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REPORT TO ABERDEENSHIRE COUNCIL – 26 SEPTEMBER 2019
Reference No: F/APP/2018/1814
Planning Permission in Principle for the Erection of 550 Dwellinghouses (Up to
500 Residential Units and a Minimum of 50 Leisure/Resort Units), Community
Facilities (Class 10 Non-residential Institutions and Class 11 Assembly and
Leisure), Development Falling Within Class 1 (Shops), Class 2 (Financial,
Professional and Other Services), Class 3 (Food and Drink), Landscaping and
Supporting Infrastructure at Land at Menie Estate, Balmedie, Aberdeenshire
1.

Purpose of Report

1.1

Full Council is able to consider and take a decision on this item in terms of
Section A.11.1 of Part 2A List of Committee Powers and Section C.2.1b of
Part 2C Planning Delegations of the Scheme of Governance as the
application is for major development, which in the professional opinion of the
Head of Planning and Environment Service is a significant departure from the
Development Plan, and therefore will be determined by Full Council following
consultation with the relevant Area Committee.

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

The application is for Planning Permission in Principle for the erection of 550
Dwellinghouses (Up to 500 Residential Units and a Minimum of 50
Leisure/Resort Units), Community Facilities (Class 10 Non-residential
Institutions and Class 11 Assembly and Leisure), Development Falling Within
Class 1 (Shops), Class 2 (Financial, Professional and Other Services), Class
3 (Food and Drink), Landscaping and Supporting Infrastructure at land at
Menie Estate, Balmedie, Aberdeenshire.

2.2

The site is located within the Aberdeen Housing Market Area approximately
1.6km north of the Balmedie settlement boundary to the east of the A90 and
measures approximately 84 hectares in area. The land has been in long-term
agricultural use with woodland areas, as well as the existing hotel
accommodation at MacLeod House and Lodge. A site location plan is
attached at Appendix 1.

2.3

Although this is a Planning Permission in Principle (PPiP)application with 8
Chapters (phases), the developer has submitted full detailed drawings and
assessment reports for Chapters 1A and 1B to allow for a full assessment of
these elements alone. This means that the application can be considered as
a “hybrid”, with a large portion of the site subject to Planning Permission in

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Principle considerations and the remainder being subject to a more in-depth,
detailed assessment (similar to an application for Full Planning Permission).
Any permission granted would be reflective of the level of detail submitted in
terms of further stages, matters specified in conditions and requisite approval
required. Appendix 2 refers to the PPiP Site Plan and Appendix 3 refers to
the site plan for Chapters 1A and 1B.
2.4

In line with the terms of Section B.8.1 of Part 2A List of Committee Powers
and Section C.2.1b of Part 2C Planning Delegations of Aberdeenshire
Council’s Scheme of Governance and under Section 38A of The Town and
Country Planning (Scotland) Act 1997 (as amended) and Regulation 27 of
The Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 (as amended), a mandatory Pre-Determination
Hearing was held on 12 December 2018 by a Committee of the Authority.
Appendix 6 within the Formartine Area Committee Report of 3 September
2019 contains the note of the Hearing. The Formartine Area Committee
Report from this meeting is attached at Appendix 4.

2.5

The Formartine Area Committee was initially asked to give their view on this
application, prior to consideration by Full Council, at their meeting on 26
March 2019. Following this meeting, the Agent submitted a significant amount
of new information, seeking to address the outstanding matters highlighted in
the Formartine Area Committee Report and to provide further information
sought by Members of the Formartine Area Committee. Appendix 15 within
the Formartine Area Committee Report of 3 September 2019 contains the
Minute of the 26 March 2019 Formartine Area Committee Meeting.

2.6

The following information is appended:
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Appendix 1:
Appendix 2:
Appendix 3:
Appendix 4:

Location Plan
PPiP Site Plan
Chapters 1A and 1B Site Plans
Report to Formartine Area Committee of 3
September 2019, plus 15 Appendices
o Appendix 1:
Location Plan
o Appendix 2:
PPiP Site Plan
o Appendix 3:
Chapter 1A Site Plan
o Appendix 4:
Chapter 1B Site Plan
o Appendix 5:
Full List of Previous Planning
Application History
o Appendix 6:
Pre-Determination Hearing Note
o Appendix 7:
Consultation response from
Belhelvie Community Council
o Appendix 8:
Consultation response from
Foveran Community Council
o Appendix 9:
Map showing locations of both
Ramsar Site and Special
Protection Area
o Appendix 10: Table listing all Consultees and
recommendations

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o Appendix 11:
o Appendix 12:

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2.7

Appendix 5:

Balmedie Settlement Statement
Table showing all Outline Planning
Conditions and those which have
been discharged
o Appendix 13: Table showing all development
granted, delivered and pending
delivery
o Appendix 14: Design Review Panel Note
o Appendix 15: Minute extract of Formartine Area
Committee 26 March 2019
Draft Minute of 3 September 2019 of Formartine Area
Committee

The applicant has provided supporting information covering a number of
issues, namely:
Prior to 26 March Formartine Area Committee
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Tree Survey Report + Drawings for PPiP site as well as Chapter 1A and B,
submitted 25 July 2018. Amended documents for Chapters 1A and B,
submitted 11 September 2018, 11 February 2019, 15 March 2019 and 20
March 2019.
Non-Housing Development - New Floorspace Proposed Table, submitted
25 July 2018.
Archaeological Desk-Based Assessment, submitted 25 July 2018.
Construction Environment Management Plan, submitted 25 July 2018.
Construction Traffic Management Plan, submitted 25 July 2018.
Design Statement, submitted 25 July 2018.
Drainage Assessment, submitted 25 July 2018. Amended document,
submitted 11 December 2018. Further amended document, submitted 25
January 2019.
Draft Heads of Terms, submitted 25 July 2018.
Pre-Application Consultation (PAC) Report, submitted 25 July 2018.
Planning Statement, submitted 25 July 2018.
Ecological Impact Assessment, submitted 7 August 2018.
Landscape and Visual Impact Assessment, submitted 7 August 2018.
Further information submitted 23 November 2018.
Flood Risk Assessment (Scoping Study), submitted 28 August 2018.
Transport Assessment, submitted 28 August 2018. Amended document,
submitted 30 January 2019. Further amended Transport Assessment,
submitted 18 February 2019.
Economic Impact Assessment of Phase Two, submitted 11 September
2018.
Response to SEPA Comments, submitted 30 January 2019.
Flood Risk Assessment (Detailed Study), submitted 30 January 2019.
Bat Survey Results, Tree Survey for Roosting Bats, submitted 5 February
2019. Update on Bat Survey, submitted 11 February 2019.
Supplementary Design Statement, submitted 7 February 2019.
Outdoor Access Plan, submitted 7 February 2019.

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Landscape Phasing Plan, submitted 7 February 2019.
GWDTE (Groundwater Dependant Terrestrial Ecosystem Assessment)
Report, submitted 11 February 2019. Amended Report submitted 22
March 2019.
Landscape Mitigation Plan, submitted 11 February 2019.
Ancient Woodland Inventory Report, submitted 18 February 2019.
Street Engineering Review and Design Quality Audit, submitted 18
February 2019. Updated Reports submitted 8 March 2019.
Email with approximate build-out rate for the initial detailed phase,
submitted 7 March 2019.
Report to inform an Appropriate Assessment, submitted 8 March 2019.
Update from CFA on the Impacts on the listed building in light of updated
Masterplan, submitted 8 March 2019.

Following Completion of 26 March Formartine Area Committee Report
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Further amended Tree Survey Report for Chapters 1A and 1B, submitted
15 March 2019. Further amended on 20 March 2019. Further
Amendment for Chapter 1B on 7 August 2019.
Bin store information, submitted 15 March 2019. Further amended 9 April
2019.
Arboriculture Impact Assessment for Chapters 1A and 1B, submitted 15
March 2019. Further amended 20 March 2019. Further Amendment for
Chapter 1B on 7 August 2019.
Groundwater Dependant Terrestrial Ecosystems Report submitted 22
March 2019.
Compensatory Planting - Supplementary Note, submitted 8 April 2019.
Design Review Panel Response, submitted 9 April 2019.
Chapter 1A Landscape Strategy, submitted 9 April 2019.
Chapter 1A Vehicle Movement Strategy, submitted 9 April 2019.
Chapter 1A Housing Mix Diagram, submitted 9 April 2019.
Play Area Strategy, submitted 9 April 2019.
Swept Path Analysis extract, submitted 10 April 2019. Amended on 12
April 2019.
Updated Street Engineering Review and Quality Audit, submitted 12 April
2019.
Compensatory Planting Report, submitted 12 April 2019.
Water Features Survey – Supplementary Note, submitted 12 April 2019.
Economic Impact Assessment of Phase 2, submitted 12 April 2019.
Environmental Mitigation and Management Plans, submitted 12 April
2019.
Supplementary Note on North East Economy and Tourism, submitted 12
April 2019.
Updated Flood Risk Assessment, submitted 10 May 2019.
Outdoor Access Management Plan, submitted 6 June 2019.

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2.8

There is an extensive planning history for the site. Appendix 5 within the
Formartine Area Committee Report of 3 September 2019 lists the full planning
history. The most relevant applications, however, include:
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APP/2006/4605 – Outline Planning Permission (OPP) for a Golf Course
and Resort Development. Granted by Scottish Ministers on 16 December
2008.
APP/2010/0423 – Approval of Matters Specified in Conditions (MSC) for
Outline Planning Permission (Ref: APP/2006/4605) Including (1)
Masterplan and (2) Championship Golf Course Detail Including Driving
Range, Short Game Area, Putting Green and Turf Nursery. Granted on 24
June 2010.
APP/2010/1535 – Full Planning Permission (FPP) for the Construction of
Championship Golf Course including Driving Range, Short Game Area,
Putting Green & Turf Nursery. Approved on 30 June 2010.
APP/2012/3123 – FPP for the Change of Use from Lodge to form part of
the Golf Course & Resort Development including Accommodation for
Guests and Tourists. Approved on 10 January 2013.
APP/2012/3126 – FPP for the Change of Use of Macleod House to a use
that forms part of the Golf Course Resort Development. Approved on 18
February 2013.
APP/2014/2972 – FPP for the Erection of a Clubhouse. Approved on 21
October 2014.
APP/2015/0873 FPP for the Extension to Provide Banqueting
Accommodation and 6 No. Additional Hotel Rooms with Ancillary Leisure
and Operational Facilities. Approved on 15 July 2016.
APP/2015/2823 – FPP for the Construction of 18 Hole Golf Course and
Ancillary Facilities. Currently under assessment.
APP/2017/0533 – Modification of Planning Obligation No.7 of Section 75
Agreement (APP/2006/4605 and APP/2010/0423). Currently under
assessment.
ENQ/2015/0526 – Proposal of Application Notice (POAN) for Planning
Permission in Principle for the Erection of 850 No. Residential Units, 1,900
No. Leisure Accommodation Units with Ancillary Commercial
Development. A public consultation event took place in line with
Legislation on 5 May 2015. POAN agreed on 13 April 2015.
ENQ/2018/0706 – Environmental Impact Assessment (EIA) Screening for
Residential Development. Having evaluated the potential significance of
the likely environmental effects, it was considered that the proposed
development, by virtue of its characteristics, location and characteristics of
the potential impact, was not likely to have a significant environmental
effect to the extent that expert and detailed study through EIA is needed to
properly assess any effect. It was, therefore, the opinion of Aberdeenshire
Council, as Planning Authority, that the proposed development did not
constitute ‘EIA development’ under the terms of the EIA regulations. EIA
Screening response sent on 15 May 2018.
ENQ/2018/0769 – Pre-Major Application Enquiry Development Comprising
up to 550 Dwellings (up to 500 Residential Units and a Minimum of 50
Leisure/Resort Units), Community Facilities, Development Falling within

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Class 1 (Shops), Class 2 (Financial, Professional and Other Services) and
Class 3 (Food and Drink), Landscaping and Supporting Infrastructure.
Major meeting with consultees took place on 17 May 2018. A minute was
taken and provided to the agent.
3.

Representations and Consultations (Summary)

3.1

A total of 2,921 valid representations (2,918 in objection, of which 1 letter
contained a petition with 18,722 names and 3 in support) from different
households have been received as defined in the Scheme of Governance.
This does not include multiple representations from the same household
which equate to 3,004 letters in total. All valid representations can be viewed
on the Aberdeenshire Council Website. All issues raised have been
considered.

3.2

Several representations (both objection and support) were received after the
closing period for submitting comments. Whilst these have not been included
in the above numbers, all valid material issues have been considered.

3.3

The representations are summarised in more detail in the Formartine Area
Committee Report of 3 September 2019, specifically Section 3.

3.4

The consultation responses are summarised at Section 4 of the said Formartine
Area Committee Report.

4.

Principle Planning Issues (Summary)

4.1

In terms of the planning application, the main issues arising from Local and
Scottish Planning Policy (SPP), and other material considerations, are as
follows:
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Strategic Development Plan and Scottish Planning Policy;
Local Development Plan;
Economic Benefits;
Housing Land and Affordable Housing;
Developer Obligations;
Layout, Siting and Design;
Access and Servicing;
Drainage and Flood Risk;
Landscape and Visual Impact;
Natural Heritage;
Built Heritage; and
Other considerations

Strategic Development Plan and Scottish Planning Policy
4.2

This proposal has been found to be of a nature that it is relevant to consider
the whole Development Plan context which comprises the Strategic
Development Plan 2014 and the Local Development Plan 2017. As noted in

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section 9 of this Report, due to the Aberdeen City & Shire Strategic
Development Plan 2014 being beyond its 5-year review period, the
presumption in favour of development that contributes to sustainable
development will be a significant material consideration in line with Scottish
Planning Policy 2014 (SPP).
4.3

The Planning Authority must therefore consider the contribution that this
proposal makes to sustainable development. As per SPP, the strong
materiality of economic benefit related to this proposal is acknowledged. In
addition to this, the existing allocation for development on this site within the
current Local Development Plan, which is supported by the extant planning
consent for development of this site, must also be considered as a further
strong material consideration in this case. In any instance, it is apparent that
the identified weaknesses of the development in terms of sustainability,
related primarily to connectivity and a less than ideal reliance on the private
vehicle, is not exacerbated by the current proposals when compared to that
already consented on site. Measures in the form of cycle and walking
connectivity where possible and a public transport strategy can be sought to
mitigate for these shortcomings. The developer has promoted sustainability
through alternative aspects of the development, such as on-site facilities, high
quality recreational space and a fabric first approach to address construction
sustainability for individual properties and buildings. In addition, the site
would provide a net benefit to housing delivery numbers identified in the
existing SDP, as the site is considered constrained within the Housing Land
Audit for Infrastructure reasons (related to the delivery of the AWPR) and, as
such, would be in addition to the identified five-year effective land supply.
The Local Development Plan

4.4

The site is allocated in the current Aberdeenshire Local Development Plan
2017 in the Balmedie Settlement Statement as OP3, which sets out the
allocation of the site in full. The allocation includes up to 500 houses,
community facilities, holiday apartments, as well as golf villas and a resort
hotel.

4.5

The supporting text to the allocation highlights the importance of the social
and economic benefits of the Outline Planning Permission (OPP) but does not
support proposals which would deviate from the previously consented
scheme. It is clear that the delivery of tourist accommodation and
development which directly supports the local economy, in the first instance,
is the desired outcome, with private housing intended to follow.

4.6

Whilst the components of this application ((550 dwellinghouses (up to 500
residential units and a minimum of 50 leisure/resort units) as well as
community facilities and food and drink uses)) are all components of the
original OPP, the proposal falls short of the 450 bedrooms proposed for hotel
use and 36 ‘golf villas’ in terms of the tourist accommodation offer. It is
highlighted that a 21-bedroom hotel within Macleod House and Lodge, in
addition to a championship golf course and golf related facilities, the
clubhouse and maintenance building have already been delivered on site.

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The Planning and Environment Service is currently assessing an application
for a second golf course within the Estate which will be reported to the
Formartine Area Committee in due course. The submitted Economic Impact
Assessment states “Phase 3 and future phases will continue to bring forward
each component of the original vision for the site.”
4.7

Whilst, as noted above, the provision of 54 resort rooms does not fulfil the
allocation, it is a step towards it, as with the inclusion of other facilities such as
the gym, shops and potential for food and drink uses to provide additional
economic and social benefits to the area. As such, the Planning and
Environment Service is satisfied that the proposals comply with Policies B3
Tourist facilities and Policy P6 Community infrastructure.

4.8

The developer has explained in the Planning Statement the reasoning for the
early draw forward of the housing. This has been due to the original phasing
being no longer economically viable. This will be discussed in more detail
below.

4.9

It is recognised that the current application is a significant departure from the
allocation in terms of the original phasing and Section 75 but meets the
requirements of other key policies. In order to fully assess the acceptability of
the principle of development, other matters must also be assessed, mainly the
economic implications and housing land.
Economic Benefits

4.10 Whilst completion of the development as consented would obviously be
welcomed, the changes to the phasing of the development does make it less
attractive economically by providing the residential element prior to the
tourism infrastructure.
4.11 The developer has submitted an Economic Impact Assessment for Phase 2 of
the development. The challenging environment for investment as a result of
the 2008 recession and oil price collapse in 2014 are outlined. It is asserted
that market prospects today are very different compared to a decade ago and
that the current proposal would generate several long-term jobs, in addition to
the construction jobs, along with wider benefits from construction.
4.12 Both Scottish Planning Policy (SPP), the National Planning Framework 3
(NPF3) alongside the Aberdeen City and Shire Strategic Development Plan
offers support for business and sustainable economic growth, but also
highlights that there should be the ability to be flexible to accommodate
changing circumstances. The Local Development Plan Settlement Statement
allocation does not, however, allow any flexibility in this regard. SPP
alongside NPF3 also highlights that house building makes an important
contribution to the economy, which is clear from the findings of the submitted
information.
4.13 It is apparent that the Council’s Business Development Executive has
confirmed that the proposal would lead to an increase in direct and indirect job

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opportunities and lead to diversified local economic growth. The Planning
Service considers that, as outlined in national and regional policy documents,
a pragmatic and flexible approach is required in this instance, if the full resort
development is to be realised over time. The current proposal continues to
offer net economic benefits to the area in the form of affordable housing in the
Ellon Academy Catchment Area, and the provision of construction,
commercial, leisure and tourism job opportunities.
Housing Land and Affordable Housing
4.14

Policy H1 Housing land supports the principle of the development within the
OP3 allocated site. As this application proposes development of a scale that
does not exceed the allocation, the proposal aligns with Policy H1 Housing.

4.15 The Heads of Terms for a Section 75 have been agreed for all contributions
sought, this includes a 25% affordable housing contribution in the form of a
commuted payment in order to address the local housing need in the Ellon
Academy catchment area. This is the preferred option which is supported by
Aberdeenshire Council waiting list 2019 and the Housing Need and Demand
Assessment 2017. The proposal is considered to comply with Policy H2
Affordable Housing. Future Chapters will also require a 25% contribution and
there is scope for the consideration of on-site delivery of affordable housing
units which meets local housing needs. This would require to be assessed
prior to any future applications. This has been agreed in principle with the
developer and given that the Heads of Terms for a Section 75 have now also
been agreed for all other contributions sought, the proposal is considered to
comply with Policy H2 Affordable Housing.
Developer Obligations
4.16

Aberdeenshire Council is seeking contributions towards Affordable Housing,
Primary Education, Community Halls, Sports and Recreation, Healthcare and
Waste and Recycling. The Education and Children’s Service has confirmed
that there should be no impacts on secondary school capacities. As such, the
proposal complies with Policy RD2 Developers’ obligations.
Layout, Siting and Design

4.17

In terms of general layout, siting and design, as part of this hybrid style
application, detailed designs and layout have been provided for Chapters 1A
and B. The remaining Chapters of the proposal are only indicative at this
stage.

4.18

The proposal is considered to meet the six qualities of successful places, as
outlined in Policy P1, Layout, siting and design. The Planning and
Environment Service finds that the proposal would create a distinctive
development with a sense of local identity. Following the submission of
further information, the proposal is now considered to be sufficiently serviced
in terms of public access provision within and around the Menie Estate, and

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measures to enhance biodiversity are achievable. As such, the application
complies with all of the criteria of Policy P1, Layout, siting and design.
4.19

Within the open space provision, the submitted plans show existing tree
belt/woodland retention, the provision for strategic tree planting, civic open
space, green corridors, play areas and buffer strips alongside water bodies.
There is potential, in future phases, to provide high quality open space in the
form of sports pitches, play areas, etc. Therefore, the application also
complies with Policy P2 Open space and access in new development.

4.20

In line with the requirements of the Settlement Statement allocation, a design
review process has taken place through the Aberdeenshire Design Review
Panel. Appendix 14 within the Formartine Area Committee Report of 3
September 2019 contains the note and the key matters highlighted by the
Panel for the applicant’s consideration.

4.21 The Design Review Panel process provides additional advice to the developer
on how the proposal could be enhanced. Whilst the process is useful, it is
also advisory and there is no obligation for the developer to include all
recommendations made through this process. Matters raised were reflective
of advice given to the developer by the Planning and Environment Service at
pre-application stage and in addition to physical design guidance, comments
also addressed matters such as open space and biodiversity. Comments
received in relation to such matters are also taken on board by the Planning
and Environment Service and have influenced ongoing negotiations and
proposed planning conditions.
4.22

Whilst the Design Review process was carried out at a later stage in the
determination process, there is no doubt that the process was worthwhile as
the current detailed proposals are considered to be early phases in the overall
aspiration of the developer at this location and comments will hopefully
influence any future development proposal related to the current scheme.
Access and Servicing

4.23

It should be noted that the internal layout of the remainder of the chapters
cannot be assessed at this stage, given the indicative layout. The key issue is
the principle access arrangements which need to be agreed at this stage. It is
general practice that other detailed elements could be agreed by way of
condition. Whilst the phasing of the development differs from the extant
permission and the LDP allocation, the number of residential units has not
been exceeded and the site has always been remote from local facilities and
was approved in this knowledge and accepted through the LDP Examination.

4.24

Transport Scotland has no objections to the proposals and has not requested
a grade separated junction at this time. The developer has submitted an
updated Street Engineering Review and Quality Audit, and Infrastructure
Services (Roads Development) have confirmed that the local road network
would be in accordance with the principles of Designing Streets.

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4.25

The Planning and Environment Service acknowledges the comments from
Transportation looking at the strategic transportation issues and appreciates
that national and local policy documents pertaining to new development
should have good connectivity, and sustainable travel options with the aim of
reducing the need to travel. It is accepted, however, that both the OPP and
the allocation of the site within the Local Development Plan is a strong
material consideration.

4.26

It is apparent that the strict adherence to relevant policy criteria outlined by
Transportation reflects a consistent approach to how all new development
proposals are considered. However, in this instance, it is the opinion of the
Planning and Environment Service that balanced consideration must be made
of the application’s merits, whilst taking account of the significant material
weight attached to the planning history on this site. The site has always been
remote from the wider community, but the economic benefits outweighed the
environmental impact when the Scottish Ministers granted OPP. Therefore,
the Planning and Environment Service would consider the proposal
acceptable as a departure from Policy RD1 Providing suitable services and
Policy P1 Layout, siting and design.
Drainage and Flood Risk

4.27

Scottish Water has no objection to the proposed drainage proposals, but has
highlighted that upgrades will be required within the existing water network,
for the drainage network and at the treatment works. Following the
submission of updated information, SEPA has withdrawn its objection on
surface water and foul/waste water drainage and requested a condition be
attached if the application is approved to ensure the connection of the
development to the public sewer. The Flood Risk and Coast Protection
Service has also advised that what has been provided at this stage is
acceptable, but detailed designs would require to be submitted. This could be
dealt with by an appropriate condition. The proposal is now considered to
meet the requirements of Policy RD1 Providing suitable services for water and
waste and Policy PR1 Protecting important resources.

4.28

Turning to flood risk, the findings of the initial Flood Risk Assessment(FRA)
concluded that Chapter 1A is not expected to be at risk of overland flooding
and Chapter 1B is potentially at risk, with historic cases of overland flow
though the development site. Following the submission of updated
information, and the slight relocation of the proposed gym and fitness centre
building, SEPA have confirmed that in relation to the detailed elements of the
proposal (Chapter 1A and Chapter 1B) that no further information is required
in relation to flood risk. It is clarified that an updated, and site-specific FRA is
required for either the wider PPiP site, or any detailed individual chapters/
phases and this, along with the identified measures outlined in the FRA
require to be conditioned as part of any consent. The Flood Risk and Coast
Protection Service have also confirmed their satisfaction with the proposed
details subject to appropriate conditions being attached, should the Planning
Authority be of a mind to approve this current application. The proposal is
now considered to meet the requirements of Policy C4 Flooding.

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Landscape, Visual Impact and Trees
4.29

The Planning and Environment Service does not consider that the proposed
development, both the housing and the other uses proposed, would have an
undue visual impact on the wider landscape character areas and the special
landscape area. Due to the loss of a significant number of trees within the
site, as outlined within the Tree Survey, there could be an unacceptable
impact on the important natural landscape within Menie Estate. Information
submitted by the developer in order to address this matter in the form of a
compensatory tree planting scheme and adjustments to layout to largely avoid
impact on ancient woodland has been fully considered by the Planning and
Environment Service in consultation with Forestry Scotland. It is considered
that in this instance, the proposed level of replacement tree planting (3.07ha
lost and 5.6ha as compensatory planting) forms suitable mitigation and the
development, as a whole, meets the test under the Scottish Government’s
Control of Woodland Removal Policy, of providing significant and clearly
defined additional public benefits which is further enhanced by way of the
suitable mitigation proposed. As such, the proposal is now considered to
comply with Policy E2 Landscaping.
Natural Heritage

4.30

All new developments present an opportunity for biodiversity enhancement, in
line with Planning Advice. Whilst no firm details of this have been provided at
this stage, they can be controlled by condition.

4.31

Following the Formartine Area Committee Meeting, it has been confirmed by
Scottish Natural Heritage (SNH), that adequate information had been
submitted to allow Aberdeenshire Council to update the 2008 Appropriate
Assessment related to the impacts on the Ythan Estuary, Sands of Forvie and
Meikle Loch Special Protection Area (SPA) which is designated for its
important bird populations. It is the opinion of SNH that the proposal will not
adversely affect the integrity of the site in this regard. As such an Appropriate
Assessment was carried out by the Planning and Environment Service in line
with the Conservation (Natural Habitats, etc.) Regulations 1994. This
concluded that there would not be any significant adverse impact on any
qualifying interests.

