visibility of 25 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 each 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 the development hereby granted the area of hedges indicated on CTA drawing reference number 0823/08-21 B shall be removed.

     

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.

 

4.        The development hereby permitted shall not be bought into use until the vehicular access and car parking provision has been constructed in accordance with  ...  view the full minutes text for item 7.

8.

Aberdeenshire Local Development Plan Scheme 2024 pdf icon PDF 123 KB

Additional documents:

Minutes:

A report by the Director of Environment and Infrastructure Services was circulatedpresenting the timetable and participation statement for the Local Development Plan that is anticipated would be adopted in 2029.  Any comments following consultation with Area Committee and public engagement are to be considered along with the Draft Development Scheme by Infrastructure Services Committee on 16 May 2024.

 

The Team Leader gave the Committee a comprehensive update on the proposals, the process and the delays already impacting on the timelines.

 

Members asked about the consultation/engagement particularly with Community Councils and young people.  They sought clarification about the input from Scottish Government and how slippages in timescales would be managed.  They were assured that the Team was looking to undertake activities more efficiently and to minimise costs and that the small Local Plans Team was aided in the development of the information by other services within the Council.

 

Members were concerned that the topics being circulated for engagement were not easy to understand and that this may put people off becoming involved.  They were also keen that every opportunity to engage with young people was investigated and suggested using the Youth Forum in conjunction with the Education and Children’s Services Committee.

 

The Committee agreed to:-

 

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

 

2.        provide the following comments for consideration by the Infrastructure Services Committee prior to approval of the Scheme:

 

a)         Concerned that the topics, as shown on Engage HQ, are very theoretical and not locally engaging. As a result, it is not made easy for the general public to engage; and

 

b)        Consideration should be given to a specific discussion session being arranged through the Education and Children’s Services Committee meetings with the Youth Forum