unallocated committee report - aberdeenshire

Infrastructure Services

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Banff & Buchan Area Committee Report – 16 June 2020

Reference No: APP/2020/0529 Full Planning Permission for Erection of Workshop at Plot 2, Yard, South Harbour Road, Fraserburgh, Aberdeenshire Applicant: RPD Agent: RJM Architectural Design Grid Ref: E:399955 N:865701 Ward No. and Name: W03 – Fraserburgh and District Application Type: Full Planning Permission Representations: 0 Consultations: 6 Relevant Proposals Map Designations: CC1: Bulky Comparison Outlets Complies with Development Plans: No Main Recommendation: Grant

Item No.: 6CPage No.: 76

1. Reason for Report 1.1 The Committee is able to consider and take a decision on this item in terms of

Section B.8.1 of Part 2A List of Committee Powers and Section C.3.1c of Part 2C Planning Delegations of the Scheme of Governance as the application for development is a departure from the Development Plan and is recommended for approval.

1.2 The Head of Finance and Monitoring Officer within Business Services have

been consulted in the preparation of this report and had no comments to make and are satisfied that the report complies with the Scheme of Governance and relevant legislation.

2. Background and Proposal 2.1 This application seeks Full Planning Permission for the erection of a workshop

upon a vacant piece of land within the confines of the settlement of Fraserburgh. The site is currently in receipt of an extant consent APP/2018/0687, for an office building.

2.2 The site occupies an area of 0.23 hectares and is accessed by South Harbour

Road, found to the immediate east of the site and is otherwise bound by a small retail park to the south beyond the access road, a car sale showroom to the west beyond an adjacent site also subject to a planning application at the time of consideration and a refrigerated vehicle factory to the north. A location plan is attached as Appendix 1.

2.3 Access to the site is shared with an adjacent vacant site which is also under

consideration at this time (reference APP/2020/0530) which is also for the erection of a workshop.

2.4 Land which the application is found upon falls within designation CC1 within

the Fraserburgh settlement statement contained within the Aberdeenshire Local Development Plan 2017 which has been earmarked as the preferred location for bulky comparison outlets if town centre sites are not available. A plan to illustrate the extent of the allocation is attached as Appendix 3.

2.5 The proposed building would occupy an area of 560m2 (30 metres long by

18.7 metres wide) stand 7.7 metres tall at the highest point of its monopitch roof, be orientated in an east to west manner with the principal elevation containing facing southwards. Exterior materials include light grey vertically proportioned exterior cladding in addition to dark grey profiled sheeting in addition to dark grey windows, doors and rainwater goods. Elevations of the proposed building are illustrated in Appendix 2.

2.6 The building is to be served by a public water supply and will connect to the

local mains sewers for purposes of foul drainage.


2.7 Relevant Planning History:

On site:

APP/2018/0687- Full Planning Permission for Erection of Office Building- Approved 26/07/2018

Adjacent to site:

APP/2020/0530- Full Planning Permission for Erection of Workshop- Pending

APP/2018/0689- Full Planning Permission for Erection of Workshop- Approved 26/07/2018

2.8 Supporting Information

• A covering email (dated 7th May 2020) has been submitted which outlines the rationale for the proposed workshop and reasoning for why the development should be supported although not strictly falling within what would be expected upon this CC1 allocation.

• Drainage assessment by Fairhurst June 2018 - Provides information and calculations relating to proposed surface water drainage infrastructure.

3. Representations 3.1 No valid letters of representation have been received. 4. Consultations 4.1 Infrastructure Services (Archaeology) advise that no archaeological

mitigation is required in connection with this application. 4.2 Infrastructure Services (Contaminated Land) do not object to this

application subject to an informative being part of any approval. 4.3 Infrastructure Services (Environmental Health) do not object to this

application. 4.4 Infrastructure Services (Flood Risk and Coastal Protection) confirm they

have no further comment to make on the application.