4.32

At this time, the requirement for a further Bat Survey would result in the
proposals failing to demonstrate that there would be no detrimental impact on
any protected species at this time. The developer has indicated that a further
survey will be submitted to address the concerns raised. It is, however,
apparent that the required survey can only take place within the recognised
summer season. As such, the application fails to comply with Policy E1
Natural Landscape and Policy PR1 Protecting important resources, however,
it is anticipated that this matter can be addressed, in due course, following the
submission of further information.

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Built Heritage
4.33 Infrastructure Services (Archaeology) have not raised any concerns regarding
the proposals, but have requested that a programme of archaeological works
(WSI) is requested by condition should the application be approved. Whilst
the housing element of the proposed development would be visible in the
wider landscape of MacLeod House, the location, to the south past the main
landscaped gardens of MacLeod House, is not considered to have a negative
effect on the character or setting of the listed building. As such, the Planning
and Environment Service is content that the amended proposals comply with
Policy HE1 Protecting historic buildings, sites and monuments of the Local
Development Plan (LDP) and Managing Change in the Historic Environment
documents and welcomes additional planting to integrate the new
development and reduce any impact on important existing historical buildings
and characteristics.
Other Considerations
4.34

The site is covered by pockets of prime agricultural land. It is, however,
apparent that Policy PR1 Protecting important resources excludes allocated
sites within the Development Plan. For noting, Chapters 1A and 1B have no
pockets of prime agricultural land. As such, the proposed development is not
in conflict with this section of the policy or Scottish Planning Policy.

4.35

In terms of carbon neutrality and energy efficiency, no detail has been
provided at this stage. This is usually dealt with by way of a condition and
SEPA has agreed this is acceptable. As such, at this stage the proposal is
not considered to conflict with Policy C1 Using resources in buildings.

4.36 The site is located within the Energetica Corridor, which stretches from
Aberdeen to Peterhead, generally in line with the northern “Strategic Growth
Corridor” as defined in the Strategic Development Plan 2014. The Energetica
Corridor is covered by Policy B4 Special development areas. Development in
the Energetica Corridor will need to keep to a design and sustainability vision.
The key factors for enhancing the quality of life with the planning advice
include; access to quality education, social offerings such as places to meet or
entertainment venues, openness or how welcoming a place is, and the area’s
physical beauty and green spaces. It is the opinion of the Planning and
Environment Service that the overarching vision of the proposed development
would comply with the aims of the Planning Advice and, therefore, Policy B4.
4.37

With regard to comments raised within the representations, the Planning and
Environment Service considers all relevant material considerations have been
addressed in the content of this Report and associated Formartine Area
Committee Report.

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Matters Arising at Formartine Area Committee Meeting 26 March 2019
4.38

At the meeting of 26 March 2019 Formartine Area Committee, Members
requested that further detailed information be provided for consideration at
Full Council, in relation to a number of matters outlined below.
Economic Impact of the Development

4.39 Following the request of the Formartine Area Committee at its meeting of 26
March 2019, for further economic justification, the developer has submitted
two further separate documents in support of the proposal. These address
the current state of the North East economy and an assessment of the
economic impact of the second phase of development proposed.
4.40

For clarification, and as reported above and in the Formartine Area
Committee Report of 26 March 2019, the Economic Impact Review submitted
by the developer, as part of the original 2006 Outline Planning Permission
documents, estimated that the resort development could generate
approximately 950 local jobs as net additional development related
employment, 1,900 local jobs and 4,050 national jobs as net additional
construction industry employment and a net additional development related
Gross Value Added (GVA) of £43.5 million at the local level and £42.4 million
at a national level.

4.41

For comparison, the new Economic Impact Assessment of Phase Two Report
estimates that Phase Two (the current application) could generate a net longterm economic annual impact of approximately 268 overall jobs of which 244
will be local jobs (located in Aberdeenshire) and a gross impact of
development construction related employment of approximately 2,120
national jobs of which 1,980 will be local jobs. In summary, the net economic
impacts for Phase 2 related GVA would be £14.2 million at a national level, of
which £12.4 million will be experienced at the local level.

4.42

It is apparent that when comparing the current proposals with the original
development proposed for this phase of works, the proposal is now heavily
weighted towards the delivery of private housing. It is in this simplified context
that comments received from Aberdeenshire Council Business Development
Executive has described the proposals as a ‘weak substitute’. It is, however,
clear that the proposals do not represent an ‘either/or’ scenario, but are more
accurately a re-composition of development proposals to reflect the current
economic climate and demand. When viewed in this context, Business
Development confirm that the proposals are considered very welcome.

4.43

The Planning and Environment Service has sought to identify further
opportunities relating to the development to ensure that the social and
economic impacts remain at the forefront of the proposal. To this end,
following the Formartine Area Committee Meeting, discussions between the
Planning and Environment Service and the developer have resulted in the
developer expressing a willingness to deliver the tourist accommodation
elements detailed in the current proposals (which equates to 54 resort rooms)

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in parallel with any private housing consented as part of this application. It is,
therefore, proposed to condition the phasing of the development in the
manner outlined.
Grade Separated Junction on the A90 Balmedie Tipperty Dual Carriageway
4.44

Following further consultation with Transport Scotland, as requested by
Members of the Formartine Area Committee, Transport Scotland has
confirmed that the trunk network, as delivered by the AWPR Balmedie to
Tipperty project, would be capable of servicing the anticipated level of
development satisfactorily and preclude the requirement for a further grade
separated junction.

4.45

Transport Scotland has further clarified that in respect to the former A90 (now
B977), Aberdeenshire Council, as local Roads Authority, will need to satisfy
itself regarding the acceptability of the development impacts of these
proposals on the local road network. It has, therefore, been confirmed by
Transportation that the existing road network has adequate capacity to
accommodate the level of extra vehicular movements generated by the
current application.
Impact of the Development on Protected Species

4.46 In terms of further clarification of the impacts of the proposals on protected
species, it is apparent that an extended Phase 1 Habitat Survey was carried
out, as well as additional surveys for bats and geese in order to inform the
submitted Ecological Impact Assessment (EcIA). As a result, mitigation
measures have been proposed for habitats, protected species and general
biodiversity protection and enhancement.
4.47 As outlined previously, the proposal will not result in a significant adverse
impact on ecologically important habitats. In terms of the impact on specific
identified species, it is apparent that in relation to bats, as highlighted above,
the EclA advises that an updated bat survey is required and is to be submitted
prior to any consent being issued were this application to be considered
favourably. The required survey can only be carried out within the summer
months. According to legislation this is not a requirement that can be subject
to a planning condition and the outcome of any survey must be agreed prior to
any planning permission being consented.
4.48 In relation to otters, the submitted surveys recorded no evidence of ongoing
use of the ponds. However, it is proposed to carry out pre-construction and
repeat surveys during construction to ensure legal obligations are met.
4.49 Ongoing badger activity was recorded during the 2018 surveys. However, it is
proposed to carry out pre-construction and repeat surveys during construction
to ensure legal obligations are met. As any ecological survey is essentially a
snapshot in time, up to date surveys will be required for each subsequent
phase that comes forward for development.

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4.50 In terms of birds, it is anticipated that there will be some loss of nest sites for
ground nesting farm birds. However, this will not be a significant adverse
impact due to the proximity of similar habitat adjacent to the site. The
development site does not directly impact upon any designated nature
conservation sites. However, geese from the Ythan Estuary, Sands of Forvie
and Meikle Loch Special Protection Area are known to use this area for
feeding. A goose survey was also carried out in spring 2018 and included
within the submitted EclA. In summary, with the exception of bats, the
applicant has now provided a full suite of information related to protected
species that could potentially be impacted by the proposed development. On
assessment, and in conjunction with relevant technical consultees, such as
SNH and the Council’s Environment Service, the Planning and Environment
Service is satisfied that all potential impacts have been identified and where
appropriate mitigation or ongoing monitoring measures identified.
Provision of Primary School
4.51 Developer Obligations has confirmed that contributions have been secured
toward the provision of additional primary school capacity in the Balmedie or
Foveran area. The Menie development sits across the catchment areas of
both Balmedie School and Foveran School so will have an impact upon the
roll and capacity of both schools. The existing Balmedie Primary School is
forecast to exceed its operating capacity in 2021. To address this issue and
provide capacity within the education estate for pupils generated by the Menie
development and the recently approved housing developments at Blackdog
and Chapelwell, Education and Children’s Services propose to deliver
additional primary school capacity in the Balmedie to Ellon corridor.
Construction Traffic Management Plan
4.52 Transportation has confirmed that the most practical way to address concerns
related to construction traffic management is to ensure that a suitable
planning condition is attached to the granting of any planning consent to
ensure that a construction management plan is outlined prior to the
commencement of any development. It is clarified that this is required in order
to understand the construction impacts. It is further highlighted that access
cannot reasonably be prevented to any part of the public road network without
good reason to do so, however construction traffic impacts upon Balmedie
could be minimised through the identification of appropriate construction traffic
routing and management.
Compensatory Tree Planting and Further Consultation with Scottish Forestry
4.53 As indicated within this Report, further information related to compensatory
tree planting has been submitted by the developer. Scottish Forestry have
confirmed that the proposed scheme of compensatory planting exceeds the
amount of woodland loss in this instance (3.07ha lost and 5.6ha as
compensatory planting). It is highlighted that under the Scottish
Government’s Control of Woodland Removal Policy there is a strong
presumption in favour of protecting Scotland’s woodland resources and

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removal should only be allowed where it achieves significant and clearly
defined additional public benefits and that compensatory planting may form
part of this balance. In light of the information received, the Planning and
Environment Service is satisfied that the public benefits generated from the
development, in conjunction with the enhancement proposed by additional
tree planting, is considered to be acceptable and in accordance with the terms
of the Scottish Government’s Control of Woodland Removal Policy.
Greater population of appendices 10, 12 and 13 of FAC Report
4.54 Relevant Appendices were updated for the Formartine Area Committee
Meeting of 3 September 2019 and are attached as Appendices 10, 12 and 13
of the relevant Formartine Area Committee Report.
Clarification of Transportation input to the Local Development Plan with
regards to the Site
4.55 Site OP3 at Balmedie was added at the Proposed Plan stage (2015). The
proposal was not assessed by Transportation, as it was not a formal bid and
was previously consented development.
Summary
4.56

The application is supported by several documents, both technical and nontechnical, including a detailed phasing plan for the entire site. It is
acknowledged that the developer has now addressed many of the outstanding
holding objections from consultees through the submission of new and
updated reports/information. As a result, the proposal continues to be
considered as an acceptable proposal in principle.

4.57

Assessing all the above considerations, the Planning & Environment Service
considers the potential economic benefits of the proposed development to
have considerable merit. The residential development is considered to be
acceptable as a departure from the Settlement Statement, in particular the
phasing element. In addition, given the site is allocated within the Local
Development Plan, the Planning and Environment Service is also content with
a departure from Policy R1 Special rural areas. The Council is asked to
confirm its agreement to this view.

4.58

Notwithstanding the above, the proposal is still required to comply with all
other relevant policies and as a result of the awaited bat survey information,
concerns in relation to Policy E1 Natural Landscape and Policy PR1
Protecting important resources remain. As such, the Planning and
Environment Service is unable to fully support the application and recommend
that this matter is delegated in order to allow the applicant time to satisfy the
requirements of the Planning and Environment Service in relation to this
matter. The relevant consultees have clarified that the outstanding
requirement can be addressed and for this reason, the Planning and
Environment Service consider it acceptable in these circumstances to allow
this matter to be delegated, to enable the applicant to provide all the required

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information. Should this matter not be addressed within a reasonable
timescale, the Planning and Environment Service would refer this application
back to Full Council.
5.

Area Committee Decision (Summary)
Formartine Area Committee Meeting 26 March 2019

5.1

The Formartine Area Committee at its meeting on the 26 March 2019 agreed
that the Committee did not reach a consensus view on the application. The
Committee agreed to advise Full Council that members of the Committee had
a mix of supportive, negative and neutral views on the application.

5.2

The Committee agreed to advise Full Council of the following matters
discussed at Committee:
1.
2.

3.
4.
5.
6.
7.
8.
9.
5.3

The planning application is a departure from the Local Development
Plan (LDP) and it fails to comply with the approved Masterplan.
The Report to Full Council to provide further information on:
a.
economic benefits of the development;
b.
road layout, access to the development and grade separated
junction; and
c.
impact of the development on Icelandic pink footed geese.
Opportunities highlighted by the Aberdeenshire Design Review Panel
not taken up by the applicant.
Lack of affordable housing on site.
Development in the area of ancient woodland.
Outstanding objections from SEPA and Transportation.
Concerns raised over connectivity in terms of transport policy.
Ability of the development site to provide walking accessibility to local
amenities and connectivity in relation to cycling.
General concerns over lack of information.

The Committee agreed to request that further, more detailed information, be
provided to Full Council on the:
1.
2.
3.
4.
5.
6.
7.
8.

economic impact of the development.
grade separated junction on the A90 Balmedie Tipperty dual
carriageway.
impact of the development on any protected species.
provision of primary school.
construction traffic management plan (to reroute the construction traffic
away from Balmedie).
compensatory tree planting and further consultation with Forestry
Commission.
greater population of Area Committee report appendices 12 and 13.
clarification of Transportation input to the Local Development Plan with
regards to the site.

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Page: 32

Formartine Area Committee Meeting 3 September 2019
5.4

As highlighted in Paragraph 2.5 of this Report, following the 26 March 2019
Area Committee Meeting, the Agent submitted a significant amount of new
information, seeking to address the outstanding delegated matters highlighted
in the Formartine Area Committee Report and to provide further information
sought by Members of the Formartine Area Committee. The Director of
Infrastructure Services considered that the new information received may
have further informed the view of the Formartine Area Committee and the
Committee was, therefore, asked to further consider the application with the
further information provided and assessed since 26 March 2019, so that the
Area Committee could provide a properly informed and evidenced view for
consideration at Full Council.

5.5

The Formartine Area Committee, at its meeting on the 3 September 2019,
agreed that the Committee did not form a view on the application; and agreed
to advise Full Council that further consideration of the following matters
discussed at the meeting, was required by Full Council:
(1)
(2)
(3)
(4)

(5)

the extent to which the application is a departure from the Local
Development Plan;
the extent to which the application is a departure from the initial phasing
and permissions previously approved;
the extent to which the departure is seen as justifiable;
the impact of the development on the community of Balmedie in terms of
amenity given the lack of provision for a grade separated junction on the
A90 Balmedie Tipperty dual carriageway; and
the potential impact of the development on primary and secondary
school provision in the wider catchment area;

6.

Area Implications

6.1

In the specific circumstances of this application there is no direct connection
with the currently specified objectives and identified actions of the Formartine
Local Community Plan.

7.

Implications and Risk

7.1

An Equality Impact Assessment is not required because the granting or
refusing of this application is not considered to have a detrimental impact on
the protected characteristics of the applicant or any third parties.

7.2

There are no staffing and financial implications. The Council’s Monitoring
Officer has confirmed that although the impact of the proposed development
will be mitigated by developer obligations funding secured by a Section 75
Legal Agreement, the payment of these funds to the Council is in no way
guaranteed. This is because, as reflected in all housing proposals subject to
Developer Obligations, payment is dependent on the proposed houses being
built. In addition, there is no defined timescale for the delivery of the houses
and, consequently, the payment of contributions.

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7.3

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.

8.

Sustainability Implications

8.1

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.

9.

Departures, Notifications and Referrals

9.1

Strategic Development Plan Departures
From the 29 March 2019, the Strategic Development Plan 2014 will be
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.

9.2

Local Development Plan Departures
Balmedie Settlement Statement
Policy R1 Special rural areas
Policy P1 Layout, siting and design
Policy E1 Natural heritage
Policy PR1 Protecting important resources
Policy RD1 Providing suitable services

9.3

The application is a Departure from the adopted Local Development Plan.
The application has also been advertised in the Johnston Press. 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.

9.4

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.

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10.

Recommendation
That the Council agree that Authority to GRANT Planning Permission in
Principle be delegated to the Head of Planning and Environment, subject
to:•
•
•

The satisfactory submission of a further Bat Survey;
The conclusion of a Section 75 Legal Agreement; and
The following Direction and Planning Conditions.

Direction
DIRECTION UNDER SECTION 59(5) OF THE TOWN AND COUNTRY
PLANNING (SCOTLAND) ACT 1997:
Aberdeenshire Council hereby directs that application for approval of all
matters specified in conditions to a grant of Planning Permission in Principle
must be made before whichever is the latest of the following dates:
(i)
(ii)

(iii)

The expiration of 15 years beginning with the date of the planning
permission in principle; or,
The expiration of 6 months from the date on which an earlier application
(Matters Specified in Condition) for the requisite approval was refused or
dismissed following an appeal or review.
The expiration of 6 months from the date on which an appeal against
such refusal was dismissed.

In relation to any matter under parts (i) and (ii) above, only one application for
approval of matters specified in conditions may be made after the expiration of
the planning permission in principle.
The development hereby granted shall be begun before the expiration of 15
years from the final approval of the matters specified in conditions or, in the
case of approval on different dates, the final approval of the last such matters
to be approved.
Conditions
01

With the exception of Chapters 1A and 1B, details of the specified
matters listed below shall be submitted for consideration by the Planning
Authority for each phase of the proposed development, in accordance
with the timescales and other limitations identified in the relevant
direction made under Section 59 of the Town and Country Planning
(Scotland) Act 1997 (as amended).
No development in connection with each phase shall begin on the site
unless all of the details listed in this condition have been submitted to
and approved in writing by the Planning Authority for each phase. The

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development shall be carried out in complete accordance with the details
approved in relation to this condition.
Specified matters:
a) A detailed levels survey (existing and proposed) and cross sections
showing proposed finished ground and floor levels of all buildings
forming part of the development, relative to existing levels and a
fixed datum point;
b) Full details of the proposed means of disposal of foul and surface
water from the development;
c)
The siting, design, height and external materials of all buildings or
structures;
d) The details of all roads, footpaths and cycleways throughout the
development;
e) Details of any screen walls/fencing to be provided;
f)
Measures to maximise environmental sustainability through design,
orientation and planting or any other means;
g) Details of all landscaping, planting and screening associated with
the development;
h) Details of the maintenance of all open space and treed areas not
included in private house plots;
i)
A tree survey identifying all existing trees proposed to be removed
or retained;
j)
A Badger Survey;
k)
Full details of waste/recycling collection point.
Reason: Permission for the development has been granted in principle
only and subsequent approval is required for these matters in
accordance with Section 59 of the Town and Country Planning
(Scotland) Act 1997 (as amended).
02

Concurrently with the submission of the first application for the approval
of MSC, plans showing the proposed phasing of the development shall
be submitted to and approved in writing by the Planning Authority.
Following approval of this phasing scheme, the development shall be
implemented in accordance with the approved scheme.
Reason: To ensure the timeous provision of, and to retain control over,
the development.

03

The total number of houses hereby granted shall not exceed 550 units.
No more than 500 of the 550 houses hereby granted shall be sold as
private houses.
Reason: The development of further private housing on this site as
permanent residential units would not comply with the Council’s Local
Development Plan policies regarding residential development in this
area. Furthermore, to ensure that the scale of development does not
exceed that assessed by the supporting Transport Assessment, and to
ensure that the scale and operation of the proposed development does

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not adversely affect the safe and efficient operation of the trunk road
network.
04

The golf villas and leisure/resort units hereby approved shall be
occupied on a holiday letting or fractional ownership basis only and for
no other purposes whatsoever including use as permanent residential
units without the prior express grant of planning permission by the
Planning Authority. The golf villas and leisure/resort units shall not be
occupied as a person’s sole or main residence and the owner of the golf
villas and leisure/resort units shall maintain an up-to-date register of the
name of each occupier of the golf villas and leisure/resort units on the
site, their length of stay and their main home address, and shall make
this information available at all reasonable times to the Planning
Authority.
Reason: The occupation of the golf villas and leisure/resort units as
permanent residential units would not comply with the Council’s Local
Development Plan policies regarding residential development in this
area and would undermine the economic and social benefits of the
development.

05

No works in connection with the permission hereby approved shall
commence, unless further details for the proposed scheme of
compensatory tree planting outlined have been submitted to and
approved in writing by the Planning Authority. Details of the scheme
shall include:
a)
b)
c)

The location of the compensatory tree planting.
A schedule of planting to comprise species, plant sizes and
proposed numbers and density.
A programme for the implementation, completion and subsequent
management of the proposed compensatory tree planting. (The
agreed compensatory tree planting scheme MUST be
comprehensive and include timescales for the implementation of
the works)

The compensatory tree planting shall be carried out in complete
accordance with the approved scheme. Any planting which, within a
period of 5 years from the completion of the compensatory tree planting,
in the opinion of the Planning Authority is dying, being severely damaged
or becoming seriously diseased, shall be replaced by plants of similar
size and species to those originally required to be planted.
Reason: In order to maintain woodland cover in accordance with the
aims of local and national planning policies.
06

In accordance with condition 1 g), h) and i), no works in connection with
each relevant phase of the development approved shall commence
unless a scheme of hard and soft landscaping works has been submitted

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Page: 37

to and approved in writing by the Planning Authority. Details of the
scheme shall include:
a)
b)
c)
d)
e)
f)
g)

h)
i)

A tree survey in accordance with BS 5837:2012.
Existing landscape features and vegetation to be retained.
Protection measures for the landscape features to be retained.
Existing and proposed finished levels.
The location of new trees, shrubs, hedges, grassed areas and
water features.
A schedule of planting to comprise species, plant sizes and
proposed numbers and density.
The location, design and materials of all hard landscaping works
including any walls, fences, gates, street furniture and play
equipment.
An indication of existing trees, shrubs and hedges to be removed.
A programme for the implementation, completion and subsequent
management of the proposed landscaping.

All soft and hard landscaping proposals shall be carried out in
accordance with the approved planting scheme and management
programme. Any planting which, within a period of 5 years from the
completion of the development, in the opinion of the Planning Authority
is dying, being severely damaged or becoming seriously diseased, shall
be replaced by plants of similar size and species to those originally
required to be planted. Once provided, all hard landscaping works shall,
thereafter, be permanently retained.
Reason: To ensure the implementation and management of a
satisfactory scheme of landscaping, which will help to integrate the
proposed development into the local landscape in the interests of the
visual amenity of the area.
07

No individual dwellinghouse or building hereby approved shall be
erected unless an Energy Statement, which demonstrates that the
proposed energy efficiency measures adhere to the highest standard of
current building regulations applicable to that dwellinghouse or building,
has been submitted to and approved in writing by the Planning Authority.
The Energy Statement shall include the following items:
a)
b)

Full details of the proposed energy efficiency measures and/or
renewable technologies to be incorporated into the development.
Calculations using the SAP or SBEM methods which demonstrate
that the reduction in carbon dioxide emissions rates for the
development, arising from the measures proposed, will enable the
development to comply with Policy C1 of the Aberdeenshire Local
Development Plan 2017.

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Page: 38

The development shall not be occupied unless it has been constructed in
full accordance with the approved details in the Energy Statement. The
carbon reduction measures shall be retained in place and fully
operational thereafter.
Reason: To ensure this development complies with the on-site carbon
reductions required in Scottish Planning Policy and Policy C1 of the
Aberdeenshire Local Development Plan 2017.
08

No works in connection with the development hereby approved shall
commence unless an archaeological written scheme of investigation
(WSI) has been submitted to and approved in writing by the Planning
Authority and a programme of archaeological works has been carried out
in accordance with the approved WSI. The WSI shall include details of
how the recording and recovery of archaeological resources found within
the application site shall be undertaken, and how any updates, if
required, to the written scheme of investigation will be provided
throughout the implementation of the programme of archaeological
works. Should the archaeological works reveal the need for post
excavation analysis the development hereby approved shall not be
brought in to use unless a post-excavation research design (PERD) for
the analysis, publication and dissemination of results and archive
deposition has been submitted to and approved in writing by the
Planning Authority. The PERD shall be carried out in complete
accordance with the approved details.
Reason: To safeguard and record the archaeological potential of the
area.

09

The proposed development shall be connected to the public water
supply, as indicated in the submitted application, and shall not be
connected to a private water supply without the separate express grant
of planning permission by the Planning Authority.
Reason: To ensure the long-term sustainability of the development and
the safety and welfare of the occupants and visitors to the site.

10

No works on any phase of the development hereby approved shall
commence unless a detailed site-specific Construction Method
Statement has been submitted to and approved in writing by the
Planning Authority. The Construction Method Statement shall include
details of the proposed routing of construction traffic, temporary road
openings, traffic management requirements and type and volume of
traffic. Once agreed, all construction works on the site shall comply with
the approved Construction Method Statement.
Reason: In the interests of protecting the environmental sensitivity of the
site and its surroundings and to control environmental pollution.

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Page: 39

11

No works in connection with each phase of the development hereby
approved shall commence unless a Tree Protection Plan has been
submitted to and approved in writing by the Planning Authority. Tree
protection measures shall be shown on a layout plan accompanied by
descriptive text and shall include:
a)

b)

c)

d)

e)

f)

The location of the trees to be retained, their root protection areas
and canopy spreads (as defined in BS 5837: 2012 Trees in relation
to design, demolition and construction).
The position and construction of protective fencing around the
retained trees (to be in accordance with BS 5837: 2012 Trees in
relation to design, demolition and construction).
The extent and type of ground protection, and any additional
measures required to safeguard vulnerable trees and their root
protection areas.
An Arboricultural Impact Assessment which evaluates the direct
and indirect impacts of the proposed development on the trees to
be retained and proposed mitigation.
An Arboricultural Method Statement to demonstrate that operations
can be carried out with minimal risk of adverse impact on trees to
be retained.
A method statement for any works proposed within the root
protection areas of the trees shown to be retained.

No works in connection with the development, hereby approved, shall
commence unless the tree protection measures have been implemented
in full, in accordance with the approved tree protection plan. No
materials, supplies, plant, machinery, soil heaps, changes in ground
levels or construction activities shall be permitted within the protected
areas without the written consent of the Planning Authority. No fire shall
be lit in the position where the flames could extend to within 5 metres of
foliage, branches or trunks. The approved tree protection measures
shall be retained in situ until the development has been completed.
Reason: In order to ensure adequate protection for the trees and
hedges on the site during the construction of development, and in the
interests of the visual amenity of the area.
12

No works in connection with the development hereby approved shall
commence unless full details for the implementation and delivery of the
agreed Outdoor Access Management Plan for continuing and enhanced
non-motorised public access has been submitted to and approved in
writing by the Planning Authority. The development shall be carried out
in complete accordance with the approved Outdoor Access Management
Plan and timescales agreed.
Reason: To ensure the adequate provision of public access within and
around the site.

