Agenda and minutes

Garioch Area Committee - Tuesday, 16th January, 2024 9.30 am

Venue: Virtual Meeting - Teams. 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 line with the Council’s legal duty under section 149 of the Equality Act 2010 the Committee agreed:-

 

1.       in making decisions, that it shall have due regard to the need to:-

 

(i)             eliminate discrimination, harassment and victimisation;

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

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

 

2.       where an Integrated Impact Assessment was provided, to consider its contents and take these into account when reaching a decision.

 

 

3.

Minute of Meeting pdf icon PDF 124 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 127 KB

Minutes:

A report by the Director of Education and Children’s Services was circulated detailing the items of outstanding business as at 16 January 2024.

 

The Area Manager updated the Committee regarding the development of the toilet policy (Item 2).  She indicated that the first engagement survey would be released shortly.

 

The Committee agreed to:-

 

1.         note the items of outstanding business; and

 

2.         discharge items 3 (relating to playpark works) and 4 (relating to performance update queries)

 

 

5.

Full Planning Permission for change of use of land to domestic curtilage and erection of boundary fence and wall at Dalmore House, Brownhill, Kemnay (APP/2023/1064) pdf icon PDF 200 KB

Additional documents:

Minutes:

The Chair indicated that a request to speak had been received from the agent, who had spoken at the previous meeting.  The Committee agreed to hear from the party concerned.

 

The Senior Planner explained that the application would see the change of use of a 2.5 metre strip of land from the side of the southern edge of Cairntown wood into the private garden ground at Dalmore House.  She explained that the proposals had taken into account pedestrian access at the western end by ensuring that the fence erected would allow the gate (currently locked) to open if required.

 

She confirmed that the proposals would not be out of keeping with the surrounding area and were compliant with policy.  She explained that the applicant would undertake levelling of the ground in his ownership, for the public access and would ensure foundations for the wall and fence would not impact on tree roots.

 

The Team Leader (Environment) explained that any complaints received regarding the locked gate could be investigated and appropriate action taken under the legislation regardless of whether the planning application was approved or not.

 

The Chair invited Mr Cobban (agent) to address the Committee.  Mr Cobban provided clarity regarding the levelling up work and the locked gate.  After answering questions the Chair thanked Mr Cobban.

 

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.      For the avoidance of doubt the domestic curtilage of Dalmore House shall only be extended to land to the south of the new 1.2m high vertical fence as detailed on drawing no. CA0265-09 D - Extra strip of land - proposed.

     

Reason: To define the consent in the interests of securing the adequate provision of public access within and around the site.

 

03.      The remedial works to the footpath, as detailed on approved drawing CA0265- O9 F (Extra Strip of Land - Proposed) shall be completed within 6 months of the installation of the new 1.2m high vertical timber fence.

     

Reason: To ensure the adequate provision of public access within and around the site.

 

Reason for Decision

 

The application is considered by the Planning Authority to comply with the Aberdeenshire Local Development Plan 2023 and National Planning Framework 4. The design and the external appearance of the fencing and walling with the extension of garden ground is appropriate in terms of its location and surrounding area. The development complies with NPF4 Policy 6 Forestry, woodland and trees, Policy 14 Design, quality and place and Policy 20 Blue and green infrastructure as well as LPD2023 Policy P1: Layout, siting and design, Policy P2: Open space and access  ...  view the full minutes text for item 5.

6.

Full Planning Permission for change of use of agricultural land to parking area and alterations to clinic at shop, Main Street, Sauchen (APP/2023/1884) pdf icon PDF 155 KB

Additional documents:

Minutes:

The Senior Planner explained that the application was seeking change of use of an [JJ1] area of farmland at the rear to provide car parking and the provision of a footpath to the front of the property.  She confirmed that the land to the rear was outwith the settlement boundary and would be a technical departure from the Local Development Plan, but she pointed out that the proposed area would be in line with the neighbouring garden boundary.  She explained that in order to access the rear car park, there would be a need to shave off a corner of the existing building to provide access.  She indicated that there was unlikely to be an impact on the amenity of neighbours and that the revised plans would allow cars to come onto the site to manoeuvre. 

 

The Committee agreed:-

 

1.       that thereason for departing from the Local Development Plan 2023 is that the proposal for the change of use of land outwith the settlement boundary of Sauchen to form a car parking area is considered to be appropriate and in keeping with the existing development pattern in the vicinity. The area of land is modest in size and is not prime agricultural land. The proposed car park use will not result in a detrimental impact to the character of the settlement or the residential amenity of neighbouring property occupants. The development is considered to be an appropriate departure from ALDP 2023 Policy R2 Development proposals elsewhere in the countryside (which encompasses Policy R1) and NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings.

 

2.       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.      Prior to occupancy of development, first 5m of access (measured from edge of road or back of footway) to be fully paved and a minimum of 5m wide.

 

          Reason: To ensure the timely completion of the access to an adequate standard to prevent the carriage of loose driveway material on to the public road in the interests of road safety.

 

03.      Prior to occupancy of development, Off-Street parking for 5 cars, surfaced in hard standing materials must be provided within the site.

 

Reason: To ensure the provision of parking and turning space to an adequate standard in the interests of road safety and to enable all vehicle movements onto or from the public road to be carried out in a forward gear.

 

04.      Prior to occupancy of development, a boundary fence must be erected between the vehicular access and internal pedestrian footway out with the visibility splay as per drawing number 2023-013-101'G'.

 

Reason: To ensure the  ...  view the full minutes text for item 6.

7.

Historic Asset Management Project Update pdf icon PDF 159 KB

Presented By / report author: Christine Pert

Additional documents:

Minutes:

A report by the Director of Environment and Infrastructure was circulated detailing projects planned to be undertaken by the Historic Asset Management Project (HAMP) in the financial year 2024/2025.  It also provided a summary of progress made over the past year 2023/2024, with a list of completed projects, budget information and other relevant updates.  

 

The Team Leader (Historic Environment) presented the report and provided the Committee with information about the work done by the project.  She highlighted the forthcoming projects and the amount of funds that had been successfully levered in in the previous year.

 

Members asked a number of questions about the work of the project and commended the work done on the limited budget.  They were very impressed by the successful external funding received particularly given that it almost equalled the budget of the project. 

 

The Committee agreed to:-

 

1.       commend the work done, thank officers for all their hard work and welcome and acknowledge the level of external funding levered in by the Team;

 

2.      endorse the approach taken by the Historic Asset Management Project in respect of Council owned historic assets; and 

 

3.       approve future annual updates being incorporated into the Historic Environment Strategy and Action Plan.  

 

 

8.

Responses to queries previously raised by the Committee - Business Services pdf icon PDF 91 KB

Minutes:

A report by the Director of Business services was circulated providing responses to queries previously raised by the Committee in relation to Service Performance.

 

The Committee agreed to note the responses provided.