Agenda and minutes

The Chair asked Members if they had any interests to declare in terms of the Councillors’ Code of Conduct.

Councillor Durno declared an interest in Item 8 by virtue of family members being employed by the applicant and advised that she would leave the meeting and take no part in the item.

Councillor Brown declared interests in (1) Item 7 by virtue of her partner’s role as a Community Councillor on Mid Deeside Community Council and (2) Item 8 by virtue of her partner’s contractual business relationship with Bancon Homes. She advised that she would leave the meeting and take no part in the items.

Councillor Goodhall declared an interest in Item 6 and advised that he would leave the meeting and take no part in the item.

Consider, and if so decided, 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 making decisions on the following 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 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; and

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

The Committee had before them, and approved as a correct record, the Minute of Meeting of the Committee of 28 January 2025.

The Committee noted the statement of outstanding business from previous meetings of the Committee.

Full Planning Permission for Part Conversion and Alterations and Extension of Bothy and Stables to Form 1 Dwellinghouse and Erection of 5 Dwellinghouses

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 the conversion of part of a steading to form a dwellinghouse, along with the erection of five new build dwellinghouses.

The Senior Planner outlined the details of the application and advised that there was an objection from Roads Development due to there being no safe walking route to school. The Planning Service, on balance, considered that there were sustainable means of transport, with reference made to electric vehicle charging and school bus transportation currently passing the site. The Committee heard that there were no issues in terms of layout, unit numbers, or site servicing. The application met the relevant policies and a delegated grant was recommended to obtain technical roads conditions and to secure developer obligations and affordable housing provision through a Section 75 Agreement.

Having agreed a request to speak, the Committee heard from John Wright, the agent who endorsed the recommendation to grant the application.

Thereafter, the Committee agreed a delegated grant of full planning permission subject to the following:

(1)            roads conditions to be agreed with Roads Development;

(2)            the conclusion of a Section 75 Legal Agreement to secure affordable housing and developer obligations; and

(3)            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 landscape and ecological management plan (LEMP) has been submitted to and approved in writing by the planning authority. The LEMP shall include the following:

(a)        Description and evaluation of features to be managed.

(b)        Ecological trends and constraints on site that might influence management.

(c)        Aims and objectives of management.

(d)        Appropriate management options for achieving aims and objectives.

(e)        Prescriptions for management actions.

(f)          Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

(g)        Details of the body or organization responsible for implementation of the plan.

(h)        Ongoing monitoring and remedial measures.

(i)          Details of the legal and funding mechanisms by which the long-term implementation of the plan will be secured by the developer with the management bodies responsible for its delivery. The plan shall also set out how contingencies and remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The development shall be carried out in accordance with the approved LEMP.

Reason: In order to protect and enhance biodiversity in the environment.

03.     No works in connection with the development hereby approved (other than the demolition of the existing buildings)  ...  view the full minutes text for item 5.

Full Planning Permission for Formation of Quarry for Extraction and Processing of Sand and Gravel

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 the formation of a quarry for the extraction and processing of sand and gravel for 22 years in five phases.

Having heard that requests to speak had been received, the Committee agreed to hear from:

Colin Ortlepp, Leiths, the applicant, and Tom Lewis, Johnson Poole & Bloomer, the agent;

Andrew Foreman, an objector; and

Sally Hamilton, an objector.

The Planner outlined the details of the application which was being reported to Committee as it was for major development. Reference was made to installation of 14 additional passing places and widening of the junction of the B9002 and A97; 11 additional HGV trips resulting from quarry works; the Transport Assessment having been accepted by Roads Development; cultural heritage impacts including in relation to Craig Castle, with Historic Environment Scotland and Built Heritage being satisfied; and the Environmental Impact Assessment having been reviewed and, with recommended conditions, there being no significant lasting negative impacts from the proposal. The application was recommended for approval.

Members sought further clarification in relation to impacts on pollution levels from increased HGV traffic; the number of HGV trips; impacts on bridges; and measurement of the market area boundary.