 Item: 4
Page: 40

13

No works in connection with the development hereby approved shall
commence, unless a scheme of signage in respect of the Outdoor
Access Management Plan strategy on the site has been submitted to
and approved in writing by the Planning Authority. The scheme shall
include details of:
a)
b)
c)
d)

The location of the proposed signage.
The design and appearance of the proposed signage, including any
structures and fittings.
Timescales for and details of the implementation and phasing of
the signage works.
The proposed maintenance of the signage.

The signage shall be carried out in accordance with the approved
scheme and shall be permanently retained thereafter.
Reason: To protect the proposed public path network on the site and in
the interests of public access within and around the site.
14

The development hereby approved shall be carried out in accordance
with the approved Ecological Impact Assessment, Version 1, 30 July
2018 and subsequent Mitigation and Management Plans –
Supplementary Note, by Ironside Farrar Environmental Consultants,
April 2019.
Reason: In the interests of protecting the biodiversity of the
environment.

15

Prior to commencement of any works in relation to Chapter 1B, the
approximate 40 metre culverted section of the channel referred to as
'Crossing C' within the Flood Risk Assessment [Fairhurst; Menie Estate
Aberdeenshire; Flood Risk Assessment; January 2019; Doc. No.
116740/G/W/03; Revision 2; Dated: 02/05/19] shall be removed and
returned to open channel to the satisfaction of the Planning Authority in
Consultation with SEPA and Infrastructure Services (Flood Protection).
Reason: In order to protect people and property from flood risk.

16

Finished floor levels (FFL) for all buildings within Phase 1B shall be set
at a minimum elevation of the 0.5% annual exceedance probability
(AEP) + climate change allowance flood level + 600mm freeboard, as
stated within the Flood Risk Assessment based on the cross-section
upstream of the built development (i.e. minimum FFL = 23.47m AOD).
Reason: in order to protect people and property from flood risk.

17

No land-raising or built development shall take place within the 0.5%
annual exceedance probability (AEP) + climate change allowance
floodplain, as defined on drawing [Fairhurst; Proposed 200 Year & 200

 Item: 4
Page: 41

Year and CC Flood Extents; Dwg. No.16740/2108; Revision A; Dated:
18/04/19].
Reason: In order to protect people and property from flood risk.
18

As recommended within the Flood Risk Assessment [Fairhurst; Menie
Estate Aberdeenshire; Flood Risk Assessment; January 2019; Doc. No.
116740/G/W/03; Revision 2; Dated: 02/05/19], no alterations to the bank
levels within the vicinity of 'Crossing D', and no alterations to ground
levels that would result in new flood-water flow-paths being introduced,
shall be made.
Reason: In order to protect people and property from flood risk.

19

With the exception of Chapters 1A and 1B, no works in connection with
the development hereby approved shall commence unless detailed,
quantitative flood risk analysis/modelling has been undertaken for
Chapters 2 to 8, and the results have been submitted to and approved in
writing to by the Planning Authority. This should include appropriate
drawings presenting the level and extent of the 0.5% annual exceedance
probability (AEP) + climate change allowance floodplain.
Reason: In order to protect people and property from flood risk.

20

Buffer strips in line with Aberdeenshire Council's guidance shall be
maintained in perpetuity around all watercourses/waterbodies.
Reason: In order to protect people and property from flood risk.

21

Prior to the commencement of any development related to Chapter 1A
and 1B hereby approved, and as part of any future Matters Specified in
Conditions (MSC) application for any further phase of the development
hereby approved, full detailed surface water (SUDS) drainage design
shall be submitted to and approved in writing by the Planning Authority.
Details shall include appropriate drawings and calculations which
address the following matters:
a)

b)

c)

d)

The Drainage Impact Assessment (DIA) for each phase of the
development should include the detailed design of the proposed
SUDS components (e.g. basin/swale sizing, surface water sewer
layout, etc.).
Surface water should be suitably attenuated, with this attenuation
designed for a minimum of a 1-in-30 year return period event +
climate change allowance.
Further to the attenuation provided, surface water to be discharged
to a watercourse shall be controlled to achieve limited discharge
relative to the pre-development greenfield run-off rate.
It should be confirmed that surface water will not enter buildings
based on a 1-in-200 year return period event + climate change
allowance. This should be supported by appropriate drawings

 Item: 4
Page: 42

e)

presenting ground levels and flow paths, as well as demonstrating
how the 1-in-200 year return period event + climate change
allowance flow will be conveyed to the detention basin area.
The surface water drainage system[s] shall be provided in
accordance with the approved details and be permanently retained
thereafter in accordance with the approved scheme.

Reason: In order to ensure that adequate drainage facilities are
provided, and retained, in the interests of the amenity of the area.
22

No works in connection with the development hereby approved shall
commence unless a plan/map showing all watercourses in their current
condition (i.e. the shape of the watercourse at present – is it a canalised
trench or natural bed and bank type?), in the context of the landscape
and the siting of any proposed activity within or adjacent to the
watercourse, have been submitted to and approved in writing to by the
Planning Authority. For the avoidance of doubt, all crossings shall be
formed by single span bridges. The development shall be carried out in
complete accordance with the approved details.
Reason: To ensure that all proposed crossings will not impact on bed or
bank of watercourses on site.

23

No works in connection with the development hereby approved shall
commence until an assessment of potential environmental enhancement
measures, including a map showing locations, have been submitted to
and approved in writing by the Planning Authority. As part of the details
of this assessment, and to ensure this development is an exemplary
development, the following is required:
a)

b)

All SUDS features are to be biodiversity and ecologically enhancing
(which excludes the use of storm cells on this rural non-constrained
site).
All straightened watercourses should be re-naturalised.

Reason: In accordance with Aberdeenshire Local Development Plan
Policy P1 and P2 and to ensure a high standard of place making.
24

No dwellinghouse hereby approved shall be occupied unless its access,
driveway, parking and turning area has been provided and fully paved 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/
carriageway shall be fully paved and shall have a maximum gradient not
exceeding 1:20. Any access or driveway 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.

 Item: 4
Page: 43

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.
25

No dwellinghouse hereby approved shall be occupied unless a
Residential Travel Pack has been submitted to and approved in writing
by the Planning Authority in consultation with Aberdeenshire Council
Roads Development Team. All new homes shall be provided with the
Travel Pack at the time of first occupation.
Reason: To promote the use of sustainable travel to all new residents.

26

Prior to completion of the internal loop road in Chapter 1A, an updated
Public Transport Strategy shall be submitted to and approved in writing
by the Planning Authority in consultation with Aberdeenshire Council
Roads Development Team. The Strategy should detail which bus
services will be diverted through the site as confirmed with a service
provider, and the location and design of internal bus halts. The Strategy
should be agreed in consultation with Aberdeenshire Council’s Public
Transport Unit and Roads Development Team and implemented prior to
any further development beyond Phase 1B.
Reason: To deliver an acceptable level of public transport provision for
future phases of development.

27

No works in connection with the development hereby approved shall
commence until full details of new northbound and southbound bus layby’s to be provided on the B977 in the vicinity of ‘The Firs’ property, with
a direct footway link built to adoptable standard connecting to the
internal Primary Road, have been submitted to and approved in writing
to by the Planning Authority. The bus halts shall be designed and
agreed in consultation with Aberdeenshire Council Public Transport Unit
and Roads Development Team and implemented prior to occupation of
the first dwellinghouse.
Reason: In order to ensure access to public transport services for
residents at an agreed maximum walking distance of 650m, as referred
to in Paragraph 4.5.5 of the Transport Assessment (Issue 4, 15/02/19).

Reason for Decision
10.1 The proposal is considered to comply in principle with the identified OP3 site
allocation identified within the Aberdeenshire Local Development Plan 2017
settlement statement for Balmedie. The proposal continues to provide
significant social and economic benefits to the locality and wider region, even
when taking account of amendments made to the previous scheme envisaged
for this site, to reflect the current local economic climate. Furthermore, the
proposal and mitigation measures set out and contained therein are

 Item: 4
Page: 44

considered to be acceptable in terms of the relevant Policies contained within
the Aberdeenshire Local Development Plan 2017.

Stephen Archer
Director of Infrastructure Services
Author of Report: Gregor Spence
Report Date: 12 September 2019

  

Item: 4
Page: 45

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APPENDIX 4

Item: 4
Page: 49

Infrastructure Services

Formartine Area Committee Report –03 September 2019
Reference No: APP/2018/1814
Planning Permission in Principle for Erection of 550 Dwellinghouses (Up to 500
Residential Units and a Minimum of 50 Leisure/Resort Units), Community Facilities (Class
10 Non-residential Institutions and Class 11 Assembly and Leisure), Development Falling
Within Class 1 (Shops), Class 2 (Financial, Professional and Other Services), Class 3
(Food and Drink), Landscaping and Supporting Infrastructure at Land at Menie Estate,
Balmedie, Aberdeenshire, AB23 8YE

Applicant:
Agent:

Trump International Golf Links Ltd
CMS Cameron McKenna

Grid Ref:
Ward No. and Name:
Application Type:
Representations:
Consultations:
Relevant Proposals Map:
Designations:
Complies with Development Plans:

E:397511 N:820443
Mid-Formartine
Planning Permission in Principle
2921
24
Aberdeenshire Local Development Plan
AHMA
No

NOT TO SCALE
Reproduced from Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown
copyright and database rights. Ordnance Survey Licence Number 0100020767.

1.

Reason for Report

 APPENDIX 4

Item: 4
Page: 50

1.1

The Formartine Area Committee was asked to give their view on this application,
prior to consideration by Full Council, at their meeting on 26th March 2019.
Following this meeting, the Agent submitted a significant amount of new
information, seeking to address the outstanding delegated matters highlighted in
the Formartine Area Committee Report and to provide further information sought
by Members of the Formartine Area Committee.

1.2

The Director of Infrastructure Services considers that the new information received
may further inform the view of the Formartine Area Committee and is asking the
Committee to further consider the application with the further information provided
and assessed since 26th March 2019 so that the Area Committee can provide a
properly informed and evidenced view for consideration at Full Council.

1.3

This report was previously considered by the Committee at their meeting on 26th
March 2019. In order to reconsider the application, following the submission of
further information provided by the applicant, the Committee requires to suspend
Standing Order 7.2 of the Standing Orders which forms part of the Scheme of
Governance which provides that no decision of a Committee can be revisited
within a period of 6 months of the original decision. In this case, the 6 month
period does not expire until 25th September 2019.

1.4

The Committee is able to consider this item in terms of Section B.8.1 of Part 2A
List of Committee Powers and Section C.2.1b of Part 2C Planning Delegations of
the Scheme of Governance as the application is for major development which in
the professional opinion of the Head of Planning and Building Standards is a
significant departure from the Development Plan and which therefore will be
determined by Full Council following consultation with the relevant Area
Committee.

1.5

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

Planning Permission in Principle is sought for the erection of 550
dwellinghouses (up to 500 residential units and a minimum of 50 leisure/resort
units), community facilities (Class 10 Non-residential Institutions and Class 11
Assembly and Leisure), development falling within Class 1 (Shops), Class 2
(Financial, Professional and Other Services), Class 3 (Food and Drink),
landscaping and supporting infrastructure on land at Menie Estate, Balmedie.

2.2

Within the Aberdeenshire Local Development Plan 2017 (LDP), the application
site is located within an allocated site, known as OP3: Menie, within the Balmedie
settlement statement. The vision statement for Balmedie states that the
settlement will play an important role in delivering strategic housing and
employment allowances. In line with the vision of Energetica, it is expected that

 APPENDIX 4

Item: 4
Page: 51

new development in Balmedie will contribute to transforming the area into a highquality lifestyle, leisure and global business location. The
OP3 site is allocated for:
•

two 18-hole golf courses (a championship links course and a second course); a
golf clubhouse, golf academy and ancillary buildings; a driving range and short
game practice area; a resort hotel (450 rooms) with conference centre and
spa; 36 ‘golf villas’; accommodation for 400 staff (all of the foregoing
comprising ‘phase 1’); 950 holiday apartments in four blocks; up to 500 houses
and community facilities.

2.3

Site OP3 is a new allocation in the 2017 LDP in recognition of the Outline Planning
Permission for a substantial mixed-use development. The Reporter recommended
a heavily amended development brief for the allocation to ensure the principles
and requirements of the conditions and Section 75 were embedded in the plan.
Aberdeenshire Council endorsed this position in April 2017 when the plan was
adopted.

2.4

The site is located within the Aberdeen Housing Market Area approximately 1.6km
north of the Balmedie settlement boundary to the east of the A90 and measures
approximately 84 hectares in area. The land has been in long term agricultural
use with woodland areas, as well as the existing hotel accommodation at
MacLeod House and Lodge. The topographical survey of the site highlights that
the site slopes generally from northwest to southeast, falling approximately 34.5m
AOD to 12.5m above ordnance datum (AOD) over the length of the estate.
Appendix 1 contains the Location Plan.

2.5

Although this is a Planning Permission in Principle (PPiP) application with 8
Chapters (phases), the developer has submitted full detailed drawings and
assessment reports for Chapters 1A and 1B to allow for a full assessment of these
elements alone. This means that the application can be considered as a “hybrid”,
with a large portion of the site subject to Planning Permission in Principle
considerations and the remainder being subject to a more in depth, detailed
assessment (similar to an application for Full Planning Permission). Any
permission granted would be reflective of the level of detail submitted in terms of
further stages, matters specified in conditions and requisite approval required.
Appendix 2 contains the PPiP Site Plan.

2.6

Chapter 1A consists of 82 dwellings with a mix of townhouses, detached cottages,
detached country houses and larger detached villas. The accommodation mix
includes 23 x 2 beds, 28 x 3 beds, 27 x 4 beds and 4 x 5 beds. It should be noted
that 5 of the 2 bed houses are to be used by the hotel as lodges. On the site plan
these properties are identified with an “L”. A breakdown of the house types is
shown in the table below. Appendix 3 contains Chapter 1A Site Plan.

 Item: 4
Page: 52

APPENDIX 4
Housetype

Size

Total (85)

The Blairton (2 bed cottage)
The Formartine (3 bed cottage)
The Ythan (3 bed townhouse)
The Gordon (4 bed cottage)
The Forvie (4 bed country house)
The Leighton (4 bed townhouse)
The Balmoral (5 bed villa)

88sqm
132sqm
124sqm
181sqm
172sqm
165sqm
401sqm

23*
8
20
7
12
8
4

*5 of the 23 x 2 bed cottages to be used by hotel as lodges.
2.7

Chapter 1B consists of 34 Hotel Suites/Bedrooms, 6 retail units, gym & fitness
centre and a town hall alongside parking and open space. The gross floorspace
proposed includes; 626.6sqm Retail, 400.2sqm Gym and 525.7sqm Town Hall.
Appendix 4 contains Chapter 1B Site Plan.

2.8

The materials palette across Chapters 1A and B comprises wet harl with a mix of
colours (country stone grey, limestone white and antique white), natural slate,
dressed natural stone, random rubble natural stone, timber cladding and blue
painted joinery. No details or materials have been submitted for
Chapters 2-8.

2.9

The site is currently accessed directly from the old A90 to the northwest of the
site and provides access to the Championship Golf Course. A new access point is
proposed to the southwest of the site and would provide direct access to the A90.
This would be the primary route into the site. The proposals would connect to the
public water supply network as well as the public drainage network. Surface water
drainage would be dealt with by various means such as permeable paving, swale,
detention basin and a filter trench.

2.10

Pre-application discussions have taken place on the current proposals, with a
major application meeting held in May 2018 where relevant consultees attended to
give advice/comments. Various Planning Processing Agreements have been sent
to the agent to highlight information requirements and key milestones, however to
date, these have not been signed nor returned.

2.11 There is extensive planning history for the Estate. The most relevant applications
include;
•

•

APP/2006/4605 – Outline Planning Permission (OPP) for a Golf Course and
Resort Development. Granted by the Scottish Ministers on 16 December
2008.
APP/2010/0423 – Approval of Matters Specified in Conditions (MSC) for
Outline Planning Permission (Ref: APP/2006/4605) Including (1) Masterplan
and (2) Championship Golf Course Detail Including Driving Range, Short
Game Area, Putting Green and Turf Nursery. Granted on 24 June 2010.

 APPENDIX 4
•

•

•

•
•

•
•

•

•

•

Item: 4
Page: 53

APP/2010/1535 – Full Planning Permission (FPP) for the Construction of
Championship Golf Course including Driving Range, Short Game Area, Putting
Green & Turf Nursery. Approved on 30 June 2010.
APP/2012/3123 – FPP for the Change of Use from Lodge to form part of the
Golf Course & Resort Development including Accommodation for Guests and
Tourists. Approved on 10 January 2013.
APP/2012/3126 – FPP for the Change of Use of Macleod House to a use that
forms part of the Golf Course Resort Development. Approved on 18 February
2013.
APP/2014/2972 – FPP for the Erection of a Clubhouse. Approved on 21
October 2014.
APP/2015/0873 FPP for the Extension to Provide Banqueting Accommodation
and 6 No. Additional Hotel Rooms with Ancillary Leisure and Operational
Facilities. Approved on 15 July 2016.
APP/2015/2823 – FPP for the Construction of 18 Hole Golf Course and
Ancillary Facilities. Currently under assessment.
APP/2017/0533 – Modification of Planning Obligation No.7 of Section 75
Agreement (APP/2006/4605 and APP/2010/0423). Currently under
assessment.
ENQ/2015/0526 – Proposal of Application Notice (POAN) for Planning
Permission in Principle for the Erection of 850 No. Residential Units, 1900 No.
Leisure Accommodation Units with Ancillary Commercial Development. A
public consultation event took place in line with Legislation on 5 May 2015.
POAN agreed on 13 April 2015.
ENQ/2018/0706 – Environmental Impact Assessment (EIA) Screening for
Residential Development. Having evaluated the potential significance of the
likely environmental effects, it was considered that the proposed development,
by virtue of its characteristics, location and characteristics of the potential
impact, was not likely to have a significant environmental effect to the extent
that expert and detailed study through EIA is needed to properly assess any
effect. It was therefore the opinion of Aberdeenshire Council as Planning
Authority that the proposed development did not constitute ‘EIA development’
under the terms of the EIA regulations. EIA Screening response sent on 15
May 2018.
ENQ/2018/0769 – Pre-Major Application Enquiry Development Comprising up
to 550 Dwellings (up to 500 Residential Units and a Minimum of 50
Leisure/Resort Units), Community Facilities, Development Falling within Class
1 (Shops), Class 2 (Financial, Professional and Other Services) and Class 3
(Food and Drink), Landscaping and Supporting Infrastructure. Major meeting
with consultees took place on 17 May 2018. A minute was taken and provided
to the agent.

Appendix 5 contains a full list of all planning applications submitted within Menie
Estate related to the resort development.

 APPENDIX 4
2.12

Item: 4
Page: 54

Information that has been submitted in support of the application includes:
•

•
•
•
•
•
•

•
•
•
•
•
•
•

•
•
•
•
•
•
•
•
•
•
•
•
•
•

Tree Survey Report + Drawings, submitted 25 July 2018, amended document
submitted 11 September 2018. Further amended Tree Survey Report for
Chapters 1A and B submitted 11 February 2019.
Non-Housing Development - New Floorspace Proposed Table, submitted 25
July 2018.
Archaeological Desk-Based Assessment submitted 25 July 2018.
Construction Environment Management Plan submitted 25 July 2018.
Construction Traffic Management Plan submitted 25 July 2018.
Design Statement submitted 25 July 2018.
Drainage Assessment, submitted 25 July 2018, amended document submitted
11 December 2018. Further amended document submitted on 25 January
2019.
Draft Heads of Terms submitted 25 July 2018.
Pre-Application Consultation (PAC) Report, submitted 25 July 2018.
Planning Statement submitted 25 July 2018.
Ecological Impact Assessment submitted 7 August 2018.
Landscape and Visual Impact Assessment submitted 7 August 2018; Figures
submitted 23 November 2018.
Flood Risk Assessment (Scoping Study), submitted 28 August 2018.
Transport Assessment, submitted 28 August 2018, amended document
submitted on 30 January 2019. Further amended Transport Assessment
submitted on 18 February 2019.
Economic Impact Assessment of Phase Two, submitted 11 September 2018.
Response to SEPA Comments, submitted 30 January 2019.
Flood Risk Assessment (Detailed Study), submitted 30 January 2019.
Bat Survey Results, Tree Survey for Roosting Bats, submitted 5 February
2019. Update on Bat Survey submitted 11 February 2019.
Supplementary Design Statement submitted 7 February 2019.
Outdoor Access Plan submitted 7 February 2019.
Landscape Phasing Plan, submitted 7 February 2019
GWDTE (Groundwater Dependant Terrestrial Ecosystem Assessment) Report,
submitted 11 February 2019.
Landscape Mitigation Plan submitted 11 February 2019.
Ancient Woodland Inventory Report submitted 18 February 2019.
Street Engineering Review and Design Quality Audit submitted 18 February
2019. Updated reports submitted 8 March 2019.
Email with approximate building out rate for the initial detailed phase,
submitted 7 March 2019.
Report to inform an Appropriate Assessment, submitted 8 March 2019.
Update from CFA on the Impacts on the listed building in light of updated
masterplan, submitted 8 March 2019.

 APPENDIX 4
2.13

Following the completion of the Formartine Area Committee Report considered at
the meeting of 26 March 2019, further information was submitted and assessed in
order to address outstanding issues identified as delegated matters:
•

•
•

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
2.14

Item: 4
Page: 55

Further amended Tree Survey Report for Chapters 1A and 1B, submitted 15
March 2019. Further amended on 20 March 2019. Further Amendment for
Chapter 1B on 7 August 2019.
Bin store information submitted 15 March 2019. Further amended 9 April 2019.
Arboriculture Impact Assessment for Chapters 1A and 1B, submitted 15 March
2019. Further amended 20 March 2019. Further Amendment for Chapter 1B on
7 August 2019.
Groundwater Dependant Terrestrial Ecosystems Report submitted 22 March
2019.
Compensatory Planting - Supplementary Note, submitted 8 April 2019.
Design Review Panel Response submitted 9 April 2019.
Chapter 1A Landscape Strategy, submitted 9 April 2019.
Chapter 1A Vehicle Movement Strategy, submitted 9 April 2019.
Chapter 1A Housing Mix Diagram, submitted 9 April 2019.
Play Area Strategy, submitted 9 April 2019.
Swept Path Analysis extract, submitted on 10 April 2019. Amended on 12 April
2019.
Updated Street Engineering Review and Quality Audit submitted on 12 April
2019.
Compensatory Planting Report submitted on 12 April 2019.
Water Features Survey – Supplementary Note, submitted on 12 April 2019.
Economic Impact Assessment of Phase 2 submitted on 12 April 2019.
Environmental Mitigation and Management Plans submitted on 12 April 2019.
Supplementary Note on North East Economy and Tourism submitted on 12
April 2019.
Updated Flood Risk Assessment submitted on 10 May 2019.
Outdoor Access Management Plan submitted 6 June 2019.

A number of amendments have been made to the original proposals. These
include the removal of the 2 x 8 suite lodge accommodation to the north of
MacLeod House and the replacement of 27 workers’ studios and office
accommodation within Fairways House/Sandend House/Linksview House with 34
Hotel Suites/Bedrooms. This has also resulted in minor external changes to the
external elevations. An amended Site Plan for Chapter 1B was initially submitted
showing indicative bin store/waste collection points. A further amendment to
Chapter 1B has been received following the 26 March Formartine Area
Committee, which includes the repositioning of the proposed Gym and Sports Hall
in response to the submitted Flood Risk Assessment for this area. The changes
made are considered to be minor in terms of the wider context of the development
and no re-advertisement or further neighbour notification procedures have been
required.

 APPENDIX 4

Item: 4
Page: 56

2.15

Further amendments have also been submitted for Chapter 1A. These include the
removal of 3 dwellinghouses in order to reduce the number of trees to be removed
from the northern part of the site. This has also resulted in minor internal road
layout changes. It is the considered opinion of the Planning Service at the time of
writing this report, based on the information that has been provided to date that no
additional renotification or publicity is required in respect of these alterations.

2.16

In line with the terms of Section B.8.1 of Part 2A List of Committee Powers and
Section C.2.1b of Part 2C Planning Delegations of Aberdeenshire Council’s
Scheme of Governance and under Section 38A of The Town and Country
Planning (Scotland) Act 1997 (as amended) and Regulation 27 of The Town and
Country Planning (Development Management Procedure) (Scotland) Regulations
2013 (as amended), a mandatory Pre-Determination Hearing was held on 12
December 2018 by a Committee of the Authority. Appendix 6 contains the note
of the Hearing. Link to Formartine Area Committee Agenda Documents for PDH
At the Hearing, a number of questions were raised by Councillors. Where
possible, information pertaining to those questions have been incorporated in this
report.

3.

Representations

3.1

A total of 2921 valid representations (2918 in objection, of which 1 letter contained
a petition with 18,722 names and 3 in support) from different households have
been received as defined in the Scheme of Governance. This does not include
multiple representations from the same household which equate to 3004 letters in
total. All valid representations can be viewed on the Aberdeenshire Council
Website. All issues raised have been considered. The letters raise the following
material issues:
Objections
•
•
•
•
•
•
•
•
•
•
•
•
•

New plans do not match the Local Development Plan.
Phasing not in line with original conditions or local Plan.
Application appears to include no social or affordable housing contrary to
policy.
Proposed homes would not attract workers and would not be suitable for young
families, elderly or disabled.
Affordable housing is needed in order to live and work in rural areas.
The local area will not see any economic benefit from the plans.
Further significant environmental damage.
Impact on ecology.
Impact on wildlife.
Impact on unspoiled open spaces.
Significant environmental damage.
Too much house building in area – over supply.
Plans fail to recognise or include additional local amenities, road upgrades and
infrastructure which are crucial to properly support an increase in the number
of residents.

 APPENDIX 4
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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Impact on area of special scientific interest.
Inappropriate location for housing scheme, far from amenities.
Little to benefit the community.
Price of some properties would not target those who need housing in Scotland.
Any economic benefit would be short term i.e. when the houses were being
constructed.
Do not need any more of this level of housing provision.
The status of SSSI should mean something to planning.
Scheme of large house types only.
Does not support housing needs.
Further devastate a once beautiful unspoiled area.
Development should comprise 25% affordable homes.
The infrastructure required may not be put into place prior to occupations of the
residences i.e. health care, education and water/sewage facilities etc.
Design of housing is out of keeping with Scottish design.
Design of housing is poor.
Damaging to Scotland’s coastline and wildlife.
Detrimental in social and cultural terms.
Only a fraction of the employment envisaged has materialised.
No visible beneficial of financial contributions into the local community.
Impact on landscape and scenery.
No viable argument in support of the generation of any economic benefit from
the new plans.
Impacts on accessing water and amenities.
Affordable housing stock like council housing stock is in deficit of provision
these days.
Set a precedent for sporadic development which is contrary to the
development plan.
Damage to environment and landscape.
Jobs have not materialised.
The economic benefit has not materialised.
Fails to comply with planning polices (sic) to protect the countryside and
biodiversity.
The environmentally sensitive area is more important that (sic) human centred
economic considerations.
‘Green infrastructure’ should be included.
Offsetting affordable housing to a site in Balmedie is contrary to the spirit of the
legislation.
Access through the proposed estate may be problematic and may contravene
the Land Reform (Scotland) Act 2003.
The development will not create the number of jobs promised.
Impact on privacy and amenity of current residents.
Impact on low lying expansive appearance of the area.
Impact on built heritage/listed building.