4.5 Infrastructure Services (Roads Development) do not object to this application subject to appropriate conditions.

4.6 Scottish Water confirm there is sufficient capacity within both the local water supply network and public drainage system to adequately accommodate the proposed development

5. Relevant Planning Policies 5.1 Scottish Planning Policy

The aim of the Scottish Planning Policies is to ensure that development and changes in land use occur in suitable locations and are sustainable. The


planning system must also provide protection from inappropriate development. Its primary objectives are: • to set the land use framework for promoting sustainable economic

development; • to encourage and support regeneration; and • to maintain and enhance the quality of the natural heritage and built

environment.

Development and conservation are not mutually exclusive objectives; the aim is to resolve conflicts between the objectives set out above and to manage change. Planning policies and decisions should not prevent or inhibit development unless there are sound reasons for doing so. The planning system guides the future development and use of land in cities, towns and rural areas in the long term public interest. The goal is a prosperous and socially just Scotland with a strong economy, homes, jobs and a good living environment for everyone.

5.2 Aberdeen City and Shire Strategic Development Plan 2014

The purpose of this Plan is to set a clear direction for the future development of the North East. It promotes a spatial strategy. All parts of the Strategic Development Plan area will fall within either a strategic growth area or a local growth and diversification area. Some areas are also identified as regeneration priority areas. There are also general objectives identified. In summary, these cover promoting economic growth, promoting sustainable economic development which will reduce carbon dioxide production, adapt to the effects of climate change and limit the amount of non-renewable resources used, encouraging population growth, maintaining and improving the region’s built, natural and cultural assets, promoting sustainable communities and improving accessibility in developments. From the 29 March 2019, the Strategic Development Plan 2014 went beyond its five-year review period. In light of this, for proposals which are regionally or strategically significant, or give rise to cross boundary issues between Aberdeen City and Aberdeenshire, the presumption in favour of development that contributes to sustainable development will be a significant material consideration in line with Scottish Planning Policy 2014. The Aberdeenshire Local Development Plan 2017 will continue to be the primary document against which applications are considered. The Proposed Aberdeen City & Shire SDP 2020 may also be a material consideration.

5.3 Aberdeenshire Local Development Plan 2017

Policy B1: Employment and business land Policy P1: Layout, Siting and Design Policy P4: Hazardous and potentially polluting developments and contaminated land

Policy HE1: Protecting historic buildings, sites, and monuments Policy C4: Flooding Policy RD1: Providing suitable services CC1 Allocation – Fraserburgh Settlement Statement


5.4 Proposed Aberdeenshire Local Development Plan 2020

Aberdeenshire Council on 5 March 2020 resolved to agree the Proposed Aberdeenshire Local Development Plan (LDP) 2020 as the ‘settled view of the Council’ on what the final adopted content of the LDP 2021 should be. The Proposed LDP 2020 is a material consideration in the determination of planning applications. The Planning Authority must therefore assess what weight it should have in the context of this particular application. As the Proposed LDP is yet to be subject to public scrutiny and subsequent Examination by an independent Reporter, it is considered that the level of weight that should be applied to the Proposed LDP 2020 is not significant. The Aberdeenshire LDP 2017 remains the up-to-date LDP for the area and the primary document against which planning applications should be determined until such time as a new LDP for the area is adopted.

5.5 Other Material Considerations

None 6. Discussion 6.1 This application seeks Full Planning Permission for the erection of a workshop

upon a vacant piece of land within the confines of the settlement of Fraserburgh and also within an allocated site designated for bulky comparison goods outlets. Therefore, the key planning considerations are the principle of development, the layout, siting and design of the proposed building in addition to any applicable technical matters.

Principle of Development 6.2 The site is found within the CC1 allocation of the Fraserburgh Settlement

statement with this land and immediately surrounding land designated for the purposes of: ‘the preferred location for bulky comparison outlets if town centre sites are not available.’