Colin Ortlepp of Leiths, the applicant then addressed the Committee and provided background on the company and proposal. Reference was made to mineral deposits at the site existing in a quantity and quality suitable for use;  ensuring impacts on the environment and those living in the local area were eliminated or minimised through design and mitigation; impacts being generally well understood, with acceptable standards set out in policy; and  technical consultees not having raised objections. He then responded to Members’ questions in relation to vehicle sizes, and topography following restoration.

Andrew Foreman addressed the Committee and advised that he was the joint owner of the Grade-A listed Craig Castle, along with other heritage sites, and outlined his objection on ecological, environmental and historic grounds. Reference was made to impacts on Craig Castle, the unsuitability of the access road; and impacts on historic woodland, protected species, and private water supplies. He urged the Committee to defer a decision for independent reviews and onsite assessments.

The Committee then heard from Sally Hamilton, an objector, who outlined objections in relation to impacts on private water supply; air and soil pollution; ecology and environment; risk of damage to trees; noise impacts; there being no economic benefits for the local community; unsuitability of the roads; and proposed road improvements being undeliverable. She urged the Committee to refuse the application or to postpone for submission of reports and a site visit. She then responded to questions in relation to a point raised regarding parking at Auchindoir Cemetery.

Thereafter, the Committee agreed to defer the application in order to undertake a site visit to gain a better understanding of the site and roads impacts.

Full Planning Permission for Change Of Use From Guest House (Class 7) to Dwellinghouse (Class 9)

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 a change of use from guest house (Class 7) to dwellinghouse (Class 9).

The Senior Planner outlined the details of the application; advised that it was before Committee as it was recommended for approval but there was an objection from the Community Council; referred to information submitted showing the property had been marketed for a considerable period with little interest; and addressed points raised in objections in relation to vehicular access, loss of a tourist/community amenity, and loss of public access.

Members queried impacts on access to the loch. Having agreed a request to speak, the Committee heard from Derek McCulloch, the applicant who indicated that the land bounding the loch was owned, and access controlled, by Aboyne Loch Caravan Park.

Members commented that, while the loss of the tourist accommodation was regrettable, it had been shown it was not viable.

The Committee agreed to grant full planning permission subject to the following condition:-

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).

Reason for Decision

The Planning Authority considers that the application is for a development that is in accordance with the Aberdeenshire Local Development Plan 2023 and National Planning Framework 4. The proposed change of use from Class 7 to Class 9 is considered acceptable with sufficient evidence provided to demonstrate marketing of the business and that it is no longer viable in compliance with Policy B3 Tourist Facilities and Policy R2 Development Proposals Elsewhere in the Countryside within the Aberdeenshire Local Development Plan 2023, and Policy 9 Brownfield, vacant and derelict land and empty buildings, Policy 17 Rural homes and Policy 30 Tourism within National Planning Framework 4.

Approval of Matters Specified in Conditions for Conditions 2 (Siting, Design, External Appearance, Landscaping and Means of Access), 6 (Soft and Hard Landscaping), 7 (Foul and Surface Water), 8 (Flood Risk), 9 (Water Courses), 10 (Drainage Network Calculations), 11 (Construction Environmental Management Plan), 12 (Construction Method Statement), 14 (Waste Management Plan), 15 (Pedestrian and Cycle Links), 16 (Nature Conservation), 17 (Access Junction), 19 (Traffic Survey and Junction Analysis), 20 (Energy Statement), 31 (Core Paths) and 32 (Footpath/Cycleway Link) of Planning Permission Reference APP/2024/0456 for the Erection of 143 Dwellinghouses

There had been circulated a report by the Director of Environment and Infrastructure Services which sought consideration of an application for Approval of Matters Specified in Conditions (MSC) relating to planning permission in principle APP/2024/0456 for a mixed-use development comprising of 390 dwellinghouses and commercial and business development.

The Senior Planner outlined the key details of the application and advised that the principle of development was established; what was under consideration was whether the information provided met the conditions. Reference was made to an objection from the Community Council focussed on a belt of aspen trees and it was confirmed that these would be protected and retained. The Committee heard that consultees had reviewed the submission and were satisfied and that concerns raised in representations were considered to be addressed. The application was recommended for approval.