 APPENDIX 4
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Previous planning history.
Noise, odour and disturbance.
Traffic and parking in that safe access to the site is no (sic) adequate for the
scale of the development.
Impact on natural environment.
Design, layout and materials would clash with the vernacular architecture of
the area.
Design shows no linkage to local architectural vernacular.
Transport Assessment is inadequate in that it fails to plan for the larger resort
development or major events.
Heavy traffic on country roads.
Increase in traffic.
Traffic was never meant to go through Balmedie.
Impractical to walk to Balmedie.
Lack of safe walking and cycling routes.
Air pollution due to heavy vehicle exhausts.
Impact on local shopping, hotel and holiday businesses.
Destruction of Wildlife habitats.
Out of character in this coastal area.
Out of scale with the surroundings.
Local school at capacity.
Lack of doctor’s facilities in area.
Seeks to renew the agreed package of required infrastructure development.
Chapters lack in coherence and detail.
Should be referred to a Design Review Panel.
Damage to Ancient woodland.
Too few footpaths.
Impact of the visual landscape.
Missing internal road networks on plans to existing properties within and
around the estate.

Support
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Whilst the plans may be different from the 2008 permission, they really match
what this local area needs now.
Social or affordable housing would be better suited in another area of Balmedie
or within Newburgh coastal corridor.
Property owners would spend their money in the local economy.
Will be a great deal of economic benefit from these plans.
Uplift in economy.
Economic development and tourism will not be damaged, but a first-class
facility will bring benefits to other golf facilities along the North East coast.
No further significant environmental damage.
Need to develop tourism and visitors to spend in the area.
Will bring more jobs, employment opportunities and visitors to the area.

 APPENDIX 4
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Provision of facilities for locals to use.
Will conserve the area’s natural beauty and wildlife, if not enhancing it.
Need to consider the future economic uncertainty of the area/region as we
have relied on oil and gas.
This proposal would seek the long-term viability of the wider development.
Supportive of the local authority seeking contributions to local affordable
housing.
Incoming investment can only be good for the local community.
The proposals will enhance the existing facilities on site.
Provision of new housing for the area.
Scale and quality of the proposals appropriate for the growing leisure resort.
Good road infrastructure with the AWPR.
New road layout would not cause issues with added traffic.
The luxury hotel lodges will attract more golfers to the North East.
Tourism is a lifeline for future generations.
The location is loss making in its current form and further on-site development
is required to achieve the economies of the scale that will stabilise its financial
position.

3.2

A number of representations (both objection and support) were received after the
closing period for submitting comments. Whilst these have not been included in
the above numbers, all valid material issues have been considered and listed
above.

4.

Consultations
Internal

4.1

Business Services (Developer Obligations) has advised that a Developer
Obligations Assessment Report has been sent to the applicant. It has now
confirmed that Developer Obligation have been agreed for the following;
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4.2

Affordable Housing - Financial contribution towards the delivery of affordable
housing within the catchment area of Ellon Academy.
Primary Education - Contributions towards the provision of a new primary
school within the Balmedie area.
Community Facilities - On-site delivery of a community hall with a fall-back
position of a financial contribution towards local facilities.
Sport and Recreation - On-site delivery of sports pitch provision with a fall-back
position of a financial contribution towards local facilities.
Healthcare - Contributions towards the new health centre in Ellon.
Waste and Recycling - Contributions towards a Household Waste and
Recycling Centre in Balmedie.

Education & Children’s Services (Education) do not object to this application.
Contributions will be required towards primary school provision. Depending on
build out rate, there may be an impact on secondary school capacity. The

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Page: 60

masterplan site crosses school catchment boundaries between Foveran and
Balmedie. This will have implications for primary and secondary school provision.
The developer was asked to provide, if possible, likely built out rates for the
development. This has now been received. Should development start on site
later this year, it would be an approximate 2 year build out for the initial detailed
phase.
Education has confirmed that there should be no impact on Secondary School
Provision.
4.3

Infrastructure Services (Archaeology) has advised that the application affects
the archaeology site NJ92SE0119, an area of cropmarks likely indicating
prehistoric settlement activity and lies within the archaeology site
NJ92SE0086, the 17th – 19th Century designed landscape of Menie House.
There is the potential for previously unrecorded archaeology to survive in the
development area and as such request a condition for a programme of
archaeological works is attached to any approval.
Archaeology also advocate that the extant areas of mature trees and field
boundaries, that act as the physical remains of the Menie House designed
landscape (SMR site NJ92SE0086) are retained where possible and incorporated
into the design in order to retain the character and presence of the historic
landscape. In addition, several informatives are requested.

4.4

Infrastructure Services (Economic Development) has no specific objection to
the approval of this application. The proposal is considered to fit well with the
Regional Economic Strategy which aims to diversify the economy from being
reliant on oil and gas. The proposal will also help mitigate other weaknesses in
the regional economy, such as the lack of affordable housing. Notwithstanding
this the consultee considers the phasing of the previous planning application,
which is a material consideration, to be more acceptable in that the residential
accommodation, in that earlier application, came after the provision of the holiday
accommodation.
Following the request of the Formartine Area Committee at its meeting of 26
March 2019, for further economic justification, the Agent has submitted two
separate documents in support of the proposal. These address the current
condition of the North East economy and an assessment of the economic impact
of the second phase of development proposed.
On review of this information, Infrastructure Services (Economic Development)
has provided further comment on the information submitted. It is highlighted that
the key factor resulting in the requirement to amend the original masterplan for
development is the economic downturn in the North East economy since 2008. It
is accepted that the economic downturn has badly impacted the North East
economy and that the tourism offer at Menie has generally bucked the trend and
has been good for the area.

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It is considered that although there has been a drop off in business tourism to the
area, the outlook for recreational tourism is optimistic. The report outlines that
subsequent phases of the masterplan will be shaped by the market response to
phase 2 and that a flexible approach to the accommodation delivered will be
required. Economic Development highlight that although the submitted report
suggests that the 200 bed spaces and 50 leisure units to be provided in phase 2 of
the development represents a significant proportion of the capacity of the
previously proposed 450 bed hotel, it is not clear how much of the previously
consented masterplan will be delivered following phase 2.
4.5

Infrastructure Services (Environment – Built Heritage) had provided updated
comments following the submission of amended plans removing the proposed 2
blocks of lodges adjacent to MacLeod House.
The Chapter 1A site plan intimates that a number of the proposed residential units
to the south of the listed building would be readily visible when travelling east
along the principal driveway. This development would potentially impact on the
historic setting of the historic property and be at odds with Policy HE1 of the 2017
Aberdeenshire Local Development Plan. The Environment Team therefore
advised the applicant to either revisit the location of the properties sited on the
northern boundary of the development or to introduce strategic planting to screen
them from the driveway when traveling east towards Menie House.
Subsequently, updated proposals for enhanced planting on the south side of the
driveway have been submitted by the applicant. The proposed additional planting
is welcomed however it is still advised that additional planting along the north west
of the track would be preferential to ensure that the new dwellinghouses (primarily
units 48 to 52) will not be visible when travelling east along the principle access to
Menie House.

4.6

Infrastructure Services (Environment – Natural Heritage) has provided
updated comments following the submission of additional information.
Designated Sites
Having looked at the additional information that was submitted in the Report to
Inform Appropriate Assessment it is noted that SNH have advised that this
proposal is likely to have a significant effect on pink footed geese of the Ythan
Estuary, Sands of Forvie and Meikle Loch SPA. Consequently, Aberdeenshire
Council, as competent authority is required to carry out an appropriate
assessment in view of the site’s conservation objectives for its qualifying
interests. However, SNH have also advised that, in their view, the proposal will
not adversely affect the integrity of the site.

Habitats
A biodiversity assessment of the woodland habitats has been carried out and

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concludes that they are all of lower diversity due to extensive non-native conifer
planting, young aged broad-leaved planting and the dominance of beech and
sycamore in the older stands. The report recommends that a Woodland
Biodiversity Action Plan should be written, prior to commencing development,
which would aim to increase the net biodiversity of the woodland and offset the
adverse effects of woodland loss.
The value of the network under threat must be carefully considered before
development is permitted and mitigation measures accepted. While the woodland
areas may be considered to be of lower diversity due to past management, they
are still a habitat of value and a significant proportion of the woodland within
Chapter 1A, in particular, will be lost.
Protected Species and Biodiversity
The Bat Survey concludes that further surveys will be required in the
spring/summer. As further survey work is required, the Planning Service are not
yet in a position to be satisfied that the proposal would not have an adverse impact
on a European Species.
Further pre-construction and repeat survey during construction will be required for
Otters and Badgers. The identified commitment to the production of site
biodiversity and woodland management plans as detailed in the Mitigation and
Management Plans Supplementary Note, which will benefit the site in the long
term provided they are implemented is welcomed. However, this will not replace
the need for protected species and ecological surveys to be carried out to inform
the development of subsequent chapters included in the PPP element of this
application.
An updated Lichen survey will be required to be completed prior to any tree felling,
and to include all trees being removed for development.
Mitigation measures proposed within the Ecological Impact Assessment (EcIA)
covering species mitigation as well as more general measures to protect and
enhance biodiversity will require to be implemented.
A Woodland Biodiversity Action Plan will be required.
Trees/Woodland
If it is the Council’s view that the woodland loss is justified in terms of the public
benefits arising from the development, then the proposed compensatory planting
information recently submitted goes some way to compensate for the woodland
loss and has the potential to increase biodiversity in the long term. Should this
application be approved, conditions will be required covering;
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Provision of agreed compensatory planting scheme;
Fully detailed tree protection measures;
Details of no dig construction to be used for construction of paths with Root
Protection Areas;

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Access/Right of Way
The revised Access Plan includes more proposals for promoted paths, creating a
network of paths around and between the various phases (chapters) of the
housing development, as well as to and across the golf courses. When added to
the hierarchy of footpaths within the built environment, this provides much better
public access than originally proposed.
Rights of responsible access will, however, apply more widely than solely to the
promoted paths - contrary to the implication within s7 of the written access
plan. On that basis, while it is noted that the golf course maintenance paths will
not be identified and advertised for access rights, access rights (exercised
responsibly) still apply to these. With up to 500 houses being proposed, plus a
minimum of 50 leisure/resort units, it is anticipated that rather more use of all
tracks and paths in this area will be made than appears to be accepted by the
developer.
The development and implementation of a signage strategy has previously been
discussed and it has been agreed that this could be subject of a condition - should
this application and that for the proposed MacLeod golf course (second golf
course) be approved.
The applicant’s continued reluctance to accept wider access rights, with a reliance
on promoted paths for access provision, is disappointing. Nonetheless this
version of the access plan is a considerable improvement on the originals, both for
this application and for the second golf course. If, in practice, the exercise of
access rights is not accepted once these developments are complete, ongoing
issues are likely over public access in this area, with consequent engagement with
the Local Authority in exercising their access functions.
4.7

Infrastructure Services (Environmental Health) has no objection to the approval
of this application. A Dust Management Plan is in place as well as a written
management plan to control noise including time of operation. It is advised that
the proposed development should be conditioned to be connected to the public
water supply as indicated in the submitted application.

4.8

Infrastructure Services (Flood Risk and Coast Protection) highlights that
further to the earlier, qualitative Flood Risk Assessment (FRA) undertaken for the
wider application site, this Service is now satisfied with the revisions presented
within the more detailed quantitative (incl. modelling, etc.) FRA submitted for
Phase 1A and Phase 1B.
With regard to Phase 1A, the latest FRA report provides the additional detail
requested in the previous consultation response, and this Service has no further
comments on Phase 1A.
With regard to Phase 1B, it was previously requested that further information /
analysis was required due to the potential for out-of-channel flows affecting this
phase. Based on the revised FRA and Phase 1B site layout amendments now

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proposed, and further to dialogue with SEPA, this Service is satisfied with Phase
1B subject to appropriate conditions being attached, should the Planning Authority
be of a mind to approve this current application. The removal of the previous
objection to Phase 1B is based on appropriate Conditions being applied and
implemented.
It is highlighted that Phases 1A & 1B have been considered as seeking 'full
planning permission' under the current hybrid application, and as such these
phases have undergone a greater amount of detailed design to date - including
detailed Flood Risk Assessment.
Therefore, if the Planning Authority is of a mind to approve this current application
for planning permission in principle for Phases 2 to 8, it is requested that
appropriate Conditions, relating to flood risk, are attached to secure the relevant
detailed information required for Phases 2 to 8.
4.9

Infrastructure Services (Housing) has provided amended comments following
the amendments to Chapter 1A and supersedes previous comments received.
There is housing need in Balmedie as supported by the Aberdeenshire Council
waiting list 2019 and the Housing Need and Demand Assessment 2017.
In accordance with the Affordable Housing Policy the Housing Service are seeking
to secure a 25% affordable housing contribution in the form of a commuted
payment.
With reference to Chapter 1A & 1B the Housing Service are looking for a
commuted sum of £770,000 to be paid in instalments of £200,000 upon
completion of the 20th 40th, 60th open market units with £170,000 upon
completion of the 73rd open market unit.
The subsequent phases/chapters will also require a 25% contribution towards
affordable housing and this will be by further financial contribution of £4,200,000.
However, the consideration of onsite delivery of affordable housing units which
meets local housing need will be assessed for future phases/chapters. This 25%
contribution shall be delivered in accordance with an affordable housing scheme
which will require to be submitted to and approved by the Council prior to the
submission of any MSC or further applications for Full Planning Permission
pertaining to future phases beyond phase 1A and 1B of the development. The
Affordable Housing Scheme and S75 will provide that the Affordable obligations in
the preceding phase/ chapter will require to have been delivered before the
occupation of any of the open-market units in the subsequent phase/chapter.

4.10

Infrastructure Services (Landscape Services) has no comments regarding
this application.

4.11 Infrastructure Services (Planning Policy) has commented that whilst
Planning Permission in Principle already exists for a similar development, as a
new application, it is important that the development proposal is compared against
current planning policies whilst fully appreciating previous planning consents and

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the agreed Masterplan. It should be noted that LDP Policy P1 stresses the need
to comply with previously agreed Masterplans and it would be expected that any
application that differs from a Masterplan is supported by a full justification. It is
noted that the settlement statement specifically indicates that Phase 1 requires to
be completed before the construction of any housing, which reflects the agreed
Masterplan.
4.12 Infrastructure Services (Roads Development) has commented that the holding
objection from the Roads Development team has been removed following the
satisfactory submission of the information previously required. This service has
outlined a number of standard planning conditions required to be attached to the
granting of any consent notice and has further highlighted that matters related to
internal forward/cross corner visibility splays, details of footway provision,
emergency access, etc. will be addressed/dealt with, during the RCC stage.
4.13

Strategic Development Planning Authority (SDPA) has no comments on
this application.

4.14 Infrastructure Services (Transportation) State that in terms of transport policy,
Transportation considers that the current planning application is a departure from
the Local Development Plan (LDP) as it is promoting alternative development
proposals that would deviate away from the originally consented scheme as
specifically defined by the LDP. As a standalone application it is concluded that
the current proposal cannot be reconciled with transportation planning policy due
to its remoteness from local facilities and there is insufficient material evidence
provided in the TA that allows key aspects of sustainable transport policy to be set
aside.
The development site is unable to provide walking accessibility to local amenities,
which will remain in Balmedie in the foreseeable future until an unknown time
where other land uses become viable on the development site, and not for the
Phase 1A and B development currently subject to a detailed application. There is
no school proposed for the site, therefore trips need to be made to Foveran and
Balmedie schools with no opportunity for safe walking routes to be provided.
School transport is required for both eligible and non-eligible residences, either of
whom requires ongoing financial support from the Council. Opportunities to
improve cycling access are limited due to road safety concerns on the old A90 for
less experienced users and bus accessibility for the detailed application is limited
to stops located over 1km from the centroid of Phase 1A and 1.3km from Phase
1B, which is not a sufficient level of service.
Transportation do not see competent planning conditions that can overcome the
accessibility issues and consider the ‘economies of scale’ justification for
delivering internal accessibility to be vague with a high risk of non-delivery,
particularly without the scale of leisure development being in place as envisaged
by the LDP.
It is considered likely that the traffic impacts of the development are under-stated
due to overambitious mode share targets, particularly for the first phases of the
development where no accessibility by any mode other than the car is available.

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Whilst it may have been shown that the local road network can physically
accommodate the additional traffic flows, this does not justify the overall lack of
accessibility and high car use.
The Transportation Service therefore objects to the proposed development and
recommends refusal of the planning consent.
4.15 Infrastructure Services (Waste Management) has confirmed that further
information requested in relation to storage of wheeled recycling and waste bins at
each residential property has been submitted and is considered to be acceptable.
Further information on access for refuse vehicles including a swept path analysis
to ensure sufficient space for manoeuvring the vehicles has also been submitted
and following confirmation from Roads Development, this Service is now satisfied
with the proposals.
External
4.16

Belhelvie Community Council has objected to the approval of this
application for the following reasons:
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The proposal is non-compliant with the relevant provisions of the Local
Development Plan.
There are no material considerations of sufficient substance to justify an
exceptional approval of a non-compliant proposal as a departure from the
Local Development Plan.
This application is premature in terms of the relevant policy statement.
This application fails to comply with the approved Masterplan, thus
contravening Policy P1.
The proposal fails to include the required grade separated junction on the new
Balmedie to Tipperty dual carriageway.
The Transport Assessment provided fails to acknowledge that the old A90 road
through Balmedie was never potentially exposed to such substantially adverse
traffic impacts by the provisions of the outline planning consent or Section 75
Agreement.
The design of the individual buildings is a matter for concern and contravenes
the requirement within the Energetica Corridor of achieving the highest
standards of design.
The Community Council does acknowledge the economic circumstances have
changed over the past decade and would readily support the proposal only on
the basis that the Planning Authority ensures that any planning consent issued
is conditioned and subject to a Section 75 Agreement to secure safeguards
such as:
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the construction of the grade separated junction;
no construction traffic allowed to utilise the old A 90 which runs through Balmedie;
the applicant will prepare and submit a new and revised Masterplan for the entire
development;

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the developer to provide the primary school all as specified in the initial Section 75
Agreement entered into by the developer;
the developer makes payments towards the provision of community facilities all as
detailed in the initial Section 75 Agreement;
the developer must enter into a design review process with the Planning Authority
and Architecture and Design Scotland. The development, thereafter, shall be
carried out in accordance with the approved designs;
the developer will provide 150 affordable houses integrated within the Menie
development in consultation with the Housing Authority.

Full comments can be found within Appendix 7.
4.17

Scottish Forestry has updated their comments following the receipt of additional
information. It is highlighted that this development results in the removal of
woodland for economic development, under the Scottish Government’s Control of
Woodland Removal Policy there is a strong presumption in favour of protecting
Scotland’s woodland resources and removal should only be allowed where it
achieves significant and clearly defined additional public benefits, compensatory
planting may form part of this balance. It is the planning authority’s role to
determine whether the proposal meets this test and additional public benefit is
delivered through these proposals.
The applicant has reduced the area of woodland loss related to the Ancient
Woodland Inventory (Long Established of Plantation Origin) area. However the
development still involves some loss of this area, it is not clear what species this
involves and whether there is any associated flora and fauna which would
increase the value of this woodland to the point where Scottish Forestry would
determine there to be a strong presumption against development in this area, or
conversely, if there is a lack of biological diversity which would demonstrate that
the woodland offered lower public benefit in this regard. Without this information
Scottish Forestry would advise that the planning authority apply the precautionary
principle and assesses the application on the basis that this development does
involve the loss Ancient Woodland, that is unless the applicant can demonstrate
otherwise.
With regard to the proposed compensatory planting (CP), the applicant has
demonstrated that a greater area of woodland will be planted than lost (3.07 ha
lost and 5.6 ha as compensatory planting).
It is confirmed that the species detailed in the CP proposal are generally suitable
for the site, however the Scots pine may struggle due to the exposure and the elm
has a very uncertain future due to Dutch Elm Disease, therefore it may be worth
reconsidering the use of these two species and replacing them with something of
equal size and biological value – perhaps an increase in oak would be
appropriate.
The size of the planting areas is appropriate (minimum of 30 m depth). In addition,
the number of trees used and therefore the stocking density is appropriate (14040
trees / 5.6 ha = 2507 / ha), these should be evenly spaced across the site.
Likewise, the tree protection is appropriate (1.2 m tree shelters and stakes).

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There is no mention of the replacement of trees that die, this should be done until
the woodland areas are fully established and at the agreed stocking density.
The length of weed control is considerably shorter than would be expected to be
required to establish these trees (2 years has been specified), a term of
5 – 7 years would be more appropriate.
Should the planning authority be minded to permit this development, these
specifications should form part of the conditions.
4.18

Foveran Community Council has no objections to this application.
Full comments can be found within Appendix 8.

4.19 Historic Environment Scotland (HES) has not made any comment on this
application.
4.20 National Health Service (NHS) has advised that NHS Grampian would require
Developer Obligations to contribute towards a new Health Facility within Ellon.
Following the Pre-Determination Hearing, NHS has provided additional comments.
The Menie Estate is within the agreed boundary of the Ellon Practice. Any new
patients from the Menie Estate would therefore be expected to register in Ellon.
The prospect of having health care facilities within Balmedie has been discussed
over a number of years. Currently Balmedie is well served by existing Practice
boundaries and due to availability of workforce, demographics and affordability
there is no plan to establish a new practice at Balmedie.
4.21

Scottish Natural Heritage (SNH) has updated their response as a result of the
submission of the requested Habitats Regulations Appraisal (HRA) in relation to
the Special Protection Area for wild birds at the Ythan Estuary, Sands of Forvie
and Meikle Loch.
It is highlighted that this development is part of the Menie Golf Resort
Development which Scottish Ministers consented on 16 December 2008. An
Appropriate Assessment for that development showed that the area was
periodically important to roosting and feeding pink footed geese from the Ythan
Estuary, Sands of Forvie and Meikle Loch SPA. Mitigation was identified to ensure
there would not be an adverse effect on the integrity of the SPA. The current
application includes the area previously found to be a pink footed goose
roost/feeding area.
In the previous response to this application on 19 September 2019 it was advised
that a Habitats Regulations Appraisal (HRA) should be carried out for this
proposal. It was suggested that this could be based on updated information for the
appraisal carried out for the golf resort development in 2008. Subsequently further
advice was provided by email on 28 November 2019 on the information that
should be considered in the appraisal.

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There are natural heritage interests of international importance at the nearby
Ythan Estuary, Sand of Forvie and Meikle Loch Special Protection Area, Ramsar
site and Special Area of Conservation (Appendix 9 shows locations of both
Ramsar Site and Special Protection Area) . It is the view of SNH, that these will
not be adversely affected by the current proposal.
In accordance with their Service Statement for planning, SNH do not propose to
comment on other aspects of this application.
4.22 Scottish Water has no objection to this application. There is sufficient capacity
within their water treatment works to service this proposed development.
However, in order to accommodate the additional demands of this development,
upgrades will be required within the existing network.
The development is remote from existing Scottish Water drainage infrastructure.
However, should a connection be required to the Balmedie treatment works
catchment, upgrade works within the network and at the treatment works will be
required to accommodate the whole development.
For reasons of sustainability and to protect customers from potential future sewer
flooding, Scottish Water will not normally accept any surface water connections
into their combined sewer system.
4.23 Scottish Environment Protection Agency (SEPA) has submitted an amended
response following the receipt of further information.
SEPA have no objection to the proposed development on the grounds of
protection of private water supplies as there are no PWS or groundwater
abstractions within 250m buffer zone of the development.
With regard to use of carbon neutral technologies, SEPA has agreed that this can
be dealt with by a planning condition and have provided wording for a condition.
Following an assessment of the updated Flood Risk Assessment (FRA), SEPA
have removed their objection to this proposed development (referring mainly to
Chapters 1a and 1b ) on flood risk grounds provided that a number of relevant
planning conditions related to the wider PPiP site and recommendations outlined
in the FRA are carried out.
SEPA have reviewed the updated Drainage Impact Assessment (DIA) and
reiterate previous comments. The SUDS calculations seem to have been done
adequately, and the proposals should provide adequate protection assuming the
permeable paving within the curtilage of the housing is retained by the
homeowner, and that other parts of the treatment trains are adequately
maintained. However, clarity is sought on why storm cells are being used on the
site given the apparent lack of spatial constraint and the opportunity to provide
more ecologically enhancing SUDS features.

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With regards to foul drainage, SEPA welcomes the proposal to have the foul water
disposed of via mains sewer via a pumping station a short distance to the north of
the Coastguard Cottages.
Following a review of the ‘Engineering Activities in the water environment’, SEPA
has noted that the site survey of existing water features has not been carried out
as required. As such, they have advised that a planning condition will be required
to ensure that any planning permission granted for this development ensures the
use of single span bridges for all crossings. In addition to this, a planning condition
has also been requested to ensure adequate environmental enhancements in the
form of biodiversity and ecology enhancing SUDS features and the renaturalisation of straightened watercourse.
4.24

Transport Scotland has advised that conditions be attached to any approval.
These relate to the number of residential units and timing of construction work.
Appendix 10 contains a table listing all Consultees and recommendations.