6.3 Clearly the provision of a workshop (Use Class 5 – general industrial) does

not strictly fit within this description. However, the site is bound to the north and west by existing business uses which are also allocated sites for such purposes as noted within the Fraserburgh settlement statement. The creation of this workshop would also be in keeping with surrounding land uses in terms of its proposed use and nature.

6.4 The applicant has also set out their rational which primarily focuses upon the expansion of the Kessock service station found some 175 metres to the north west of the application site which is also in the ownership of the applicant. At present this facility consists of a filling station and associated shop in addition to a mechanics repair service which is split between two buildings.

6.5 The applicant contests that it is their desire to relocate the mechanics aspect of the business out of the current site in order to facilitate the potential future expansion of the shop. There is no other opportunity to expand the shop area


due to the site being bound by the A90 to the east as well as being otherwise surrounding by the Gray and Adams facility.

6.6 The applicant believes that by moving the mechanics element of the business to a site which would be accessed from South Harbour Road instead of Maconachie Road (A90) this will ease congestion in the local area significantly on part of a trunk road which acts as the main avenue into a large town. Current vehicle movements consist of regular inwards and outward traffic for both the mechanics and filling station elements in addition to internal traffic movements between the two mechanic sheds in an already restricted site, all adjacent to the regular daily movement of a trunk road.

6.7 The applicant confirms that the site has not been recently marketed for development as has been in their ownership for many years whilst they contest that prior to purchase there had been little interest in the site. The statement also notes that by building this workshop in addition to an adjacent workshop currently subject of a tandem planning application, that this will allow the existing business to grow and thus further secure employment within the town.

6.8 On balance it is the view of this service that although the proposal does not

strictly meet the expectations of the allocation as designated within the Aberdeenshire Local Development Plan, it can be argued that the benefits of the proposal, those being the creation of a new building of an appropriate external design and nature which would be compatible with surrounding land uses and provide development upon a site which has remained derelict for many years in addition to contributing to improved traffic movements in the local area and employment opportunities combine to provide reasonable and justifiable grounds for departing from the Local Development Plan on this occasion.

6.9 Therefore, this application is recommended for approval in principle as an acceptable departure to the approved Local Development Plan.

Siting Layout and Design

6.10 The proposed development comprises a medium scale single storey industrial building recessed from the main road. The proposed building would appear less prominent compared with the adjacent existing large industrial buildings.

6.11 The proposed layout, design and external materials of the development are considered in keeping with the industrial and retail units immediately adjacent to it, as well as with the character and appearance of many other employment sites in Aberdeenshire. Given the location of the site, the character of the surrounding developments of bulky and industrial appearance, the proposed workshop is considered acceptable.

6.12 Overall, proposal complies with Policy P1 and would not have an adverse impact on the character of the surrounding area. Technical Matters

6.13 Infrastructure Services (Roads Development) have considered the proposal and confirm they do not object to this application in terms of visibility splays at the point of connection with the public road nor the level of parking to be


provided within the site. The consultee has requested that in the event of approval appropriate conditions be attached to secure the necessary infrastructure to ensure the required infrastructure is delivered to ensure that the site can be accessed in a safe and efficient manner.

6.14 Scottish Water confirm there is sufficient capacity within both the local water

supply network and local sewage network to adequately accommodate the proposed development.

6.15 Therefore, the application complies with Policy RD1: Providing suitable services.

Other Matters

6.16 Infrastructure Services (Flood Risk and Coastal Protection) confirm they have

no objection to the application but suggest that a controlled discharge rate into a public sewer should be agreed with Scottish Water prior to works commencing on site. Therefore, the application meets the requirements of Policy C4: Flooding.

6.17 Infrastructure Services (Environmental Health) have no objection to the

proposed building. Infrastructure Services (Contaminated Land) also have no objections to the proposal in terms of contaminated land subject to a formal note to be incorporated in the decision document. Therefore, the application also complies with Policy P4: Hazardous and potentially polluting developments and contaminated land.