The Senior Planner then responded to Members’ questions in relation to path networks, site access, screening of the neighbouring property to the north, the developer being considerate to neighbours during construction, and responsibility for tree maintenance.

The Committee agreed to grant Approval of Matters Specified in Conditions for the following reason:

The application is considered by the Planning Authority to comply with the Development Plan, the proposal sets out the details required by conditions of the overarching permission in principle, providing acceptable details to satisfy the requirements of consultees and meet relevant conditions, proposing a housing development of good quality layout, siting and design with good connectivity, open space provision and suitable servicing, complying with all applicable policies of the Aberdeenshire Local Development Plan (2023) and National Planning Framework 4.

Full Planning Permission for Erection of Dwellinghouse and Garage (Change of House Type and Site Layout to Planning Permission Reference APP/2006/1053)

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 the erection of a dwellinghouse.

The Senior Planner outlined the details of the application and referred to the planning history, with there being an extant permission for two dwellinghouses on the site. It was explained that a change in policy meant an addition to the group would no longer be supported; however, the materiality of the extant permission provided justification for a departure, and the proposal for a single dwelling was considered acceptable.

The Committee agreed:

(1)      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 construction of development, visibility splays measuring 2.4m by 59m; to be formed on either side of the junction of the vehicular access with the public road. The visibility splays shall be 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 out with 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.

03.     No works in connection with the permission hereby granted other than those specified in condition 2 shall commence unless a layby measuring 8.0m x 2.5m with 45-degree splays to be formed on the frontage of the site and the proposed vehicular access to be taken via this. Surfaced in accordance with the Council's Standards for Road Construction Consent and Adoption in the locations shown on the approved plans. This must be agreed with Roads Development in advance of works.

          Reason: To ensure the existing road network can accommodate the traffic likely to be associated with the proposed development in the interests of road safety.

04.     No individual dwellinghouse hereby approved shall be erected unless an Energy Statement applicable to that dwellinghouse has been submitted to and approved in writing by the planning authority. The Energy Statement shall include the following items: 

(a)        Full details of the proposed energy efficiency measures and/or renewable technologies to be incorporated into the development;

(b)        Calculations using the SAP or SBEM methods, which demonstrate that the reduction in carbon dioxide emissions rates for the development, arising from the  ...  view the full minutes text for item 9.

There had been circulated a report by the Director of Education and Children’s Services which informed the Committee of the outcome of the statutory consultation process regarding the closure of Clatt School and sought comments on the officers’ recommendation to permanently close Clatt School and re-assign its catchment to Rhynie School.

The Quality Improvement Manager spoke on the consultation and recommendation. The report and comments from the Committee would be presented to Education and Children’s Services Committee on 20 March 2025 and to Full Council on 24 April 2025.

Members indicated that it was a shame to see the school close but noted the circumstances and welcomed the consultation work done, as well as ongoing work to look at a potential future community use for the building.

The Committee agreed:

(1)        to note the formal consultation report attached as Appendix 1 to the report regarding the closure of Clatt School; and

(2)        to comment to Education and Children’s Services Committee on the recommendation in the consultation report at section 14.2 to permanently close Clatt School and re-assign its catchment area to Rhynie School that, while the Committee was sad to see a rural school closed, in this case it had been a long process and was unfortunately inevitable.

There had been circulated a report by the Chief Officer of the Aberdeenshire Health and Social Care Partnership (HSCP) which provided information on the HSCP’s performance in terms of progress against its Strategic Delivery Plan, together with an update on local health and social care issues and priorities in the Marr Area. 

The Interim Programme Manager presented the performance report, noted work underway to develop the next Strategic Plan, and outlined the challenging financial position.

The Partnership Manager (South Aberdeenshire) provided a local update including in relation to delayed discharge; the South dementia services redesign; Rothieden Ward; Morven Ward; the Scottish Ambulance Services (SAS) test of change in Aboyne; and mental health and learning disability services.