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.
The Government Economic Strategy indicates that sustainable economic growth is
the key to unlocking Scotland’s potential and outlines the multiple benefits of
delivering the Government’s purpose, including creating a supportive business
environment, achieving a low carbon economy,
tackling health and social problems, maintaining a high-quality environment and
passing on a sustainable legacy for future generations.
In relation to Promoting Rural Development, SPP states that in the areas of
intermediate accessibility and pressure for development, plans should be

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tailored to local circumstances, seeking to provide a sustainable network of
settlements and a range of policies that provide for additional housing
requirements, economic development, and the varying proposals that may come
forward, while taking account of the overarching objectives and
other elements of the plan.
With regard to Supporting Business and Employment, SPP highlights that NPF3
supports the many and varied opportunities for planning to support business and
employment. Planning should address the development requirements of
businesses and enable key opportunities for investment to be realised. It can
support sustainable economic growth by providing a positive policy context for
development that delivers economic benefits.
Also, that the planning system should:
•

•

•

promote business and industrial development that increases economic activity
while safeguarding and enhancing the natural and built environments as
national assets;
allocate sites that meet the diverse needs of the different sectors and sizes of
business which are important to the plan area in a way which is flexible enough
to accommodate changing circumstances and allow the realisation of new
opportunities; and
give due weight to net economic benefit of proposed development

For Enabling Delivery of New Homes, SPP alongside NPF3 highlights that house
building makes an important contribution to the economy and that the Planning
System should enable provision of a range of attractive, well-designed, energy
efficient, good quality housing, contributing to the creation of successful and
sustainable places; and have a sharp focus on the delivery of allocated sites
embedded in action programmes, informed by strong engagement with
stakeholders.
5.2

Aberdeen City and Shire Strategic Development Plan 2014
From the 29 March 2019, the Strategic Development Plan 2014 will be 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.
The Strategic Development Plan 2014 identified four strategic growth areas which
will be the main focus for development in the area up to 2035. All four strategic
growth areas should focus on creating sustainable mixed communities with the
services, facilities and infrastructure necessary for the 21st century.

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The application site lies within the Aberdeen to Peterhead Strategic Growth Area.
The Plan highlights that realising the economic potential of the Menie Estate Golf
Resort will be important as well as delivering vital infrastructure projects in the first
Plan period to encourage growth. These include building the Aberdeen Western
Peripheral Route, making the A90 between Balmedie and Tipperty a dual
carriageway, improving the Haudagain Roundabout and delivering a new bridge
over the River Don. Until this infrastructure is in place, development in the
southern part of the corridor will be limited (Apart from the Haudagain
Roundabout, these infrastructure project have now been completed). The focus in
the whole area needs to be on developing and diversifying the economy with a
strong focus on the quality of development. It will also be necessary to make sure
that new or extended secondary schools and associated primary schools are
provided in this area.
5.3

Aberdeenshire Local Development Plan 2017
Policy B1 Employment and business land
Policy B3 Tourist facilities
Policy B4 Special development areas
Policy R1 Special rural areas
Policy H1 Housing land
Policy H2 Affordable housing
Policy P1 Layout, siting and design
Policy P2 Open space and access in new development
Policy P6 Community infrastructure
Policy E1 Natural heritage
Policy E2 Landscape
Policy HE1 Protecting historic buildings, sites and monuments
Policy PR1 Protecting important resources
Policy C1 Using resources in buildings
Policy C4 Flooding
Policy RD1 Providing suitable services
Policy RD2 Developers’ obligations
Balmedie Settlement Statement (Appendix 11)
Site Allocation OP3: Menie

5.4

Other Material Considerations
•
•
•
•
•
•
•
•
•

6.

Planning and Open Space Planning Advice Note (PAN 65), June 2008
Aberdeenshire Parks and Open Spaces Strategy, December 2010
Scottish Government’s Policy on the Control of Woodland Removal
National Planning Framework for Scotland 3 (NPF3), 2014
Historic Environment Policy Statement, 2016
Managing Change in the Historic Environment; Setting, 2016
The Planning (Listed Buildings and Conservation Areas (Scotland) Act 1997
The planning history and the extant planning permission APP/2006/4605
Energetica Placemaking Planning Advice

Discussion

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6.1

As part of the Outline Planning Permission (OPP) (Reference: APP/2006/4605) for
a golf course and resort development, 500 private residential houses were
proposed. Aberdeenshire Council resolved to refuse the application, however
before the refusal notice was issued the application was called in by the Scottish
Government. The OPP was granted subject to conditions and a Section 75 Legal
Agreement following a Public Local Inquiry. The housing was granted in order to
assist in funding the development of the golf resort which was seen as a way to
develop and diversify the economy of the north-east by promoting the tourism
sector.

6.2

The housing has, as a consequence of this decision, been allocated in the Local
Development Plan. The Reporter in his findings on the Examination in Public of
the 2017 Local Development Plan reiterated that the housing related to the
economic benefits of the development and was specific in stating that all of Phase
1 of the overall development must be completed before the housing is brought
forward. The Council could maintain this position and use the lack of sufficient
development of Phase 1 of the overall development, in particular the lack of a
large hotel, as the primary reason to refuse this application.

6.3

If the housing had not been part of the overall outline planning permission it is
unlikely that it would have been allocated in the Local Development Plan as other
sites would probably have been preferred by reason of being in more sustainable
locations.

6.4

It would be equally valid for the Council to accept that the significant changes to
the economy in the last 10 years should lead to reassessing whether it is still
reasonable to insist that all of Phase 1 be developed prior to any housing. The
drop-in oil price and the impact on the north east economy and markets in 2014 is
of relevance.

6.5

At the time of the original OPP application there was a demonstrable lack of hotel
beds in the area. This is no longer the case. The applicant has provided on site a
small country hotel and lodge but seeks to provide alternative accommodation in
the form of luxury cottages and lodges to deliver the economic benefits originally
envisaged. This application would provide 5 lodges and an additional 34 hotel
room accommodation which would continue the process of providing tourist
accommodation on site.

6.6

The applicant also now wishes to provide many of the facilities normally
associated with a large hotel as part of Chapter 1B of this application. These
facilities would work together with the small hotel facility at MacLeod House to
provide some of what was envisaged in the original OPP.

6.7

The Planning Service has accepted the case put forward by the applicant in this
regard and are supportive of the revised phasing. It was however apparent that
when this proposal was previously considered by the Formartine Area Committee
on 26 March 2019, a number of matters were identified which required to be
resolved, prior to determination, to fully ensure that the proposal, where possible,
met the relevant policies of the Aberdeenshire Local Development Plan 2017. As

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outlined in section 2.13 of this report, it is clear that the applicant has since
submitted a notable volume of further information in an attempt to address as
many of the outstanding matters previously identified as possible. In addition, at
the meeting of 26 March 2019 Formartine Area Committee, Members requested
that further detailed information be provided for consideration at Full Council in
relation to a number of matters. Further information has also been submitted
specifically in response to the matters raised.
6.8

The remainder of this discussion section deals with all other planning issues
relevant to the determination of the application. The key considerations are
categorised and outlined in the following sections.
Principle of Development

6.9

The site is allocated in the current Aberdeenshire Local Development Plan
2017 in the Balmedie settlement statement as OP3, which sets out the allocation
of the site in full. The allocation includes up to 500 houses, community facilities,
holiday apartments as well as golf villas and a resort hotel.

6.10

The supporting text to the allocation states that as the original Outline Planning
Permission (OPP) was granted for exceptional reasons based on the predicted
social and economic benefits of the then proposed development. The allocation
does not support alternative development proposals that would deviate away from
the consented scheme including the conditions and Section 75 Agreement that
forms part of the outline consent. The text continues to explain that Phase 1 must
be complete before the construction of any private housing will be permitted and
that Phase 2 should alternate resort development with residential development to
deliver the first tranche of homes only after the first block of holiday apartments
are completed.

6.11

As noted in Section 2, there is an extensive planning history on this site.
The active OPP (under reference APP/2006/4605) for the development was
granted on 16 December 2008. Link to Outline Planning Permission APP/2006/4605
documents . Appendix 12 contains a list of the OPP conditions and which of these
have been discharged. A Masterplan has also been approved for the resort
(under reference APP/2010/0423) which was a requirement through Condition 3 of
the OPP.

6.12

For reference, Phase 1 of the OPP (which is specified in the conditions) comprises
the championship golf course, maintenance building, clubhouse, starters’ hut,
caddy shack, practice facilities, driving range, hotel, 36 ‘golf villas’ and staff
accommodation. Phase 2 of the development comprises the first block of holiday
apartments to be completed prior to work commencing on the construction of any
of the private houses and then broken down thereafter into blocks of holiday
apartments and private houses (a total of 950 holiday apartments in four blocks
and up to 500 houses).

6.13 The developer has explained in the Planning Statement the reasoning for this
early draw forward of the housing. This has been due to the original phasing
being no longer economically viable. This will be discussed in more detail below.

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6.14 This application for 550 dwellinghouses (up to 500 residential units and a minimum
of 50 leisure/resort units) as well as community facilities and food and drink uses
are all elements which would have been contained within the OPP. The
amendments to the proposal to remove the 2 blocks of 8-bedroom lodge
accommodation has benefits in terms of protecting the setting of the listed building
and the reduction in tree removal, both of which will be discussed further under
other headings. Whilst this would be a loss to the hotel accommodation, it has
been offset by other proposed amendments to replace the workers studios and
office space with 34 hotel suites/bedrooms. When including the 5 x 4-bedroom
lodge properties, there would be a total of 54 resort rooms which would fall within
the requirements of Phase 1 of the OPP.
6.15

Whilst this number falls far short of the 450 bedrooms proposed for the hotel and
36 ‘golf villas’, it is considered for the detailed elements of the proposal and in the
current economic climate (discussed in more detail below), to be a welcomed
element of the development. There is scope within future Chapters to incorporate
additional resort accommodation to further fulfil the allocation. Should this
application be approved, future chapters would be assessed under any
subsequent Matters Specified in Conditions or Full Planning Permission
applications.

6.16 In terms of the OPP and the settlement statement allocation, the proposal fails to
comply with the original phasing in the OP3 allocation; in that phase 1 of the OPP
has not been fully implemented. However, to date, several developments have
been completed, such as the championship golf course and golf related facilities,
the clubhouse and maintenance building. Macleod House and Lodge has also
been converted into a small country hotel providing a total of 21 bedrooms. In
addition, as noted above in paragraph 2.11 the Planning Service is currently
assessing an application for a second golf course within the Estate which is near
completion and will be reported to the Formartine Area Committee in due course.
Appendix 13 contains a Table showing all development granted, delivered and
pending delivery.
6.17

With regard to the settlement statement text, under Services and Infrastructure, it
states that all development must contribute to a new health care centre at
Balmedie, located on the R2 site. Considering advice given by NHS and
Developer Contributions, the application would depart from the Development Plan
due to contributions being sought towards a new Health Facility within Ellon. The
Planning Service are content that this is an acceptable departure given the NHS
have stated that due to availability of workforce, demographics and affordability
there is no plan to establish a new practice at Balmedie and any new patients from
the Menie Estate would be expected to register in Ellon. This effectively is in line
with the current NHS programme which has altered since the adoption of the
current Local Development Plan.

6.18

Policy R1 Special rural areas restrict housing and employment development
opportunities in the greenbelt and coastal zone to reflect the special nature of
these areas. Whilst the policy does not specify there is an exception for allocated
sites, the Settlement Statement clearly has Menie as an allocated site for

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development. As such, the Planning Service are content that the principle of the
development is an acceptable departure from this policy.
6.19

Policy B3 Tourist facilities supports development of new tourist facilities or
accommodation that are well related to settlements and deliver net economic and
social benefits. The Local Development Plan allocation and Outline Planning
Permission already establish the requirement for tourist facilities on this site.
Whilst as noted above the provision of 54 resort rooms does not fulfil the
allocation, it is a step towards it, as with the inclusion of other facilities such as the
gym, shops and potential for food and drink uses to provide additional economic
and social benefits to the area. As such, the Planning Service is satisfied that the
proposals comply with this policy.

6.20

The proposal includes the provision of a town hall and gym which would be
located in an accessible location within the site, not only for future residents but for
existing residents outwith the site. As such, the Planning Service is content that
the application complies with Policy P6 Community infrastructure.

6.21

It is recognised that the current application is a significant departure from the
allocation in terms of the original phasing and Section 75 but meets the
requirements of other key policies. In order to fully assess the acceptability of the
principle of development, other matters must also be assessed, mainly the
economic implications and housing land.
Economic Benefits

6.22

The EKOS Limited Economic Impact Review which was part of the original 2006
Outline Planning Permission documents estimated that the resort development
could generate approximately 950 local jobs and 900 national jobs as net
additional development related employment, 1,900 local jobs and 4,050 national
jobs as net additional construction industry employment and a net additional
development related Gross Value Added (GVA) of £43.5 million at the local level
and £42.4 million at a national level.

6.23

The new Economic Impact Assessment of Phase Two report estimates that Phase
two (the current application) could generate a net long-term economic annual
impact of approximately 244 local jobs and 268 national jobs and a gross impact
of development construction related employment of approximately 1,980 local jobs
and 2,120 national jobs. In summary the net economic impacts for Phase 2
related GVA would be £12.4 million at the local level and £14.2 million at a
national level.

6.24 The Council’s Business Development Executive has commented that the proposal
fits well with the Regional Economic Strategy and proposals like this would help
diversify the economy as well as help to mitigate other weaknesses in the regional
economy such as the lack of affordable housing. The direct and indirect job
opportunities would generate an increase in economic growth for the local
economy. Whilst completion of the development would normally be welcomed, the
changes to the phasing of the development makes it less attractive economically

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by providing more residential housing before tourism infrastructure. However, this
application must be treated on its own merits.
6.25

The developer has provided an Economic Impact Assessment of Phase
2. The applicant has outlined that the proposed development would generate a
number of construction jobs and wider benefits from construction as well as longer
terms jobs. The Report also outlines the challenging environment for investment
as a result of the 2008 recession and oil price collapse in 2014 and as such the
market prospects today are very different compared to a decade ago. This is not
necessarily unique to this development.

6.26

Both Scottish Planning Policy (SPP), the National Planning Framework 3 (NPF3)
alongside the Aberdeen City and Shire Strategic Development Plan offers support
for business and sustainable economic growth but also highlights that there should
be the ability to be flexible to accommodate changing circumstances. The
Settlement Statement allocation does not allow any flexibility in this regard. SPP
alongside NPF3 also highlights that house building makes an important
contribution to the economy which is clear from the findings of the submitted
information. The Economic Impact Assessment outlines the benefits of the
residential development to the local economy as well as the tourist
accommodation impact and other facilities that would be provided on site.

6.27

Following consideration of the national and regional policy documents, alongside
the applicant’s Economic Impact Assessment and comments from Economic
Development, the Planning Service considers flexibility to be key to ensuring the
deliverability of the full resort development over time. It is acknowledged that the
original phasing would have been the desired long-term plan for the resort but
given the change in circumstances with regard to the downturn in the economic
climate, as well as the hotel industry, the proposed development seeks to provide
a net economic benefit to the area. This being in terms of the deliverability of
affordable houses in the Ellon Academy Catchment Area, and the provision of
construction, commercial, leisure and tourism job opportunities.
Housing Land and Affordable Housing

6.28

The Local Development Plan allocates housing sites in line with Aberdeen City
and Shire Strategic Development Plan. As mentioned in Section 2, the allocation
OP3 includes a housing allocation for 500 homes. Given the proposed
development does not exceed these numbers setting aside the phasing
conditions, Policy H1 Housing land would therefore support the principle of the
development. For noting, the OP3 allocation is currently classed as constrained
within the Housing Land Audit for Infrastructure reasons and as such does not
count towards the five-year effective land supply. However, this was mainly based
on the Aberdeen Western Peripheral Route (AWPR) and the dualling from
Balmedie to Tipperty which have both now been completed.

6.29

In accordance with Policy H2 Affordable Housing, Infrastructure Services
(Housing) are seeking to secure a 25% affordable housing contribution in the form
of a commuted payment in order to address the local housing need in

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the Ellon Academy catchment area. For Chapters 1A and B the Housing Service
are seeking a commuted sum to be paid in instalments upon the completion of the
20th, 40th, 60th and 73rd open market unit. Future Chapters will also require a 25%
contribution and would be by further contributions. However, there is scope for the
consideration of on-site delivery of affordable housing units which meets local
housing need. This would require to be assessed prior to any future applications.
This has been agreed in principle with the developer and given that the Heads of
Terms for a Section 75 have now also been agreed for all other contributions
sought, the proposal is considered to comply with Policy H2 Affordable Housing.
Developer Obligations
6.30

A package of Planning Obligations for the development has been issued to
the applicant and the Heads of Terms have now been agreed. Aberdeenshire
Council is seeking contributions towards Affordable Housing, Primary Education,
Community Halls, Sports and Recreation, Healthcare and Waste and Recycling.
Following the comments from Education, the Planning Service requested build out
rates for Chapter 1A to establish whether there is any impact on secondary school
capacity. This has now been received and Education has confirmed that there
should be no impacts on secondary school capacities. As such, the proposal
complies with Policy RD2 Developers’ obligations.
Layout, Siting and Design

6.31

The Design Statement explains the vision of the proposed development which
aims to create a network of mixed-use neighbourhoods with vernacular
inspired housing typologies, intimate streets and breath-taking scenery with
mature planting, shared greens and a park. The development has been
inspired by the architecture found throughout Aberdeen and the wider north
east of Scotland such as Braemar, Ballater and Monymusk, utilising local
materials such as granite, timber, stone and slate with traditional architectural
detailing.

6.32

In line with the requirements of the Settlement Statement allocation, a design
review process has taken place through the Aberdeenshire Design Review Panel.
Appendix 14 contains the note and the key matters highlighted by the Panel for
the applicant’s consideration.

6.33

The Panel raised numerous points regarding the key characteristics and,
treatment (removal, retention and protection) of tree belts as well as the loss of
trees and where possible the retention of high-quality specimens. The Panel
specifically noted the significance of the trees to the setting of MacLeod House. In
addition, that there appeared to be a lack of information surrounding mitigation
and compensatory planting as well as providing a landscaping strategy. The
Panel also commented on the built development in terms of boundary treatments,
opportunities for play areas, use of back lanes, hard edges to the development
and lack of housing mix as well as connectivity of the site and lack of a focal point
within the housing area.

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6.34

In addition to the polices of the LDP the Aberdeenshire Council Design Review
Panel aims to further raise the quality of the built environment in the
Aberdeenshire area by providing well-reasoned, constructive design advice that
can be used by design teams, architects, planners and/or developers either in the
run-up to submission of a planning application (pre app stage) or as in this case
part of a valid planning application as a way of progressing forward to
determination. The role of the Design Review Panel is to assist those responsible
for the development of the built environment by offering independent yet informed
advice on the design quality of proposals.

6.35

Whilst the Design Review process was carried out at a later stage in the
determination process, there is no doubt that the process was worthwhile. The
applicant has outlined the consideration given to the comments received through
the Design Review process and as the current detailed proposals are considered
to be early phases in the overall aspiration of the developer at this location,
comments will hopefully influence any future development proposal related to the
current scheme.

6.36

In terms of general layout, siting and design, as part of this hybrid style
application, detailed designs and layout have been provided for Chapters 1A
and B. The remaining Chapters of the proposal are only indicative at this
stage, however, Members will need to consider whether the layout would
respect the setting of MacLeod house, Menie Estate and the wider landscape
character, as well as forming a suitable access to serve the development.

6.37

A central primary road runs roughly through the middle of the housing site and
Chapters are branched off from here. There are large pockets of open space
around the Chapters as well as formal landscaping areas within the detailed
drawings. Looking at Chapter 1A, the primary and secondary roads as well
as the landscaping areas are overlooked, with the rear internal lanes
accessing the driveways and parking areas to focus on pedestrian access
around the site with multiple walking routes through the built and woodland
areas.

6.38

The house designs, along with the lodge accommodation and buildings within
the mixed-use centre, all follow a similar traditional design which takes
architectural elements from other Aberdeenshire towns and MacLeod House
on site. The Planning Service had requested some minor changes to the design
of buildings, however the applicant following consideration of the request indicated
that they wished to retain the original designs. The materials proposed across
Chapters 1A and B are also consistent. The housing mix is varied in terms of size,
but with limited choice other than detached properties. There is only one other
style which is the semi-detached 3 bed townhouse.

6.39

As the remainder of the site is only Planning Permission in Principle, the layout of
the site plan for Chapters 2 - 8 are only indicative and as such cannot be
assessed at this stage. There are however opportunities in future phases to
provide a greater variety of housing mix to cater to a wider audience.

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6.40

In terms of the six qualities of successful places, the Planning Service finds that
the proposal through the well thought out layout of the site and design of the
buildings would create a distinctive development with a sense of local identity. It
would suggest it to be safe and pleasant, encouraging activity and privacy and
welcoming through visual appeal with ranging vistas and mature landscaping.
There is also scope for adaptability for future needs. Energy efficiency as
discussed below can be conditioned.

6.41

The applicant has provided and updated Access Plan which addresses wider
access connectivity within the proposed site and wider area. The revised Access
Plan includes more proposals for promoted paths, creating a network of paths
around and between the various phases (chapters) of the housing development,
as well as to and across the golf courses. When added to the hierarchy of
footpaths within the built environment, this provides a much enhanced strategy for
public access than originally proposed. The development and implementation of a
signage strategy has previously been discussed and it has been agreed that this
can be addressed by way of a condition should this application and that for the
proposed second golf course be approved. As such, the application is now
considered to comply with all of the criteria of Policy P1, Layout, siting and design.

6.42

The overall development site would provide the required 40% of open space in
line with policy, and overall the proposal would provide a safe, welcoming and
well-connected development as well as including opportunities for useable green
networks. The formal landscaped areas within Chapters 1A and B would provide a
positive contribution to the development and there are opportunities within this
countryside development to provide high quality open space to residents.

6.43

Given the application site provides the required 40% open space, and there is
potential in future phases to provide high quality open space in the form of sports
pitches, play areas etc., the application would in principle comply with Policy P2
Open space and access in new development.
Access and Servicing

6.44

A Transport Assessment (TA) as well as a Construction Traffic Management
Plan (CTMP) has been submitted as supporting information. The TA
highlights that the estate already benefits from Outline Planning Permission
(OPP) granted in 2008 for a Golf Resort.

6.45

The summary and conclusions of the consultant’s initial Transport Assessment
(TA) identified that the level of private residential development proposed through
this Planning Permission in Principle (PPiP) application is essentially the same as
the original Outline Planning Permission (OPP). The development is well placed
adjacent to the A90 and is within easy walking distance of Balmedie and the
amenities offered within the village. A new roundabout junction is proposed with
the A90 with a new 6m wide primary road routing through the development. A
network of dual-use walking/cycling paths are also to be provided and bus
services can be diverted into and through the site.

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6.46

The amended TA provides updates to Modal Split, Public Transport Strategy,
Traffic Impact Assessment and details of Safe Routes to School.

6.47

Transport Scotland has no objections to the proposals and has not requested a
grade separated junction at this time. However, both Infrastructure Services
(Transportation and Roads Development) continue to have concerns regarding
phasing and remoteness of the site. Previously outstanding matters in relation to
the Street Engineering Review and a Quality Audit have now been addressed and
in conjunction with this, Waste Management has removed a holding objection in
relation to recycling and waste bin storage and swept path analysis for refuse
vehicles as a result of further information submitted.

6.48

It should be noted that the internal layout of the remainder of the chapters
cannot be assessed at this stage given the indicative layout. The key issue is
the principle access arrangements which need to be agreed at this stage. It is
general practice that other detailed elements could be agreed by way of
condition. The Planning Service had previously requested a plan showing all
existing and proposed internal access roads to ensure existing properties would
not be affected by the development. This information has now been submitted
and provides clarity and reassurance over the retention and connectivity of
existing access roads. Whilst the phasing of the development differs from the
extant permission and the LDP allocation, the number of residential units has not
been exceeded and the site has always been remote from local facilities and was
approved in this knowledge and accepted through the LDP examination.

6.49

The developers updated Street Engineering Review and Quality Audit has allowed
Roads Development to agree the details of the local road network and it has been
confirmed that the proposal would be in accordance with the principles of
Designing Streets. The Planning Service acknowledges the comments from
Transportation looking at the strategic transportation issues and appreciates that
national and local policy documents pertaining to new development should have
good connectivity, sustainable travel options and try and reduce the need to travel.
It is accepted however that both the OPP and the allocation of the site within the
Local Development Plan is a strong material consideration that must be given
adequate weight by the Planning Service when considering all factors related to
the proposal. The site has always been remote from the wider community, but the
economic benefits outweighed the environmental impact when the Scottish
Ministers granted OPP.

6.50

All previously outstanding technical information has now been submitted and is
considered to be acceptable. When taking into account all the relevant material
factors, the Planning Service would consider the proposal an acceptable departure
from Policy RD1 Providing suitable services and Policy P1 Layout, siting and
design.
Drainage and Flood Risk

6.51

The submitted and updated Drainage Assessment highlights that there is an
existing Scottish Water rising main which runs through the site and continues to
the treatment works at Balmedie. The development would have a separate foul

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drainage system which would connect into a new adoptable pumping station.
SEPA have noted that the pumping station is located a short distance to the north
of the Coastguard Cottages. As mentioned in section 2, surface water would be
dealt with by permeable paving for each property, with a swale and detention
basin for the roads in Chapter 1A and a swale and filter trench for the lodges and
roads in Chapter 1B with permeable paving for the properties and roads in
Chapter 1B.
6.52

Scottish Water have no objection to the proposals but have highlighted that
upgrades will be required within the existing water network and for the
drainage network and at the treatment works. Following the submission of updated
information, SEPA have withdrawn their objection on surface water and foul/waste
water drainage and requested a condition be attached if the application is
approved to ensure the connection of the development to the public sewer. Flood
Risk and Coast Protection have also advised that what has been provided at this
stage is acceptable but detailed designs would require to be submitted. This could
be dealt with by an appropriate condition. The proposal is now considered to meet
the requirements of Policy RD1 Providing suitable services for water and waste
water.

6.53

At present SEPA still maintain an objection in relation to engineering activities in
the water environment. The applicant has been advised of the details required to
address this issue and it has been clarified by SEPA that the matter can be
adequately addressed through relevant planning conditions. It is therefore
considered that the proposal is capable of meeting the requirements of Policy PR1
Protecting important resources.

6.54

Turning to flood risk, the applicant initially submitted two Flood Risk Assessments
(FRA) which were Scoping studies that provided a qualitative assessment of flood
risk to the proposed development site. One was for the whole Planning
Permission in Principle (PPiP) site, and the other for Chapters 1A and B. A new
Flood Risk Assessment has now been received which is a detailed study that
provides quantitative analysis at the request of the Flood Risk and Coast
Protection team. The findings of the new FRA conclude that Chapter 1A is not
expected to be at risk of overland flooding and Chapter 1B is potentially at risk,
with historic cases of overland flow though the development site. Subsequently,
further amendments to the layout of Chapter 1B, in the form of the repositioning of
the Gym/Sports Hall building have been required to mitigate the identified risk. As
a result, SEPA have now confirmed that in relation to the detailed elements of the
proposal (Chapter 1A and Chapter 1B) that no further information is required in
relation to flood risk and the previous objection in relation to this matter has been
removed. It is clarified that an updated, and site specific FRA is required for either
the wider PPIP site, or any detailed individual chapters/phases and this, along with
the identified measures outlined in the FRA require to be conditioned as part of
any consent.

