Publication - Corporate report

Town and Country Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997: report to the Scottish Ministers

Published: 4 Oct 2021

Report by David Buylla, a reporter appointed by the Scottish Ministers.

Town and Country Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997: report to the Scottish Ministers
Appendix A: Conditions

Appendix A: Conditions

1. Prior to the commencement of work, a detailed specification, including trade names and/or sample panels where appropriate, of all proposed external materials shall be submitted to and approved in writing by the Planning Authority. No other external materials than those so approved shall be used within the development hereby approved.

(Reason: to ensure the development has an appropriate appearance.)

2. Prior to the commencement of construction works on site:

a) a site survey (including intrusive investigation where necessary) shall be carried out to establish either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and /or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

b) where necessary, a detailed schedule of any required remedial and/or protective measures, including their programming, shall be submitted to and approved in writing by the Planning Authority.

c) any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided for the approval of the Planning Authority.

(Reason:

3. No demolition/development shall take place on the site until the applicant has secured and implemented a programme of archaeological work (excavation, reporting and analysis and publication) in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

(Reason: in order to safeguard the interests of archaeological heritage.)

4. Prior to occupation, the mitigation measures specified in Section 5 (Proposed Mitigation Measures) of the ITP Energised Noise Impact Assessment (Technical Report No. 2970) and dated 05/06/2020 shall be implemented. Those being:

a) the living rooms and bedrooms overlooking Stenhouse Mill Wynd will require an acoustically equivalent glazing with noise reduction of at least 33 dB and trickle ventilation specification should provide at least 28 dB+Ctr noise attenuation. Trickle ventilation should achieve Building Standards levels of ventilation and details of the ventilation should be provided and agreed with the Planning Authority in advance of the development build commencing.

b) noise from the proposed commercial activities (internal) will meet NR15 in existing noise sensitive receptors (NSRs).

c) noise from the proposed fixed items of plant will include attenuation which will meet NR25 in existing and proposed NSRs when derived assuming open window attenuation. Details of any plant attenuation (if required) should be provided and agreed with the Planning Authority prior to the plant becoming operational.

d) the plant room walls will be made of concrete providing at least 43 dBRw. The plant room ceiling will be made of concrete providing at least 52 dBRw. The door to the plant room will provide at least 20 dBRw.

(Reason: in order to protect the amenity of the occupiers of the development.)

5. Prior to commencement of development, the developer must submit a maintenance schedule for the SUDS infrastructure for the approval of the Planning Authority. The approved schedule shall thereafter be implemented.

(Reason: in order to enable the Planning Authority to consider this matter in detail.)

6. Prior to commencement of development, a Landscape and Biodiversity Enhancement Plan detailing safeguarding and enhancement measures for biodiversity is required to be submitted in writing for approval by the Planning Authority. The Plan shall be implemented in accordance with the approved scheduling.

(Reason: in order to enable the Planning Authority to consider this matter in detail.)

7. Prior to the commencement of development, a tree protection plan showing accurate locations of all trees situated adjacent to the eastern boundary of the application site, including canopies, shall be submitted and approved in writing by the Planning Authority. The tree protection plan shall be implemented prior to construction work starting.

(Reason: in order to protect any existing trees.)

8. The basement areas shall be used only for parking and refuse storage and not at any time for a use that is not categorised by SEPA as a 'least vulnerable' or 'water compatible' use.

(Reason: this level of the development has the potential to flood).

9. Prior to occupation of any part of the approved development, 28 (7Kw, Type 2, Mode 2) electric vehicle charging points, as shown on drawing no. PL (23) 01 (Rev B) 10/07/2020 shall be installed and be fully operational. These charging points shall not be removed without the prior written approval of the Planning Authority.

(Reason: to ensure that adequate ev charging points are provided in the interests of local air quality and the minimisation of CO2 emissions.)

10. There shall be no obstruction to flood water entering the basement level of the development and, if a flood event occurs, the basement shall be allowed to flood naturally.

(Reason: in order to retain flood plain capacity).

11. The lowest floor level of any residential accommodation shall be a minimum of 53.1 metres AOD.

(Reason: to protect future residents from flooding).

12. Delivery operations to the three commercial premises shall not take place outwith

the hours of 0700 to 1900 Monday to Saturday and 0800 to 1800 on Sunday.

(Reason: to protect residential amenity.)

13. The fretted metal screens shown in drawing pl (20) 22 revision A on some of the windows facing the adjacent land to the south east shall be installed in accordance with the approved drawings prior to first occupation of the approved student accommodation. These screens shall not be altered or removed without the prior written approval of the Planning Authority.

(Reason: in order to avoid the impression of overlooking to the adjacent land.)


Contact

Email: Chief.Planner@gov.scot