6.18 Infrastructure Services (Archaeology) advise that no archaeological mitigation is required in connection with this application and on such basis the application complies with Policy HE1: Protecting historic buildings, sites, and monuments.

Conclusion

6.19 In conclusion, it is considered that flexible approach should be adopted for this proposal to accommodate a building that would be classified as a Class 5 (General Industrial) use for this site despite not strictly falling within the expectations of the ALDP CC1 allocation which earmarks this site for bulky retail outlets. Having considered the potential benefits of the proposal Planning Service is minded to support the application as an acceptable departure to the Local Development Plan.

7. Area Implications 7.1 In the specific circumstances of this application there is no direct connection

with the currently specified objectives and identified actions of the Local Community Plan.

8. Implications and Risk 8.1 An Equalities Impact Assessment is not required because the proposed

development is not considered to give rise to any differential impacts on those with protected characteristics.

8.2 There are no staffing and financial implications.


8.3 There are no risks identified in respect of this matter in terms of the Corporate

and Directorate Risk Registers as the Committee is considering the application as the planning authority in a quasi-judicial role and must determine the application on its own merits in accordance with the Development Plan unless material considerations justify a departure.

9. Sustainability Implications 9.1 No separate consideration of the current proposal’s degree of sustainability is

required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

10. Departures, Notifications and Referrals 10.1 Strategic Development Plan Departures

None 10.2 Local Development Plan Departures

Departure from CC1 allocation 10.3 The application is a Departure from the valid Local Development Plan or

Strategic Development Plan and has been advertised as such. Any representations received have been circulated as part of the agenda and taken into account in recommending a decision. The period for receiving representations has expired.

10.4 The application does not fall within any of the categories contained in the

Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and the application is not required to be notified to the Scottish Ministers prior to determination.

10.5 The application would not have to be referred to Infrastructure Services

Committee in the event of the Area Committee wishing to grant permission for the application.

11. Recommendation 11.1 GRANT Full Planning Permission subject to the following conditions:-

01. The development hereby approved shall not be brought into use unless

the vehicular and pedestrian access and all parking and turning areas

have been provided and surfaced in accordance with the details shown

on the approved plan. Once provided, all parking and turning areas

shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access and turning space to an adequate standard in the interests of road safety.

02. The vehicular access, driveway and parking area hereby approved

shall not be brought into use unless both have been provided and

surfaced in accordance with the details shown on the approved plans

and the drop kerb footway crossing has been formed at the new


access. The first five metres of the driveway measured from the back of

the footway shall be fully paved and shall have a maximum gradient not

exceeding 1:20. The access and parking area shall be internally

drained and formed in such a way to prevent any flow of surface water

either onto or from the public road. Once provided, the access,

driveway and parking area shall thereafter be permanently retained as

such.

Reason: To ensure the timely completion of the access, driveway and parking area to an adequate standard; to prevent the carriage of loose driveway material on to the public road and to ensure the retention of adequate off-street parking facilities, all in the interests of road safety.

11.2 That the Committee agree the reason for departing from the

Aberdeenshire Local Development Plan 2017.

The applicant has demonstrated the need case for the proposed building which although is in conflict with the CC1 allocation for bulky retail use is necessary for the expansion of a nearby existing business which will in turn secure local employment. The proposed building is deemed to be an appropriate addition to the site, which has remained undeveloped for some time, which is also suitable in the wider context of the surrounding area in terms of both the function and external appearance. The relocation of one aspect of the applicant’s business from Maconachie Road to the proposed building will also reduce traffic concerns and congestion on a section of the A90 trunk road.

Stephen Archer Director of Infrastructure Services Author: Stuart Newlands Date: 28/05/2020


Appendix 1 Location and Site Plan


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unallocated committee report - aberdeenshire

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