6.55

Flood Risk and Coast Protection on receipt of the previously requested further
information have also confirmed their satisfaction with the proposed details. This
Service is satisfied with Chapter 1A and 1B subject to appropriate conditions being
attached, should the Planning Authority be of a mind to approve this current

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application. It is therefore apparent that in the interim period between the previous
Formartine Area Committee on the 26 March 2019 and the current report, the
applicant has adequately addressed the outstanding matters related to flood risk
and the proposal is now considered to meet the requirements of Policy C4
Flooding.
Landscape and Visual Impact
6.56

This proposed site lies to the north of Balmedie; between the A90 trunk road
and the North Sea coastline. It is an allocated site but also within the Coastal
Zone. The site lies within the Landscape Character Assessment areas known
as the Agricultural Heartlands and Coastal Strip. It is also identified in a
Special Landscape Area known as the North East Aberdeenshire Coast.

6.57

Policy E2 Landscape identifies the nature of the landscape and seeks to
protect the key natural landscape elements from unacceptable effects of
developments. The Coastal Strip character area is of increased landscape
sensitivity due to the open landform and relationship to the coast itself. The
Agricultural Heartlands character area is less sensitive with a gently
undulating lowland plateau, scattered woodland and expansive views across
the landscape.

6.58

The applicant has provided a Landscape and Visual Impact Assessment
which sets out likely impacts from the development and summarises that the
effects of the proposals result from the introduction of significant development
to a rural/ coastal landscape. While locally significant they are not
disproportionate to the scale of the proposals and are largely capable of
successful mitigation through design and the growth of landscape structure
planting.

6.59

The Planning Service does not consider that the proposed development, both the
housing and the other uses proposed, would have an undue visual impact on the
wider landscape character areas and the special landscape area. Furthermore,
previous concerns held in relation to the loss of a significant number of trees within
the site, as outlined within the Tree Survey, and the potential impact this could
have on the important natural landscape within Menie Estate have now been
addressed through the provision of a suitable compensatory tree planting scheme.
The provision of compensatory planting to mitigate against the loss of trees is
addressed in paragraph 11.1. As such, the proposal is now considered to comply
with Policy E2 Landscaping.

Natural Heritage
6.60

A Tree Survey Report and Schedule has been submitted as well as an
Ecological Impact Assessment. SNH had initially advised that a Habitats
Regulations Appraisal (“HRA”) was required in relation to the Special Protection
Area of wild birds at the Ythan Estuary, Sands of Forvie and Meikle Loch, which
has subsequently been carried out following the submission of a report submitted
which informed the HRA. Following the Formartine Area Committee Meeting of 26

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March 2019, it has been confirmed by Scottish SNH, that adequate information
has been submitted to allow Aberdeenshire Council to update the 2008
Appropriate Assessment related to the impacts on the Ythan Estuary, Sands of
Forvie and Meikle Loch Special Protection Area (SPA) which is designated for its
important bird populations. It is the opinion of SNH that the proposal will not
adversely affect the integrity of the site in this regard. As such an Appropriate
Assessment was carried out by the Planning Service in line with the Conservation
(Natural Habitats etc.) Regulations 1994. This concluded that due to the nature,
location and scale of the proposed works, and compliance with a construction
method statement to be agreed, it is not considered that there would be any
significant adverse impact on any qualifying interests.
6.61

The Ecological Impact Assessment originally submitted with this application noted
that up to 23.6% of this woodland would be lost for the development. The Ancient
Woodland Inventory Report calculates that, of the 2.7ha of woodland mapped in
the SNH Ancient Woodland Inventory (AWI), 2.04ha is within the application site
boundary. 1.07ha (39.6%) of the AWI woodland has already been lost due to past
land use practices and it is predicted that, of the remaining 0.97ha within the
application boundary, 0.6ha (22.2%) would potentially be impacted by the
development. As a result 38% of the original woodland on the AWI would remain.

6.62

The Ancient Woodland Inventory Report concludes that the footprint of the
woodland included in the AWI has already been reduced significantly and
considers that the remaining areas within the development area are of lower
value, excepting the larger trees, which are to be retained as far as practicable.
While this woodland may have been heavily modified and replanted it is still
representative of the fact that the site is recorded as having been continuously
wooded since the 1st edition OS maps of 1860. Permanent removal, to make way
for houses will take away any opportunity to improve the quality and biodiversity of
the remaining area of this woodland. It is recognised that the number of trees to
be removed from the Ancient Woodland has been reduced following the site layout
changes and now only 10 individual trees, 3 small groups and part of group G3
are being removed to accommodate the development which is considered
acceptable in light of the appropriate compensatory planting now confirmed to be
provided.

6.63

An updated Tree Survey Report and Schedule submitted to date following
amendments to the application highlights the number of trees to be removed to
allow for the development. With regard to Chapter 1A - 126 out of 266 trees would
need to be felled (47%), and a large proportion of group G3. This will leave 140
individual trees, two complete groups and the remaining part of group G3. For
Chapter 1B - 48 trees/small groups would need to be felled out of 190 (25%)
which is a significant reduction in the tree loss due to the 2 x 8 lodges being
removed from the proposal. The layout changes to both Chapter 1A and B have
resulted in more than 200 trees being retained which is welcomed.

6.64

The biodiversity assessment of the woodland habitats concluded that the
woodland areas were all of lower diversity due to extensive non-native conifer
planting, young aged broad-leaved planting and the dominance of beech and
sycamore in the older stands. This woodland however is still of value as a habitat

 APPENDIX 4

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and the biodiversity can be improved as part of a biodiversity enhancement
scheme for the development. A Compensatory Planting Scheme has now been
submitted and following consideration by the Scottish Forestry, is considered by
the Planning Service to adequately mitigate for the loss of trees and woodland
proposed. It has been clarified that a greater area of woodland will be planted than
lost (3.07 ha lost and 5.6 ha as compensatory planting). Subject to planning
conditions to ensure the implementation of the proposed compensatory planting
scheme and a number of detailed elements related to species of trees to be
planted and maintenance, this matter is now considered to be fully addressed. In
addition, conditions would be required for full detailed tree protection measures,
and details of no dig construction to be used for construction of paths within Root
Protection Areas.
6.65

A Bat Survey has now been submitted and assessed by the Planning Service. The
assessment concludes that there are 4 trees valued as having high bat roost
potential, 1 tree classed as moderate/high, 4 are moderate and 4 are
low/moderate. All bar one, which is of low/moderate is located in Chapter 1A. To
date no bat roosts have been confirmed during the ground-based assessments or
aerial climbing of the trees on site. Many of the features present within the high
and moderate potential trees are suitable for roosting bats at any time of year and
the single autumn/winter survey will only provide information on use of trees by
bats at that time of year. Only one aerial assessment of the trees has been
carried out for those trees identified as having more than moderate bat roost
potential and that have been identified for felling. For trees of moderate or high bat
roost potential, two or
three surveys (either aerial inspections or nocturnal surveys) should be carried out
to meet the Bat Conservation Trust guidelines. The report itself concludes that
further surveys will be required in the spring/summer. As further survey work is
required the Planning Service are not yet in a position to be satisfied that the
proposal would not have an adverse impact on a European Protected Species.

6.66

A development proposal of this scale is likely to raise concerns relating to
biodiversity, nature conservation and public access; however, with only details
for Chapter 1A and B it is difficult to address these issues across the whole
application site at this stage. If this application is approved, appropriately worded
conditions could be used to obtain the necessary detail and supporting information
to remedy any concerns raised, to ensure
compliance with Policy E1 Natural heritage and Policy PR1 Protecting
important resources.

6.67

The Planning Service considers that in light of the various elements of new
information received since the previous meeting of Formartine Area Committee on
the 26 March 2019, it has been demonstrated that the current proposals would not
have an overly detrimental impact in relation to natural heritage features including
trees and woodland. Through ongoing communication, the amended proposals to
reduce tree loss are welcomed and the ongoing commitment now outlined towards
biodiversity enhancement and species protection, in conjunction with appropriate
planning conditions to ensure relevant requirements are carried out are
considered to be in line with the requirements of Policy PR1 Protecting important
resources. However, the requirement for further Bat Survey work does however at

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this time result in the proposals failing to demonstrate that there would be no
detrimental impact on any protected species. As such, the application fails to
comply with Policy E1 Natural Landscape and Policy PR1 Protecting important
resources until this matter can be adequately demonstrated.
Built Heritage
6.68

Menie House (as per the Historic Environment Scotland (HES) listing but is
now known as MacLeod House), a Jacobean, 2 storey property is a Category
B Listed Building and is set amongst mature landscaped gardens and ponds.
This property has since been converted to a hotel with 11 bedrooms. Adjacent to
the North East of MacLeod House sits The Lodge, an early 19th Century H-plan
symmetrical steading which is listed by virtue of its location within the curtilage of
MacLeod House. This building has also been converted to hotel accommodation
with 10 bedrooms and an office/marketing suite.

6.69

The proposed housing would be situated to the south of the property, beyond the
pond which is within the immediate garden grounds of the house. As noted in
Section 2 the applicant has removed the two blocks of lodges from the original
layout proposed to be located in close proximity, (approximately 35 metres) to the
north of the listed building.

6.70

The developer has submitted an Archaeological desk-based Assessment
focused on archaeology and built heritage. Within the proposed development
site there is the Category B Listed Menie House and three heritage assets.
These relate to other structures formally designated within the immediate
vicinity of Menie House and are the Old Parish Church, its graveyard and the
Morthouse sitting in the cemetery. It should also be noted that the former
steading sited north east of Menie House was also subject to listed building
consent when converted into an office and additional accommodation. The
Report has concluded that there is a moderate to high probability of
discovering buried archaeological remains within the proposed development
site, as such the Report proposes mitigation measures for any possible direct
effects on archaeology. This would involve the submission of Written
Scheme(s) of Investigation (WSI) which would, where necessary, make
provision for appropriate post-excavation analysis and dissemination of the
results of the mitigation work, as well as for archiving of the project materials
and records. The Report also identifies a moderate adverse effect on the
setting of Category B Listed Menie House due to the proximity of the
proposed lodges but offers no mitigation measures.

6.71

Infrastructure Services (Archaeology) have not raised any concerns regarding
the proposals but have requested that a programme of archaeological works
(WSI) is requested by condition should the application be approved. The Built
Environment Team had raised concerns regarding the proximity of some of the
proposed houses to Menie House, in that the development would potentially
impact on the historic setting of the listed building and advise the applicant to
reassess the location of the proposed new houses or introduce mitigating
measures to reduce their impact on the setting of the listed building. It was
advised this could be in the form of strategic planting to screen them from the

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driveway when travelling east towards Menie House. The developer has
submitted a scheme of enhanced tree planting on the southern side of the primary
estate access which serves to minimise views of the proposed housing when
accessing along this route and safeguards MacLeod House as the principle view
when rounding the corner of the main access. Views of the units 48 to 52 will still
be apparent but the proposed planting goes some way to minimising the full extent
of the impact. Updated comments from the Built Environment Team have
welcomed the further tree planting proposed but have suggested that further
planting along the northwest of the access should also be considered. Whilst this
matter could be conditioned as part of any planning consent, it is the view of the
Planning Service that the planting scheme proposed adequately serves the
purpose of protecting principle views of MacLeod House when entering the estate
and further planting would not significantly alter the overall setting of this historic
asset. The Planning Service has previously welcomed the removal of the lodges in
that it was clear that there would have been a negative effect on the character,
integrity and setting of the listed building. This was also recognised though the
applicants Landscape and Visual Impact Assessment where it is stated that
MacLeod House would be subject to a high level of significant adverse effects.
6.72

Whilst the housing element of the proposed development would be visible in the
wider landscape of MacLeod House, their location to the south past the main
landscaped gardens of MacLeod House is not considered to have a negative
effect on the character or setting of the listed building. As such, the Planning
Service are content that the amended proposals do not conflict with Policy HE1
Protecting historic buildings, sites and monuments of the Local Development Plan
(LDP) and Managing Change in the Historic Environment documents but
welcomes additional planting to screen the new development.
Other Considerations

6.73

The site is covered by pockets of prime agricultural land. Policy PR1
Protecting important resources generally discourages developments that
would have a negative effect on important environmental resources, however
the policy does exclude allocated sites within the Development Plan. For noting,
Chapters 1A and 1B have no pockets of prime agricultural land. As such, the
proposed development is not in conflict with this section of the policy or Scottish
Planning Policy.

6.74

In terms of carbon neutrality and energy efficiency, no detail has been
provided at this stage. This is usually dealt with by a condition and SEPA has
agreed this is acceptable. As such, at this stage the proposal is not considered to
conflict with Policy C1 Using resources in buildings.

6.75

The site is located with the Energetica Corridor, which stretches from
Aberdeen to Peterhead generally in line with the northern “Strategic Growth
Corridor” as defined in the Strategic Development Plan. The Energetica
Corridor is covered by Policy B4 Special development areas which seeks
development to keep to a design and sustainability vision. The key factors for
enhancing the quality of life with the planning advice include; access to quality
education, social offerings such as places to meet or entertainment venues,

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openness or how welcoming a place is, and the area’s physical beauty and green
spaces. It is the opinion of the Planning Service that the overarching vision of the
proposed development would comply with the aims of the Planning Advice and
therefore Policy B4.
Update of Strategic Development Plan
6.76

This proposal has been found to be of a nature that it is relevant to consider the
whole Development Plan context. As noted in section 5 of this report, due to the
Aberdeen City & Shire Strategic Development Plan 2014 being beyond its 5-year
review period, the presumption in favour of development that contributes to
sustainable development will be a significant material consideration in line with
Scottish Planning Policy 2014 (SPP 14).

6.77

The Planning Authority must therefore consider the contribution that this proposal
makes to sustainable development. As per SPP14, the strong materiality of
economic benefit related to this proposal is acknowledged. In addition to this, the
existing allocation for development on this site within the current Local
Development Plan which is supported by the extant planning consent for
development of this site must also be considered as a further strong material
consideration in this case. In any instance, it is apparent that the identified
shortcomings of the development in terms of sustainability, related primarily to
connectivity and a less than ideal reliance on the private vehicle, is not
exacerbated by the current proposals when compared to that already consented
on site. Measures in the form of cycle and walking connectivity where possible and
a public transport strategy can be sought to mitigate for these shortcomings. The
developer has promoted sustainability through alternative aspects of the
development such as on site facilities and high quality recreational space and a
fabric first approach to address construction sustainability for individual properties
and buildings. In addition, the site would provide a net benefit to housing delivery
numbers identified in the existing SDP as the site is considered constrained within
the Housing Land Audit for Infrastructure reasons ( related to the delivery of the
AWPR) and as such would be in addition to the identified five-year effective land
supply.

Public Comment
6.78

With regard to comments raised within the representations, the Planning Service
considers all relevant material considerations have been covered by the above
discussion.
Matters Arising from Formartine Area Committee Meeting 26 March 2019

6.79

As highlighted in the agreed minute of the Formartine Area Committee Meeting on
26 March 2019 (Appendix 15 contains the minute extract from this meeting) ,
when this proposal was previously presented to Members in order to provide
preliminary views to Full Council for its consideration when determining the

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application, Members agreed that the Committee did not reach a consensus view
on the application. The Committee agreed to advise Full Council that members of
the Committee had a mix of supportive, negative and neutral views on the
application.
6.80

The Committee agreed to advise Full Council of the following matters discussed at
Committee:
1.
2.

3.
4.
5.
6.
7.
8.
9.
6.81

The developer has subsequently sought to address as many of the matters raised
as possible and the resultant information submitted to the Planning Service has
been fully assessed and where appropriate, the content of this report has been
updated to reflect this information. It is apparent that a number of previously
identified matters which remained unresolved have now been fully addressed,
namely;
•
•
•
•
•
•
•
•

6.82

The planning application is a departure from Local Development Plan (LDP)
and it fails to comply with the approved Masterplan.
The Report to Full Council to provide further information on:
a.
economic benefits of the development,
b.
road layout, access to the development and grade separated junction,
c.
impact of the development on Icelandic pink footed geese.
Opportunities highlighted by the Aberdeenshire Design Review Panel not
taken up by the applicant.
Lack of affordable housing on site.
Development in the area of ancient woodland.
Outstanding objections from SEPA and Transportation.
Concerns raised over connectivity in terms of transport policy.
Ability of the development site to provide walking accessibility to local
amenities and connectivity in relation to cycling.
General concerns over lack of information.

Strategic Planting to screen the lodges from the driveway to the east of
MacLeod House;
Provision of compensatory planting;
Updating Tree Survey Report to address concerns over unnecessary tree loss
at Chapter 1B;
Amended Access Plan;
Amended Flood Risk Assessment;
Amended Street Engineering Review and Quality Audit;
Amended drawing showing all existing internal access roads and how they
connect to the proposed development; and
Further information on wheeled recycling and waste bin storage and updated
swept path analysis for both Chapters 1A and B.

The aforementioned Formartine Area Committee minute also outlined further
information that had been requested by Members to help inform the determination
of the application at Full Council. Members requested that further detailed

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information be provided in relation to the matters listed below. Each matter is
addressed in turn.
1.
2.
3.
4.
5.
6.
7.
8.

economic impact of the development.
grade separated junction on the A90 Balmedie Tipperty dual carriageway.
impact of the development on any protected species.
provision of primary school.
construction traffic management plan (to reroute the construction traffic away
from Balmedie).
compensatory tree planting and further consultation with Scottish Forestry.
greater population of Area Committee report appendices 12 and 13.
clarification of Transportation input to the Local Development Plan with
regards to the site.

Economic Impact of the Development
6.83 As outlined in para 4.4, following the request of the Formartine Area Committee at
its meeting of 26 March 2019, for further economic justification, the Developer has
submitted two further separate documents in support of the proposal. These
address the current state of the North East economy and an assessment of the
economic impact of the second phase of development proposed.
6.84

For clarification, and as reported above and in the Formartine Area Committee
Report of 26 March 2019, the Economic Impact Review submitted by the
developer, as part of the original 2006 Outline Planning Permission documents,
estimated that the resort development could generate approximately 950 local
jobs and 900 national jobs as net additional development related employment,
1,900 local jobs and 4,050 national jobs as net additional construction industry
employment and a net additional development related Gross Value Added (GVA)
of £43.5 million at the local level and £42.4 million at a national level.

6.85

For comparison, the new Economic Impact Assessment of Phase Two report
estimates that Phase Two (the current application) could generate a net long-term
economic annual impact of approximately 268 overall jobs of which 244 will be
local jobs (located in Aberdeenshire) and a gross impact of development
construction related employment of approximately 2,120 national jobs of which
1,980 will be local jobs. In summary the net economic impacts for Phase 2 related
GVA would be £14.2 million at a national level of which £12.4 million will be
experienced at the local level.

6.86

It is apparent that when comparing the current proposals with the original
development proposed for this phase of works, the proposal is now heavily
weighted towards the delivery of private housing. It is in this simplified context that
comments received from Aberdeenshire Council Business Development Executive
has described the proposals as a ‘weak substitute’. It is however clear that the
proposals do not represent an ‘either/or’ scenario but are more accurately a recomposition of development proposals to reflect the current economic climate and
demand. When viewed in this context, Business Development confirm that the
proposals are considered very welcome.

 APPENDIX 4
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The Planning Service has sought to identify further opportunities relating to the
development to ensure that the social and economic impacts remain at the
forefront of the proposal. To this end, following the Formartine Area Committee
Meeting, discussions between the Planning Service and the developer have
resulted in the developer expressing a willingness to deliver the tourist
accommodation elements detailed in the current proposals (which equates to 54
resort rooms) prior to any private housing consented as part of this application. It
is therefore proposed to condition the delivery of this aspect of the development in
the manner outlined.
Grade separated junction on the A90 Balmedie Tipperty Dual Carriageway

6.88

Following further consultation with Transport Scotland, as requested by Members
of the Formartine Area Committee, Transport Scotland has confirmed that the
trunk network, as delivered by the AWPR Balmedie to Tipperty project, would be
capable of servicing the anticipated level of development satisfactorily and
preclude the requirement for a further grade separated junction.

6.89

Transport Scotland has further clarified that in respect to the former A90 (now
B977), Aberdeenshire Council, as local roads authority, will need to satisfy itself
regarding the acceptability of the development impacts of these proposals on the
local road network. It has therefore been confirmed by Transportation that the
existing road network has adequate capacity to accommodate the level of extra
vehicular movements generated by the current application.
Impact of the Development on Protected Species

6.90 In terms of further clarification of the impacts of the proposals on protected
species, it is apparent that an extended Phase 1 Habitat survey was carried out,
as well as additional surveys for bats and geese in order to inform the submitted
Ecological Impact Assessment (EcIA). As a result, mitigation measures have been
proposed for habitats, protected species and general biodiversity protection and
enhancement.
6.91 As outlined previously, the proposal will not result in a significant adverse impact
on ecologically important habitat. In terms of the impact on specific identified
species, it is apparent that in relation to bats, as highlighted above, the EclA
advises that an updated bat survey is required and is to be submitted prior to any
consent being issued were this application to be considered favourably. The
required survey can only be carried out within the summer months. According to
legislation this is not a requirement that can be subject to a planning condition and
the outcome of any survey must be agreed prior to any planning permission being
consented.
6.92 In relation to otters, the submitted surveys recorded no evidence of ongoing use of
the ponds, however it is proposed to carry out pre-construction and repeat surveys
during construction to ensure legal obligations are met.
6.93 Ongoing badger activity was recorded during the 2018 surveys; however, it is
proposed to carry out pre-construction and repeat surveys during construction to

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ensure legal obligations are met. As any ecological survey is essentially a
snapshot in time, up to date surveys will be required for each subsequent phase
that comes forward for development.
6.94 In terms of birds, it is anticipated that there will be some loss of nest sites for
ground nesting farm birds, however this will not be a significant adverse impact
due to the proximity of similar habitat adjacent to the site. The development site
does not directly impact upon any designated nature conservation sites, however
geese from the Ythan Estuary, Sands of Forvie and Meikle Loch Special
Protection Area are known to use this area for feeding. A goose survey was also
carried out in spring 2018 and included within the submitted EclA. In summary,
with the exception of bats, the applicant has now provided a full suite of
information related to protected species that could potentially be impacted by the
proposed development. On assessment, and in conjunction with relevant technical
consultees such as SNH and the Council’s Environment Service, the Planning
Service is satisfied that all potential impacts have been identified and where
appropriate mitigation or ongoing monitoring measures identified.
Provision of Primary School
6.95

Developer Obligations has confirmed that contributions have been secured toward
the erection of a new primary school in the Balmedie area. The existing Balmedie
Primary School is operating in excess of capacity. To address this issue and
provide capacity within the education estate for pupils generated by the Menie
development Education and Children’s Services propose to erect a new school in
the Balmedie to Ellon corridor. The location of the school is still to be confirmed.
Construction Traffic Management Plan

6.96 Transportation has confirmed that the most practical way to address concerns
related to construction traffic management is to ensure that a suitable planning
condition is attached to the granting of any planning consent to ensure that a
construction management plan is outlined prior to the commencement of any
development. It is clarified that this is required in order to understand the
construction impacts. It is further highlighted that access cannot reasonably be
prevented to any part of the public road network without good reason to do so.
Compensatory tree planting and further consultation with Scottish Forestry
6.97 As indicated within this report, further information related to compensatory tree
planting has been submitted by the developer. Scottish Forestry have confirmed
that the proposed scheme of compensatory planting exceeds the amount of
woodland loss in this instance. It is highlighted that under the Scottish
Government’s Control of Woodland Removal Policy there is a strong presumption
in favour of protecting Scotland’s woodland resources and removal should only be
allowed where it achieves significant and clearly defined additional public benefits
and that compensatory planting may form part of this balance. In light of the
information received, the Planning Service is satisfied that the public benefits
generated from the development in conjunction with the enhancement proposed

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by additional tree planting is considered to be acceptable and in accordance with
the terms of the Scottish Government’s Control of Woodland Removal Policy.
Greater population of Appendices 10, 12 and 13 of FAC Report
6.98 Updated Appendices as attached to this report.
Clarification of Transportation input to the Local Development Plan with regards to
the site
6.99 Site OP3 at Balmedie was added at the Proposed Plan stage (2015). The
proposal was not assessed by Transportation, as it was not a formal bid and was
previously consented development.
Conclusion
6.100 The application is supported by several documents, both technical and nontechnical including a detailed phasing plan for the entire site. It is acknowledged
that the developer has now addressed many of the outstanding holding objections
from consultees through the submission of new and updated reports/information.
As a result, the proposal continues to be considered as an acceptable proposal in
principle.
6.101 Assessing all the above considerations, the Planning Service considers the
potential economic benefits of the proposed development to have considerable
merit. The residential development is considered to be acceptable as a departure
from the Settlement Statement, in particular the phasing element. In addition,
given the site is allocated with the Local Development Plan, the Planning Service
is also content with a departure from Policy R1 Special rural areas. The
Committee is asked to confirm its agreement to this view.
6.102 Notwithstanding the above, the proposal is still required to comply with all other
relevant policies and as a result of the awaited Bat Survey information, concerns
in relation to Policy E1 Natural Landscape and Policy PR1 Protecting important
resources remain. As such, the Planning Service is unable to fully support the
application and recommend that this matter is delegated in order to allow the
applicant time to satisfy the requirements of the Planning Service in relation to this
matter. The relevant consultees have clarified that the outstanding requirement
can be addressed and for this reason, the Planning Service consider it acceptable
in these circumstances to allow this matter to be delegated to enable the applicant
to provide all the required information. Should this matter not be addressed within
a reasonable timescale, the Planning Service would refer this application back to
Full Council.
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.

 APPENDIX 4

Item: 4
Page: 94

8.

Implications and Risk

8.1

An Equality Impact Assessment is not required because the proposed
development would not have a differential impact on any of the 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. The proposal, in its wider sense, realises the economic potential of the
Menie Estate. Furthermore, it is apparent that the identified failings of the
development in terms of sustainability, related primarily to connectivity and a less
than ideal reliance on the private vehicle, is not exacerbated by the current
proposals when compared to that already consented on site and allocated within
the Local Development Plan.

10.2

Local Development Plan Departures
Balmedie Settlement Statement (Appendix 11)
Policy R1 Special rural areas
Policy P1 Layout, siting and design
Policy E1 Natural heritage
Policy PR1 Protecting important resources
Policy RD1 Providing suitable services

10.3

The application is a Departure from the valid Local Development Plan. The
application has been advertised in the Johnston Press. 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.