Officers then responded to a number of questions from Members on the performance report and local update.

During discussion, Members also sought assurances that the Deeside Strategic Needs Assessment and stakeholder engagement would still feed into decision-making in the changed financial context and made a plea that rurality/geographic context be a key element in decision-making.

Following a full discussion, the Committee agreed:

(1)               to note the content of the performance report provided; and

(2)               to request further information in relation to:

(a)        The Scottish Ambulance Service test of change – clarification on whether this only covered the Aboyne GP practice (as Ballater and Braemar GPs were not aware) and how to contact the service.

(b)        Appendix 1c – Explanation of amber status for the Effective Support for Carers and Self-Directed Support and Primary Care Improvement Plan measures.

(c)        An update on Insch Hospital service review.

(d)        The Muirhead facility in Alford – whether the facility was relieving stresses on HSCP services.

(e)        An update on each of the workstreams in the Primary Care Improvement Plan.

(f)          Numbers of patients admitted to Aboyne/Glen O’Dee hospitals with dementia.

(g)        Data on average length of stay in community hospitals.

(h)        An update on the South Dementia Services Redesign at the appropriate time.

There had been circulated a report by the Director of Business Services which updated on progress made towards meeting the Public Sector Equality Duty (PSED) and sought consideration of the proposed Equality Outcomes for the next four years.

The Service Manager (Communications and Marketing) introduced the report and responded to Members’ questions in relation to progress on increasing the proportion of women, black and minority ethnic people, younger people, disabled people and LGBTI+ people supported to enter employment or training; reporting of prejudice and discrimination incidents; the effectiveness of social media communications; the gender pay gap; bullying in schools; progress towards meeting the PSED; and consequences of proposed service cuts for meeting the PSED and delivering the proposed outcomes.

Following a full discussion, the Committee agreed:

(1)      to note the progress made towards meeting the Public Sector Equality Duty as set out in the Equality Mainstreaming and Outcomes Report 2021-2025 attached as Appendix 1 to the report;

(2)      to note the proposed Equality Outcomes 2025- 2029 set out at paragraph 3.4.6 of the report;

(3)      to request further information on how the Equality and Human Rights Strategy Board reported back in terms of its consideration of prejudice and discrimination incidents; and

(4)      to request consideration of how the Equality Outcomes could support work on bullying in schools.

There had been circulated a report by the Director of Environment and Infrastructure Services which sought consideration of the draft Aberdeenshire Local Development Plan Scheme 2025-26 which presented the timetable and participation statement for the Local Development Plan that it was anticipated would be adopted in 2029.

The Planning Service Manager provided background on a delay to the original timetable; explained that the next stage in plan preparation was the ‘Call for Ideas’, consisting of a call for development bids and community ideas; and advised that, following consultation, the Development Plan Scheme would be reported to Infrastructure Services Committee in May 2025.

The Planning Service Manager then responded to Members’ questions in relation to recouping the delay in future stages,  the community call for ideas, challenges for development in rural areas, and the opportunity to consider policy changes.

The Committee agreed to note the draft Aberdeenshire Local Development Plan Scheme 2025-26 provided in Appendix 1 to the report.

There had been circulated a report which sought consideration of an Asset Transfer Request from Alford and Donside Heritage Association to take over the Alford Heritage Museum and adjacent field as a community asset. The Marr Asset Transfer Group was of the view that the Asset Transfer should be allowed to proceed.

The Area Manager drew Members’ attention to the statutory criteria for determining the application; the group’s business plan; assessment by the Asset Transfer Group; and the cost benefit analysis. It was highlighted that the group had a strong record of managing the museum for at least 30 years.

The Committee agreed:

(1)        to approve the Asset Transfer Request from Alford and Donside Heritage Association in respect of the Council owned property, subject to the condition referred to in section 3.8 of the report, for a £1 consideration, for continued use as a museum and for associated activities; and

(2)        to instruct the Area Manager to issue a positive Decision Notice and instruct Legal and People to conclude the transfer.