 APPENDIX 4

Item: 4
Page: 95

10.5

The application shall be reported to Full Council with the Planning Service’s
recommendation with the view of the Formartine Area Committee forwarded for
consideration.

11.

Recommendation

11.1

That the Formartine Area Committee provides preliminary views to Full
Council for its consideration when determining the application and note the
recommendation to delegate the GRANT of Planning Permission in Principle
subject to: •
•
•

The satisfactory submission of a further Bat Survey;
The conclusion of a S75 Legal Agreement; and
Appropriate Conditions to address the matters outlined below;
•
•
•
•
•
•
•
•
•
•
•
•

Direction for PPP condition (as overall development is likely to take longer than the
standard time period);
MSC Matters requiring further approval (layout, siting and design information);
Extent of development (max 550 units);
Phasing details;
Landscaping/Compensatory planting details and mitigation;
Environmental and Biodiversity enhancements, mitigation measures and
preconstruction surveys;
Carbon neutral technology feasibility assessment and energy statement;
Transportation and Roads Development requirements;
Programme of archaeological works;
Implementation/timing of Access Plan routes and signage strategy;
Further flood risk and drainage impact assessments; and
Confirmation of connection to public water and drainage infrastructure.

For noting:Part 2C (Planning Delegations) states at Section C.2.2 for Major Development, that
following consultation with the Chair and Vice-Chair of the determining Committee for
applications initially dealt with by the Area Committee, the Head of Planning and Building
Standards can refuse planning applications for which Section 75 Agreements are not
completed or Developer Obligations are not paid within six months from the date of the
Committee at which the application is determined. Local Ward Members shall be notified
of any such refusal.
Please note that this power may be exercised in respect of the application which is the
subject of this report if the application is approved by the Committee.

Stephen Archer
Director of Infrastructure Services
Author of Report: Gregor Spence
Report Date: 21 August 2019

 APPENDIX 4

Item: 4
Page: 96

List of Appendices for APP/2018/1814
Formartine Area Committee Report 3 September 2019

Appendix 1: Location Plan
Appendix 2: PPiP Site Plan
Appendix 3: Chapter 1A Site Plan
Appendix 4: Chapter 1B Site Plan
Appendix 5: Full List of Previous Planning Application History
Appendix 6: Pre-Determination Hearing Note
Appendix 7: Consultation response from Belhelvie Community Council
Appendix 8: Consultation response from Foveran Community Council
Appendix 9: Map showing locations of both Ramsar Site and Special Protection Area
Appendix 10: Table listing all Consultees and recommendations
Appendix 11: Balmedie Settlement Statement
Appendix 12: Table showing all Outline Planning Conditions and those which have been
discharged
Appendix 13: Table showing all development granted, delivered and pending delivery
Appendix 14: Design Review Panel Note
Appendix 15: Minute extract of Formartine Area Committee 26 March 2019

 Item: 4

APPENDIX 4 Page: 97

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APP/2018/1814

Item: 4
Page: 101

Appendix 5: Planning Application History

Trump International Golf Link Scotland – Application History
APP/2006/4605 – Outline Planning Permission for Golf Course and Resort Development
at Land at Menie, Balmedie.
•

Scottish Ministers granted subject to conditions on 16/12/2008

APP/2006/4606 – Full Planning Permission for Erection of Golf Maintenance Facility.
•

Withdrawn on 05/01/2009

APP/2006/4607 - Full Planning Permission for Change of Use and Alterations to
Steading to form Marketing Suite.
•

Granted subject to conditions on 25/04/2008

APP/2006/4608 – Listed Building Consent for Change of Use and Alterations to Steading
to Form Marketing Suite.
•

Granted subject to conditions on 25/04/2008

APP/2007/1517 – Full Planning Permission for Formation of Champion Golf Course &
Driving Range.
•

Withdrawn on 21/04/2008

APP/2009/1620 – Outline Planning Permission for Golf Course and Resort Development
to form part of Golf Course and Resort Development granted Outline Planning
Permission by Scottish Ministers 16 December 2008 (Ref CIN/ABS/001) at Land at
Leyton Farm, Balmedie
•

Granted subject to conditions on 04/09/2009

APP/2009/1623 - Outline Planning Permission for Golf Course and Resort Development
to form part of Golf Course and Resort Development granted Outline Planning
Permission by Scottish Ministers 16 December 2008 (Ref CIN/ABS/001) at Land and
Property at Hermit Point, Balmedie.
•

Granted subject to conditions on 04/09/2009

 APPENDIX 4

Item: 4
Page: 102

APP/2009/1629 – Outline Planning Permission for Golf Course and Resort Development
to form part of Golf Course and Resort Development granted Outline Planning
Permission by Scottish Ministers 16 December 2008 (Ref CIN/ABS/001) at Land and
Property at Leyton Cottage, Balmedie.
• Granted subject to conditions on 04/09/2009
APP/2009/1631 – Outline Planning Permission for Golf Course and Resort Development
to form part of Golf Course and Resort Development granted Outline Planning
Permission by Scottish Ministers 16 December 2008 (Ref CIN/ABS/001) at Land and
Property at Mill of Menie & Menie Fishing Station, Balmedie.
•

Granted subject to conditions on 04/09/2009

APP/2009/1633 – Outline Planning Permission for Golf Course and Resort Development
to form part of Golf Course and Resort Development granted Outline Planning
Permission by Scottish Ministers 16 December 2008 (Ref CIN/ABS/001) at Council Land
at Menie Estate.
•

Granted subject to conditions on 04/09/2009

APP/2009/2479 – Full Planning Permission for Marram Grass Planting, Preparatory
Earthworks and Chestnut Pale Fencing on the Inner Dunes at Menie Links.
•

Granted subject to conditions on 12/11/2009

APP/2010/0423 – Approval of Matters Specified in Conditions for Outline Planning
Permission (Ref: APP/2006/4605) including (1) Masterplan and (2) Championship Golf
Course Detail including Driving Range, Short Game Area, Putting Green and Turf
Nursery.
•

Granted subject to conditions on 24/06/2010

APP/2010/1535 – Full Planning Permission for Construction of Championship Golf
Course including Driving Range, Short Game Area, Putting Green & Turf Nursery.
•

Granted subject to conditions on 30/06/2010

APP/2010/2665 – Full Planning Permission for the Construction of a Maintenance Facility
for the Championship Golf Course.
•

Granted subject to conditions on 16/11/2010

APP/2011/1889 – Full Planning Permission for Engineering Operations to Upgrade and
Construct an Access Way to Service the Clubhouse and Championship Golf Course.
•

Granted subject to conditions on 26/10/2011

APP/2011/3557 – Full Planning Permission for Erection of Golf Clubhouse and Turning
Circle.

 APPENDIX 4
•

Item: 4
Page: 103

Granted subject to conditions on 07/02/2012

APP/2011/3559 – Full Planning Permission for Construction of a Temporary Clubhouse
to be used for a period of 3 years from the date of its first occupation.
• Granted subject to conditions on 13/12/2011
APP/2011/3560 – Full Planning Permission for Engineering Operations to Construct a
Car Park to Serve the Golf Course and Proposed Clubhouse.
•

Granted subject to conditions on 13/12/2011

APP/2012/0857 – Full Planning Permission for Erection of Entrance Building & Erection
of Clock Tower.
•

Granted subject to conditions on 20/04/2012

APP/2012/0858 – Full Planning Permission for Erection of Walls at Trump International
Golf Links Entrance.
•

Granted subject to conditions on 20/04/2012

APP/2012/0859 – Advertisement Consent for Erection of Signage and Flagpoles.
•

Part Granted (Sign-Boards) subject to conditions on 20/04/2012 part Refused
(Flag Poles) on 20/04/2012.

APP/2012/1223 – Full Planning Permission for Construction of a Temporary Clubhouse
to be used for a period of 3 years from the date of its occupation (Amended design)
(Retrospective).
•

Granted subject to conditions on 06/06/2012

APP/2012/2466 – Advertisement Consent for Erection of Signage (Retrospective)
•

Granted subject to conditions on 10/09/2012

APP/2012/2342 – Full Planning Permission for Engineering Operations to construct Car
Park to serve Golf Course and Proposed Clubhouse (Amended design) (Retrospective)
•

Granted subject to conditions on 13/06/2013

APP/2012/3123 – Change of Use from Lodge to form part of Golf Course & Resort
Development including Accommodation for Guests & Tourists (Retrospective).
•

Granted on 10/01/2013.

APP/2012/3125 – Change of Use from Lodge to form part of Golf Course & Resort
Development including Accommodation for Guests & Tourists (Retrospective).

 APPENDIX 4
•

Item: 4
Page: 104

Listed Building Consent granted on 10/01/2013.

APP/2012/3126 – Change of Use of MacLeod House to a use that forms part of the Golf
Course & Resort Development (Retrospective).
• Granted subject to condition on 18/02/2013.
APP/2012/3128 – Change of Use of MacLeod House to a use that forms part of the Golf
Course & Resort Development (Retrospective)
•

Listed Building Consent granted subject to conditions on 25/02/2013

APP/2013/0041 – Full Planning Permission for Erection of Temporary Function Marquee.
•

Granted subject to conditions on 27/03/2013.

APP/2013/2469 – Full Planning Permission for the Variation of Condition 1 (Extension of
Time to Complete Works) of Planning Permission Reference APP/2012/2342.
•

Granted subject to condition on 31/10/2013.

APP/2-13/3517 – Full Planning Permission for the Construction of 18 Hole Golf Course
•

Withdrawn on 14/02/2014

APP/2014/1872 – Full Planning Permission for the Change of Use from Dwellinghouse to
House in Multiple Occupancy.
•

Granted on 17/07/2014.

APP/2014/2864 – Full Planning Permission for the Erection of a Clubhouse.
•

Granted on 21/10/2014.

APP/2014/2972 – Full Planning Permission for the Formation of a Mound Soakaway
(Retrospective).
•

Granted on 04/11/2014.

APP/2015/0873 – Full Planning Permission for Extension to Provide Banqueting
Accommodation and 6 No. Additional Hotel Rooms with Ancillary Leisure and
Operational Facilities.
•

Granted on 15/07/2016

APP/2015/0876 – Listed Building Consent for Extension to Provide Banqueting
Accommodation and 6 No. Additional Hotel Rooms with Ancillary Leisure and
Operational Facilities.
•

Granted on 21/11/2016

 APPENDIX 4

Item: 4
Page: 105

APP/2015/0919 – Full Planning Permission for the Erection of 30 Room Staff
Accommodation Unit Ancillary to Golf Resort.
•

Granted subject to conditions on 23/06/2015.

APP/2015/2823 – Construction of 18 Hole Golf Course and Ancillary Facilities.
•

Currently under assessment.

APP/2015/2842 - Construction of Bag Drop in Connection with Permanent Club House
Building (Retrospective)
•

Granted on 24/12/2015.

APP/2015/2843 – Construction of Walls at Entrance (Retrospective)
•

Granted on 24/12/2015.

APP/2016/0278 – Erection of a Flagpole (Retrospective) North of McLeod House.
•

Granted on 22/03/2016

APP/2016/0329 – Erection of a Flagpole (Retrospective) South of Clubhouse
•
•

Refused on 27/04/2016
Appeal (Reference No. PPA-110-2307) Allowed and planning permission granted
on 14/11/2016.

APP/2017/0533 – Modification of Planning Obligation No.7 of Section 75 Agreement
(APP/2006/4605 and APP/2010/0423).
• Currently under assessment
APP/2018/1814 – PPPM for the Erection of 550 dwellinghouses (up to 500 residential
units and a minimum of 50 leisure/resort units), community facilities (Class 10 Nonresidential Institutions and Class 11 Assembly and Leisure), development falling within
Class 1 (Shops), Class 2 (Financial, Professional and Other Services), Class 3 (Food
and Drink), landscaping and supporting Infrastructure
• Currently under assessment

 Item: 4
Page: 106

APPENDIX 4

APP/2018/1814

Appendix 6: Pre-Determination Hearing Note

Note of Pre-Determination Hearing
Erection of 550 Dwellinghouses (Up to 500 Residential Units and a Minimum of 50
Leisure/Resort Units), Community Facilities (Class 10 Non-residential Institutions
and Class 11 Assembly and Leisure), Development Falling Within Class 1 (Shops),
Class 2 (Financial, Professional and Other Services), Class 3 (Food and Drink),
Landscaping and Supporting Infrastructure
Land at Menie Estate Balmedie Aberdeenshire AB23 8YE
Wednesday 12 December 2018 at 6pm in Ellon Academy Community Campus
The Hearing was conducted in accordance with Appendix G of Part 2C of the
Aberdeenshire Council Scheme of Governance.

Present:

Councillor I Davidson (Chair)
Councillor K Adam
Councillor L Berry
Councillor R Bruce
Councillor M Buchan
Councillor G Carr
Councillor J Cox
Councillor S Duncan
Councillor A Evison
Councillor M Ewenson
Councillor M Findlater
Councillor A Forsyth
Councillor J Gifford
Councillor V Harper
Councillor A Hassan
Councillor F Hood
Councillor P Johnston
Councillor A Kille
Councillor A Kloppert
Councillor I Mollison
Councillor G Owen
Councillor A Stirling
Councillor I Taylor
Councillor R Thomson

Ellon and District
Mid-Formartine
Inverurie and District
Banchory and Mid-Deeside
Central Buchan
Mearns
Banff and District
Turriff and District
North Kincardine
Inverurie and District
Troup
Turriff and District
Mid-Formartine
West Garioch
Mid-Formartine
East Garioch
Mid-Formartine
Fraserburgh and District
Ellon and District
North Kincardine
Ellon and District
Turriff and District
Turriff and District
Ellon and District

 Item: 4
Page: 107

APPENDIX 4
Councillor I Walker
Councillor J Whyte

Westhill and District
Inverurie and District

Council Officers: Chris White, Area Manager
Kate Bond, Head of Customer Communication & Improvement
Karen Wiles, Head of Service, Legal & Governance
Robert Gray, Head of Service, Planning and Building Standards
Martin Ingram, Senior Solicitor
Ann Ramsay, Senior Planner
Darren Ross, Team Manager
Ruth O’Hare, Principal Solicitor
Ann Riddell, Principal Committee Officer
Kasia Balina, Area Committee Officer
Kirsty Macleod, Area Committee Officer
Sarah Rochester, Service Manager
Donna Sutherland, Area Project Officer
Samantha Rawlins, Community Planning Officer
Ann Lennox, PA to Area Manager
Carol Crawford, PA to Area Manager
Mairi Stewart, Planning Service Manager
Consultees:

Aberdeenshire Council:
Paul Macari, Principal Developer Obligations Officer
Kenn Clark, Principal Engineer
Peter MacCallum, Roads Development Manager
Elaine Reid, Team Leader, Housing
Eleanor Munro, Environment Planner
Douglas Rennie, Business Development Executive
Belhelvie Community Council:
Alex McIntyre
David Wallace

Applicant:

Sarah Malone – Trump International Golf Links Scotland
Lynsey Shepherd - Trump International Golf Links Scotland
Mark McMurray - CMS Cameron McKenna Nabarro Olswang LLP
Ann Faulds - CMS Cameron McKenna Nabarro Olswang LLP
Andy McNair - Douglas & Stewart Ltd
David Strathdee - Covell Matthews Architects
Richard Marsh - 4-Consulting
Ian Ross - Fairhurst Consulting Engineers

Speakers:

David Milne
Rohan Beyts
Bill Harrison
Robert Menlove
Valerie Banks

 APPENDIX 4

Item: 4
Page: 108

The Chair, Councillor Davidson, introduced herself and welcomed everyone to the hearing.
1. DECLARATION OF MEMBERS’ INTERESTS
Members confirmed that they had no interests to declare in terms of the Councillors’ Code
of Conduct.
2. RESOLUTION – STATEMENT OF EQUALITIES
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.
2.
where an Equality Impact Assessment was provided, to consider its contents and
take those into account when reaching their decision.

3. PRE-DETERMINATION HEARING PROCESS
The Chair explained the hearing procedures and it was reiterated that:
•

no decision would be made at this meeting,

•

a report, incorporating the notes of the Hearing would be presented to the
Formartine Area,

•

the Area Committee would forward a view on the application to the Aberdeenshire
Council for its consideration and Full Council would then determine the application.

The Chair advised that seven requests to speak had been submitted in advance of the
meeting. Speakers were allowed up to maximum of 10 minutes and they were advised to
focus their comments on views they had already expressed in writing. All parties who made
a valid request to speak were invited to attend the hearing. Two speakers were not present
at the hearing.
The Chair then asked whether any other consultees or members of the public, who had
previously submitted a valid written representation, wished to speak. No intimations were
made.

 APPENDIX 4

Item: 4
Page: 109

4. Reference no APP/2018/1814
ERECTION OF 550 DWELLINGHOUSES (UP TO 500 RESIDENTIAL UNITS AND A
MINIMUM OF 50 LEISURE/RESORT UNITS), COMMUNITY FACILITIES (CLASS 10
NON-RESIDENTIAL INSTITUTIONS AND CLASS 11 ASSEMBLY AND LEISURE),
DEVELOPMENT FALLING WITHIN CLASS 1 (SHOPS), CLASS 2 (FINANCIAL,
PROFESSIONAL AND OTHER SERVICES), CLASS 3 (FOOD AND DRINK),
LANDSCAPING AND SUPPORTING INFRASTRUCTURE
LAND AT MENIE ESTATE BALMEDIE ABERDEENSHIRE AB23 8YE
A site visit was held prior to the hearing and a PowerPoint presentation was provided during
the hearing which included plans of the site, housetypes, location of the new junction (A90),
and footage of the site.

1.

The Chair introduced the Senior Planner, Ann Ramsay who provided the following
information:

The Senior Planner explained that the Pre-Determination Hearing had been called to
outline and highlight the main considerations with the application under consideration.
The Senior Planner confirmed the description of the development and proposed
Chapters. Chapter 1A of the application consists of 85 dwelling houses, with a mixture of
detached cottages, detached country houses, townhouses and villas. The
accommodation mix includes 24 x 2 bed houses, 28 x 3 bed houses, 26 x 4 bed houses
and 7 x 5 bed houses; it was highlighted that 5 of the 2 bed houses are to be used by the
hotel as lodges. Chapter 1B consists of 2 x 8 suite lodges, 27 worker apartments, retail,
office, gym and fitness centre and a town hall alongside parking and open space. Full
details of these chapters have been submitted notwithstanding that the application is
Planning Permission in Principle.
The Senior Planner stated that a total of 2921 valid representations (2918 objections and
3 support) had been received. That did not include multiple representations from the
same household which equated to 3004 letters in total. One of the objections was a
petition containing 18,722 names.
The Senior Planner also advised that an amended Drainage Assessment had been
submitted and passed to SEPA and the Flood Risk Team for comments. Any comments
received will be included within the report for the Formartine Area Committee. The
Senior Planner noted that a Proposal of Application Notice, alongside a EIA Screening
Opinion has been carried out, adding that the proposed development, by virtue of its
characteristics of the potential impact, was not considered to have a significant
environmental effect. It was therefore the opinion of Aberdeenshire Council as Planning

 APPENDIX 4

Item: 4
Page: 110

Authority that the proposed development did not constitute ‘EIA development’ under the
terms of the EIA regulations.
Thereafter the Senior Planner explained that within the Aberdeenshire Local
Development Plan 2017 (LDP), the application site was located within a designated site,
known as OP3: Menie, within the Balmedie settlement statement. The text within the OP3
allocation stated that Phase 1 must be complete before the construction of any private
housing and Phase 2 of the development should alternate resort development with
residential development to deliver the first tranche of homes only after the first block of
holiday apartments were completed. In addition, it was highlighted that the settlement
statement requires that all residential development must contribute to a new health
centre at Balmedie, however both NHS and Developer Obligations are seeking
contributions towards a new Health Facility in Ellon. The Senior Planner also mentioned
the consultation responses listed in the report (4.1 – 4.24).
The Senior Planner highlighted the key points to consider within the application (as listed
in paragraph 6.47 of the report) – departure from the Local Development Plan, impact on
existing and proposed roads network, impact on the water supply, drainage and flood risk
etc.
Questions
Councillor Taylor asked about developer obligations in respect to medical facilities and
whether contributions could be sought towards both Balmedie and Ellon.
Paul Macari, Principal Developer Obligations Officer, explained that NHS Grampian would
require developer obligations to contribute towards a new health facility within Ellon but
that the issue could be raised again with the NHS.
Councillor Johnston commented that there was currently no medical practice in Balmedie,
with people using Scotstown Medical Practice in Bridge of Don and queried whether this
affected the NHS request for contributions towards facilities and how current patients would
be affected.
The Principal Developer Obligations Officer responded that NHS would be asked for
feedback before the next Area Committee but stated that developer obligations secured in
Aberdeenshire would be used in Aberdeenshire.
Councillor Stirling queried how recently Developer Obligations officers had had
conversations with NHS and suggested that Developer Obligations Team go back to them
for further discussion as the NHS North Corridor project may have an impact on the issue.
Councillor Kloppert asked about the location of Phase 1A of the application. The Senior
Planner responded that it was situated in the area where the trees were next to the lake
and showed the photo of the location on the PowerPoint presentation.
Councillor Forsyth asked about the location of electricity infrastructure and the proposed
pumping station. The Senior Planner confirmed that Scottish Water had no objection but
the details of the location had not been confirmed yet. In relation to electricity, she
indicated that this would not be dealt with by the Planning Service.

 APPENDIX 4

Item: 4
Page: 111

Councillor Thomson made reference to the original Outline Planning Permission for the
resort development, approved by Scottish Ministers and requested the provision of a
detailed breakdown of the conditions attached to Phase 1, together with an officer’s
opinion on whether these had been fulfilled or were no longer deemed necessary to be
fulfilled.
The Senior Solicitor indicated that this could be reported back to future meetings.
Councillor Kille asked for an update on the Tree Survey Report as the report stated that
the Tree Survey Drawings did not have a key and the titles were unclear. The Senior
Planner confirmed that the Planning Service had requested further information but had
not yet received an updated survey.
As there were no further questions, the Chair thanked Ms Ramsay for her presentation.
2.

The representatives of the applicant requested additional time to speak and were
asked to explain the reasons for that. Ms Faulds said that due to the number of
objectors who would be speaking at the hearing and the number of issues they
were going to raise; the additional time was required to ensure fairness. She also
added that the applicant had a right of reply to the objectors. The parties present
at the hearing were asked by the Chair to approve additional time to speak by
voting. A vote was taken by counting the raised hands of the parties and the
majority was in favour of providing additional time for presentation.

The Chair introduced the representatives of the applicant, Ms Ann Faulds and Mr Mark
McMurray, CMS Cameron McKenna Nabarro Olswang LLP, whose statement is
summarised below:
Ms Faulds stated that since Outline Planning Permission had been granted in 2008,
Trump International Golf Links Scotland had consistently pursued its vision to create the
world’s best golf course on the Trump Estate. The development of the Championship
Golf Course and all its supporting infrastructure, the construction of the clubhouse and
the refurbishment of MacLeod House and Lodges as five star hotel accommodation had
been completed as the initial phase of the project.
That was after a planning process involving a public inquiry, Parliamentary hearings and
legal challenges from objectors which were defended in the Court of Session. In addition
to those procedural delays, a number of issues had affected the economic climate since
2008 - the global banking crisis and the downturn in the oil and gas sector. The location
of the offshore wind farm did not help as well. Ms Faulds said the application should be
considered and determined according to the circumstances which apply today, not as
they were in 2008. She also added that despite these challenges, the vision for the resort
remained the same and the applicant had continued their investment in Aberdeenshire
and elsewhere in Scotland despite a planning process that had delayed investment at
Menie.
Ms Faulds then briefly explained the proposal which represented the next phase of
development for the Trump Estate, in that it would secure further inward investment,
support local and national objectives to promote tourism, support the Council’s objectives

 APPENDIX 4

Item: 4
Page: 112

for the Strategic Growth Area, stimulate economic growth in a challenging period and
deliver high quality homes for the local housing market. All of the elements of the
development were within the Outline Planning Permission and the site allocation as part
of the local development plan, therefore the principle of the development was acceptable.
The issues which were taken into consideration as part of the application were the
change of phasing for delivery of the overall project and the detailed design.
Ms Faulds addressed both issues by stating that the changes in economic climate meant
that the phasing proposed in the original Outline Planning Permission was not
economically viable. The applicant had worked to formulate an alternative proposal that
would deliver the continued investment in the Estate which the SDP and LDP identified
as being important to the Strategic Growth Area. The application represented the
opportunity to deliver that continued investment that would help to improve the regional
economy’s ability to diversify and grow tourism.
Also noting that the current proposal would sustain the operation of the Championship
Golf Course and importantly, sustain the jobs of the Estate staff who were at the hearing.
It was also the proposal that would deliver the economic benefits that could be secured in
the market.
Mr Faulds also mentioned the opposition and 3,000 letters of objection from across the
UK – through an organised campaign. She asked how many of them related to the
identity of the applicant and added that the applicant’s identity was not relevant to a
planning determination.
Thereafter Mr McNair, Douglas & Stewart Ltd, briefly outlined the design of the
development and that the applicant wanted to create a new village and that all the
houses and facilities would be built to very high standards. Also highlighting the diversity
of the accommodation - 27 key worker apartments could be considered as affordable
housing. Mr NcNair added that the design concept had been inspired by local urban
settlements like Chapelton and Monymusk as well as mentioning the positive responses
and 350 notes of interest in purchasing the houses received after the 2 day preapplication consultation event.
Questions
Councillor Johnston asked whether the health facilities proposed at Ellon would mitigate
for the residents of the development. Ms Faulds and Mr McMurray said that their client
would be interested in having a health facility within the development but the matter was
a decision for NHS Grampian.
Councillor Forsyth asked about the position of a pumping station for sewage and an
electricity sub station. Mr McMurray said this was a work in progress and details couldn’t
be confirmed at that stage.
Councillor Taylor asked whether the applicant was going to maintain the roads in
perpetuity or would Aberdeenshire Council be expected to adopt them in the course of
time. Mr Ian Ross, Fairhurst Consulting Engineers, confirmed that the existing access
and all new roads would be provided up to adoptable standards and discussions would
then take place with Aberdeenshire Council as to the potential of adoption. Ms Faulds

 APPENDIX 4

Item: 4
Page: 113

added that, under legislation, there was provision for adoption of roads and
Aberdeenshire Council would be aware of that.
As there were no further questions, the Chair thanked the applicant’s representatives for
their presentation.
3.

The Chair introduced Mr David Milne, whose statement is summarised below:

Mr Milne requested to speak also on behalf of Mrs Moira Milne. The first point raised was
that the original planning permission approval had had several phases built into it as
requirements for the next stage to progress. In his opinion, none of these had been met
and as such was a valid reason for refusal of the application.
Mr Milne stated, in his opinion, the application sought to avoid all the approved conditions
and allow the building of housing and remove the incentive to develop the resort in
phases as agreed. As well as adding that, in his opinion, the golf course had reduced
tourism in the area. Mr Milne highlighted that the site was located within the Energetica
Corridor which sought development to keep to a design and sustainability vision and that
the application didn’t meet that criteria.
Mr Milne also stated that a proposal didn’t contain adequate proposals for the
infrastructure needed to support a development of that size and that the new proposal
tried to renegotiate or avoid the agreed infrastructure associated with that significant
development. The proposal failed to include the required grade separated junction on the
new Balmedie to Tipperty dual carriageway and that the development would inflict heavy
traffic in Balmedie. The lack of affordable housing was in direct breach of Scottish
Government Scottish Planning Policy.
Questions
Councillor Hood asked about a grade separated junction. Mr Milne responded that the
A90 grade separated junction had been proposed in the first scheme but the applicant
had refused to incur the costs. At the moment all traffic to that site would need to be
directed through Balmedie. Mr Ian Ross, Fairhurst Consulting Engineers, advised that the
grade separated junction had been considered as a part of the application but there was
no requirement for a grade separated junction. The proposal seeks to provide a
roundabout.
Thereafter, Mr Peter MacCallum, Roads Development Manager was asked for further
clarification who confirmed that his Team was currently working through the details of the
Transport Impact Assessment and had submitted a holding objection pending the supply
of further information including trip generation.
As there were no further questions, the Chair thanked Mr Milne for his presentation.
4. The Chair introduced Ms Rohan Beyts, whose statement is summarised below:
Ms Beyts said that the approval for the Trump development in the original proposal had
been on condition of strict phasing, with emphasis on the residential element being the
last phase of the development when all other elements had been delivered so the

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Item: 4
Page: 114

economic benefits would be felt, and the current application overturned this. Also
mentioning the massive economic benefits that were expected 10 years ago. The
current application not being a development of national importance and delivering a
much reduced estimate in terms of employment in comparison to the original application.
Ms Beyts said that the environmental assessment was limited and missed a number of
species. The application would damage to the environment including ancient woodland.
Ms Beyts added that the application should be rejected as it did not conform to the 2006
Outline Planning Permission nor the OP3 application in the Aberdeenshire Local
Development Plan 2017, which had only been approved the previous year after the
economic downturn which the applicant is using as justification. Also adding that the
design of the proposed housing scheme didn’t reflect the innovation and sustainability.
As there were no questions, the Chair thanked Ms Beyts for her presentation.
5. The Chair introduced Mr Bill Harrison, whose statement is summarised below:
Mr Harrison objected to the application in that it was not consistent with the approved
Menie Masterplan and the Aberdeenshire Local Development Plan 2017 with regards to
the site OP3 (Menie).
Mr Harrison quoted the Examination Report with regards to the Aberdeenshire Local
Development Plan which stated that the consent issued on 16 December 2008 had been
granted for reasons based on the future social and economic benefits of the proposed
development and the allocation did not offer or imply any support for alternative
development proposals that would have deviated away from the consented scheme
including the conditions and section 75 agreement that formed part of the outline
planning permission.
Mr Harrison added that the masterplan had been approved by Aberdeenshire Council as
a part of planning application APP/2010/0423 and Phase 2 of the development should
have alternated resort development with residential development to deliver the first
tranche of homes only after the first block of holiday apartments were completed. The
holiday apartments and villas were both to be occupied on a holiday letting or fractional
ownership basis. Mr Harrison said that the approved masterplan clearly stated that
construction of holiday apartments and tranches of 100 houses must alternate. The
current application made no mention of the holiday apartments. Mr Harrison commented
that the present application would be more profitable for the applicant but that cannot
override the masterplan conditions, which had been put in place to ensure that the
predicted social and economic benefits of the development would be attained.
There were no questions, so the Chair thanked Mr Harrison for his presentation.
6. The Chair introduced Mr Robert Menlove, whose statement is summarised below:
Mr Menlove said he stayed north of Menie Estate and mentioned that he fully agreed with
the comments made by preceding speakers by highlighting that the proposed
development was in breach of the planning conditions and section 75 agreement of the

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original outline planning permission. The original planning permission granted in
December 2008 had permitted the development of 500 homes to help to fund the
development of the rest of the resort and had included strict conditions in order to ensure
that the development of the 500 homes could only go ahead in return for the claimed
economic and social benefits. In his opinion, the developer wanted to proceed with
housing only before meeting their obligations to develop the rest of the resort and bring
the promised benefits to the region.
Mr Menlove said that the proposed development was not in accordance with the
Settlement Statement in the Aberdeenshire Local Development Plan 2017, Balmedie Site
OP3 and that the proposed development made no provision for affordable housing. The
proposed bedsits or key worker apartments did not meet the requirements for affordable
housing because they would be not open-market housing, but tied accommodation to the
resort. They were also too small and inadequate for young families.
Mr Menlove focused on the destruction of ancient woodland and other areas of mature
trees and hedgerows and referenced the latest report prepared by United Nations IPCC
(The Intergovernmental Panel on Climate Change) on climate change. Also stating that
the protection of Scotland’s natural environment was even more important.
Mr Menlove highlighted that the holiday lodges were located in close proximity to the
listed building which would change the setting of the building and no mitigation or
alternative locations are proposed.
Mr Menlove also mentioned that the proposed development failed to properly estimate
and address the huge increase of traffic, not only supply and service vehicles but also the
residents’ journeys by car. The initial outline planning permission required a grade
separate junction with the new A90 dual carriageway. Failure to address that condition
with the recent closure of the north Balmedie junction as part of the A90 dualling, would
impose a burden of traffic upon the old A90 through Balmedie to the new junction at the
south of the village.
Mr Menlove finds that the current application undermines the masterplan process and
there is no justification for 500 houses.
Questions:
Councillor Findlater asked if Mr Menlove had any more information on the destruction of
ancient woodland. Mr Menlove explained that he only had the details from the applicant’s
tree survey documents and added that the development would have significant impact on
loss of mature woodland on site.
Ms Eleanor Munro, Environmental Planner, added that this part of Menie Estate was
included in the Scottish Natural Heritage Ancient Woodland Inventory and the trees were
classified as Long Established Plantation Origin, albeit they had been planted 100s of
years ago. The Senior Planner added that the Forestry Commission had been consulted
and also identified the woodland as Long Established Planation Origin.
Councillor Stirling asked about the comment on the status of the Masterplan and
affordable housing. The Senior Planner explained that a Masterplan was approved in
2010 and would be a material consideration in the assessment and determination of this

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Page: 116

application. Ms Elaine Reid, Team Leader, Housing, added that in line with the original
application, the Housing Service was seeking to secure commuted payments in order to
address local housing need.
Councillor Forsyth asked about the key worker affordable apartments. Ms Elaine Reid
clarified that the developer proposes to use the 27 key workers units as a contribution
towards affordable housing. The Senior Planner added that the Housing Service would
require further details of this element before that could be considered as an affordable
housing contribution and that conversations were ongoing.
There were no further questions so the Chair thanked Mr Menlove for his presentation.
7. The Chair introduced Ms Valerie Banks, whose statement is summarised below:
Ms Banks objected to the application on both general and personal grounds by stating
that the original proposal was approved by Scottish Ministers with conditions that the
profitable open housing was delivered after completion of 2 golf courses, clubhouse, golf
academy etc, a 450-bedroom hotel with conference centre and spa, and 36 golf villas.
The housing elements were then to be phased alongside holiday apartments, with
completion of each block of 100 holiday units prompting the permission to build 100
houses for sale. Ms Banks said that the application sought to avoid the conditions and
agreements of the original planning permission, bringing the building of mainstream
housing first and removing the incentive to develop the resort in phases. It also replaced
the existing Masterplan which had been agreed with Aberdeenshire Council in 2010.
Ms Banks said that in the original application, the applicant promised an economic
benefit but, in her opinion, the figures given were not clear and a departure from the
Masterplan was a minimum benefit for the local economy.
Ms Banks said she had lived on estate for the past 35 years and bought the property in
the countryside to enjoy the access to the paths and tracks through the woodland and the
views from the house and garden. In her opinion the development proposed has poor
quality design and layout and would have an impact on the loss of woodland and
damaging impact on the visual landscape.
Ms Banks highlighted that there would be an adverse impact on infrastructure and
services in that there is a lack of healthcare in the area. Also, that traffic generated
would be routed through Balmedie. Again as previous speakers noted, highlighting the
requirement for the grade separated junction.
Ms Banks also added that the traffic on old A90 passing her house would increase again
after it decreased since the new Balmedie – Tipperty dual carriage way was opened and
highlighted that it had encouraged pedestrians and cyclists to use that quiet road.
There were no questions so the Chair thanked Ms Banks for her presentation.
8. The Chair asked the Councillors, speakers, and wider audience if they were
satisfied with the way in which the Hearing had been conducted and all indicated
that they were. The Chair thanked everyone present for their attendance and closed
the Hearing.

 APPENDIX 4

APP/2018/1814

Item: 4
Page: 117

Appendix 7: Belhelvie Community Council Response

BELHELVIE COMMUNITY COUNCIL
Planning Reporter
Terrapin House, Balmedie
ianadownie@btinternet.com

For the attention of Ms Ann Ramsay
Planning and Building Standards
Infrastructure Services
Aberdeenshire Council
45 Bridge Street
Ellon
AB41 9AA
8th October 2018
Dear Ms Ramsay
PROPOSED ERECTION OF 550 DWELLINGHOUSES, COMMUNITY FACILITIES,
DEVELOPMENT FALLING WITHIN CLASS 1, CLASS 2, CLASS 3, LANDSCAPING
AND SUPPORTING INFRASTRUCTURE at MENIE ESTATE, BALMEDIE
APPLICATION REFERENCE: APP/2018/1814
Belhelvie Community Council met, specifically, on the 3rd October 2018 to consider the
above planning application and to formulate a response that was comprehensive and
representative of the views expressed by all Community Council Members.
The approach adopted during the consideration of the proposal was to determine, in the
first instance, whether the proposal was compliant with the relevant provisions of the
local development plan. In that regard it was concluded that the proposal was
substantially non compliant with the relevant provisions of the local development plan.
Consideration was then given to any material considerations that might outweigh the non
compliance of the proposal with the relevant provisions of the local development plan and
thereby justify an exceptional approval as a departure from the plan. Again, the
unanimous view of the Members of the Community Council was that there were no
material considerations of sufficient substance to justify an exceptional approval of a non
compliant proposal as an a departure from the recently adopted Local Development Plan.
A reasoned justification is given below based upon the historical context of the Menie
development.
Scottish Ministers, in issuing a highly conditioned outline planning consent after a lengthy
public inquiry, determined that the prior delivery of a 450 bedroom resort hotel and staff
accommodation for 400 employees was the material consideration which justified the
granting of permission for the subsequent erection of no more than 500 houses. In
addition, and after the completion of the hotel and staff accommodation, a new grade

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separated junction to service the whole Menie development had to be constructed on the
recently completed Balmedie to Tipperty dual carriageway.
The outline consent and associated Section 75 Agreement contained phasing constraints
to ensure that the World Class Golf Destination Resort development was delivered as
promised by the promoter and developer during the Public Inquiry and only thereafter
would the developer be entitled or permitted to commence work on the housing element
of the proposal. In addition the developer was required to meet developer obligations
including the provision of a primary school, community facility contributions of
approximately £500,000 and 150 affordable houses.
The outline planning consent issued by Scottish Ministers was specifically conditioned to
require the submission of a substantial amount of additional information in the form of
reserved matters applications for the consideration of and approval by Aberdeenshire
Council. The outline planning consent was also specifically conditioned to prohibit any
work approved by Scottish Ministers commencing on site prior to the approval of all of the
reserved matters. Scottish Ministers imposed a deadline for the submission of all of the
reserved matters applications by no later than 15th December 2011.
The developer failed to submit reserved matters applications in respect of numerous
conditions imposed by Scottish Ministers and the outline consent duly lapsed on the 15th
December 2011. As a consequence the Section 75 Agreement and all of the conditions
annexed to the outline consent ceased to be enforceable by the Planning Authority from
that date onwards.
What has happened on the Menie Estate to date is unrelated to and not sanctioned by
the outline planning consent issued by Scottish Ministers. In 2016 a Reporter appointed
by Scottish Ministers reimposed the requirement that the conditions annexed to the
outline planning consent issued by Scottish Ministers and the obligations contained within
the associated Section 75 Agreement had to be met to secure development plan support
for any further development of the OP3 site in the adopted local development plan.
This latest stand alone application is premature in terms of the relevant policy statement
contained within the Local Development Plan. Those outstanding reserved matters
conditions require to be addressed before the possibility of any further development can
secure the support of the development plan to warrant an approval of a development
proposal. The demise of the 450 bedroom resort hotel and the staff accommodation are
acknowledged and this change in the development proposal should be ratified in the first
instance by appropriate planning applications to ensure that the principle of development
on this site can be reinstated and appropriate adjustments made to the Section 75
Agreement.
As the application stands it fails to comply in part or in whole with Conditions
2,3,4,5,6,7,11,12,14,15,16, 20, 23, 24,25,26,27,28,29,30,31,34,35,36,37(potentially), 38
(potentially), 39,42,43 and 46. In the absence of the ability to determine exactly what the
developer's overall intentions as far as the ultimate development of this site the
premature approval of further piecemeal applications would contravene the Local
Development Plan OP3 allocation statement.

 APPENDIX 4

Item: 4
Page: 119

As the application stands it fails to comply with the approved masterplan thus
contravening Policy P1. One of the many serious concerns of the Community Council is
the failure of the proposal to include the required grade separated junction on the new
Balmedie to Tipperty dual carriageway.
When the masterplan was approved by FAC it clearly indicated the required grade
separated junction which Scottish Ministers stipulated should be in place prior to the
commencement of any residential development on the site. When the stand alone
championship golf course application was under consideration by FAC in June 2011
concerns were raised regarding the delivery of the remainder of the development
including the hotel and staff accommodation.
An indicative timetable was submitted to FAC by the applicant which indicated that
construction on the hotel was to commence in Quarter 1 of 2013 with completion in
Quarter 4 in 2015. While this information was clearly false and misleading had it been
accurate it would have meant that all construction traffic for the hotel and staff
accommodation would have bypassed Balmedie altogether and entered the site directly
from what was then the old A 90. Had the timetable been followed then the subsequent
housing development would have been held back with commencement delayed until
quite recently when the grade separated junction at the Orrock crossing would have been
operational in compliance with the outline planning consent and Section 75 Agreement.
At no time did Scottish Ministers, Transport Scotland, Aberdeenshire Council or the local
community sanction or support the access arrangement now proposed purely to avoid
the cost of providing the grade separated junction deemed essential by Scottish
Ministers. The Old Road through Balmedie is incapable of accommodating the prospect
of up to ten years of constant construction traffic and between 450 - 500 vehicle
movements from residents during the peak morning and evening hours.
The TIA provided in support of the application negligently fails to acknowledge that the
old A 90 road through Balmedie was never potentially exposed to such substantially
adverse traffic impacts by the provisions of the outline planning consent or the Section 75
Agreement. The hotel development was never to be accessed through Balmedie but
directly from the old A 90 at Menie. There are absolutely no mitigating material
considerations that would warrant the imposition of such an adverse environmental
impact from this excessive level of traffic generation on the amenity of the residents of
Balmedie for the foreseeable future.
Approval of such an unacceptable access arrangement in circumstances where the
planning authority has no inkling as to the ultimate level of development that might come
forward on this site would be grossly incompetent not least because it would provide a
precedent to utilise the access for major golf tournaments which could attract upwards of
25,000 visitors to the Menie estate all accessing the site through the village of Balmedie.
The assertion that this scheme is the latest phase of the developer's inwards investment
to Scotland and that is a material consideration that would warrant approval of the
application as a departure from the Local development Plan should be treated with the
contempt it so obviously deserves. The investment in the proposed housing stock from
the 400 noted local interests alleged to exist by the developer's representative will take
the form of locally obtained mortgages or local purchasers' capital. The only international

 APPENDIX 4

Item: 4
Page: 120

financial element in the equation will be the repatriation of the development profit to the
USA.
The design of the individual buildings indicated in the application is a matter of concern.
The proposed Town Hall has been described aesthetically as 'Disneyland meets
Legoland'. This type of approach to the design of the development contravenes the
requirement within the Energetica Corridor of achieving the highest standards of design.
As the application currently stands Belhelvie Community Council is unanimously opposed
to its approval for the reasons provided above.
However, The BCC does acknowledge that economic circumstances have changed over
the past decade and that the resort hotel if indeed it ever was a genuine proposal is no
longer financially viable. It is also acknowledged that the site lies in the Energetica
corridor and could contribute to the delivery of some 500 houses but not at any cost.
BCC would readily support the 500 house proposal but only on the basis that the
Planning Authority ensures that any planning consent issued in respect of an application
for 500 houses is conditioned and subject to a Section 75 Agreement to secure the
following safeguards:
1. The grade separated junction on the A 90 Balmedie - Tipperty dual carriageway
must be constructed and operational prior to the commencement of any works
relating to the 500 house development;
2. No construction traffic will be allowed to utilise the old A 90 which runs through
Balmedie;
3. Prior to the issuance of any consent in respect of the 500 house development the
applicant will prepare and submit a new and revised masterplan for the entire
development for the consideration and approval of FAC:
4. Any consent issued in respect of the 500 house development must require the
developer to provide the primary school all as specified in the initial Section 75
Agreement entered into by the developer;
5. Any consent issued in respect of the 500 house development must require the
developer to make payments towards the provision of community facilities all as
detailed in the initial Section 75 Agreement entered into by the developer;
6. Prior to the detailed consideration of the 500 house proposal the developer must
enter into a design review process with the Planning Authority and Architecture
and Design Scotland. The development, thereafter, shall be carried out in
accordance with the approved designs;
7. The developer will provide 150 affordable houses integrated within the Menie
development in consultation with the Housing Authority.
Yours sincerely

Ian A Downie
Planning Reporter
Belhelvie Community Council

 Item: 4

 

 

APPENDIX 4 Page: 121
Appendix 8: Foveran Community Council Response
Ann Ram say
To: Flannim ElnlinI;I
Suture-5t: FW: 
Date: 05 Delilah-e1 10:31:13

 

Pleaae can thia be uploaded tn the above application.

Pram: Glen Deuglaa

Sent: til-3 EDIE 11331]

Ann Ramsay

Subject: Fie: 

Feweran Cnuncil have no objectinna tra this applicatl?n
Fiegarda

Glen Dnuglaa

Eecretary

Sent frem my iPa-El

 

 

APPENDIX 4
APP/2018/1814

Item: 4
Page: 122

Appendix 9: Map of Ramsar and Special Protection Area

Ramsar Site Name: Ythan Estuary and Meikle Loch
Special Protection Area Name: Ythan Estuary, Sands of Forvie and Meikle Loch
and Buchan Ness to Collieston Coast

 APPENDIX 4
APP/2018/1814

Appendix 10: Table listing all Consultees and
Recommendations

Consultee
Business Services
(Developer Obligations)
Education & Children’s
Services (Education)
Infrastructure Services
(Archaeology)
Infrastructure Services
(Economic Development)
Infrastructure Services
(Environment - Built Heritage)
Infrastructure Services
(Environment – Natural
Heritage)
Infrastructure Services
(Environmental Health)
Infrastructure Services (Flood
Risk and Coast Protection)
Infrastructure Services
(Housing)
Infrastructure Services
(Landscape Services)
Infrastructure Services
(Planning Policy)
Infrastructure Services
(Roads Development)
Strategic Development
Planning Authority (SDPA)
Infrastructure Services
(Transportation)
Infrastructure Services
(Waste Management)
Belhelvie Community Council
Forestry Commission
Foveran Community Council
Historic Environment
Scotland (HES)
National Health Service
(NHS)
Scottish Natural Heritage
(SNH)
Scottish Water
Scottish Environment
Protection Agency (SEPA)
Transport Scotland

Item: 4
Page: 123

Recommendation
No objection
No objection
No objection subject to condition
No objection
No objection subject to strategic planting
No objection subject to conditions

No objection subject to conditions
No objection subject to conditions
No objection
No objection
No objection
No objection subject to conditions
No objection
Objection
No objection
Objection
No objection subject to conditions
No objection
No objection
No objection
No objection
No objection
No objection subject to conditions
No objection

 APPENDIX 4
APP/2018/1814

Item: 4
Page: 124

Appendix 11: Balmedie Settlement Statement

BALMEDIE
Vision
Balmedie is a large village located roughly 5km north of Aberdeen, set between the A90 to the
west and the North Sea coast to the east. The settlement is characterised by the woodland
setting of Balmedie House and the long sand beaches of Balmedie Country Park. Balmedie is a
key settlement in both the Energetica area and the Aberdeen to Peterhead strategic growth area
(SGA). As such, Balmedie will play an important role in delivering strategic housing and
employment allowances. In line with the vision of Energetica, it is expected that new development
in Balmedie will contribute to transforming the area into a high quality lifestyle, leisure and global
business location. Balmedie is expected to become an increasingly attractive location for
development as the Aberdeen Western Peripheral Route reaches completion and decreases
commuting times to Aberdeen. It is important that the individual character of the village is retained
in the face of increased demand. The village currently has a range of services and facilities,
which should be sustained during the period of this plan. In addition, the plan will seek to improve
community facilities, including new health care provision.
Natural and Historic Environment
To the northeast of Balmedie is the Foveran Links Site of Special Scientific Interest (SSSI). Site
OP3 at Menie falls partly within this designated area. The Newburgh to Balmedie Local Nature
Conservation Site (LNCS) is to the east of the settlement. The north-east of site OP3 is partially
within the Foveran Links SSSI.
Settlement Features
Protected Land
P1 To conserve the area of open space and sports pitches as part of the green
network for the village.
P2 To conserve the woodland setting of the village as part of the green network for the
village.
P3 To conserve the area of open space.
P4 To conserve the land around the primary school.
Reserved Land
R1 For the route of the A90 trunk road scheme.
R2 For new community facilities, including a health centre.
Flood Risk
• Sites R1 and OP1 have a small watercourse running through the site. Site OP3 has
historical records of flooding from storm surge. A flood risk assessment may be required to
assess bridges and culverts as a possible source of flood risk.
Services and Infrastructure
• Strategic transportation: Contributions will be required for cumulative strategic
transportation improvements including interventions on the A90 and in Aberdeen City.
• Strategic drainage and water supply: An upgrade to the water supply infrastructure may be
required and a water impact assessment may be requested. There is insufficient capacity at
Balmedie Waste Water Treatment Works to treat all sites allocated at Balmedie, Belhelvie,
Newburgh and Potterton. Scottish Water will initiate a growth project, should demand from

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Page: 125

committed development exceed available capacity.
• Primary education: All residential development must contribute to a new primary school in
the catchment area.
• Community facilities: All residential development may be required to contribute towards
facilities that serve the community in Balmedie or towards facilities in the wider catchment
area at Ellon. These may be identified in the Community Plan or relevant Community Action
Plan.
• Sports and recreation facilities: All residential development may be required to contribute to
indoor and outdoor sports and learning facilities in Balmedie or towards facilities in the
wider catchment area at Ellon. These may be identified in the Community Plan or relevant
Community Action Plan.
• Waste and recycling: All development must contribute to a household waste and recycling
centre in Balmedie.
• Health facilities: All residential development must contribute to a new health centre at
Balmedie, located on the R2 site.
• Open space: If not provided on site, open space contributions from new residential
developments should be directed towards improvements of facilities on the Oldmill
Crescent Amenity Space, to a new cycle track to the football pitches near the beach with
the town, to new green network links between Old Aberdeen Road and Keith Avenue, and
also towards new green network links through the beach along the Eigie Burn. There is a
need for a burial ground in the settlement.
Allocated Sites
OP3: Menie
Allocation: Allocation: Two 18-hole golf courses (a championship links course and a second
course); a golf clubhouse, golf academy and ancillary buildings; a driving range and short game
practice area; a resort hotel (450 rooms) with conference centre and spa; 36 ‘golf villas’;
accommodation for 400 staff (all of the foregoing comprising ‘phase 1’); 950 holiday apartments
in four blocks; up to 500 houses and community facilities.
This is a new allocation which has been included because there is an active outline planning
permission (under reference APP/2006/4605) for its development as described above. The
outline consent issued on 16 December 2008 was granted for exceptional reasons based on
the predicted social and economic benefits of the proposed development. This allocation does
not therefore offer or imply any support for alternative development proposals that would
deviate away from the consented scheme including the conditions and section 75 agreement
that form part of the outline consent. A masterplan has been approved by Aberdeenshire
Council as part of planning application APP/2010/0423.
The site is environmentally sensitive and the northern part of the site is within the Foveran
Links Site of Special Scientific Interest. It will be essential for robust environmental
assessments to inform detailed development proposals and to ensure necessary environmental
safeguards are in place. Environmental assessments and management plans concluded some
years ago may require to be revised, updated, extended or amended.
A detailed phasing plan for the whole site is required. Phase 1 must be complete before the
construction of any private housing will be permitted. Phase 2 of the development should
alternate resort development with residential development to deliver the first tranche of homes
only after the first block of holiday apartments are completed. The holiday apartments and the
golf villas are both to be occupied on a holiday letting or fractional ownership basis. A primary
school, appropriate community facilities and affordable housing are required, and the timing
and means of securing their delivery must be agreed by Aberdeenshire Council. Hard and soft

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landscaping schemes are necessary.
A detailed programme of road and transport improvements will be required in regard to all
phases of development. Modifications to a number of road junctions in the area will be required
in accordance with a transport assessment for the development. The development will need to
be supported by a comprehensive travel plan and new or extended bus services must be
provided. Beyond phases 1 and 2 a grade separated junction with the A90(T) will be required to
be completed before any further development is permitted to be occupied. Access plans are
necessary to safeguard public access.
A design review process will be required and Architecture and Design Scotland or the
Aberdeen City and Shire Design Review Panel may be asked to participate in this review
process. Design briefs and a construction method statement are required.
A development impact assessment for foul drainage and water supply, and a site water
management plan is required. A scheme for monitoring, evaluation and mitigation of local water
quality must be approved for each stage of the development. Waste management plans will be
required. A flood risk assessment may be required.

 Item: 4
Page: 127

APPENDIX 4

 





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Page: 128

 

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APPENDIX 4
APP/2018/1814

Appendix 12: List of OPP Conditions

Condition
APP/2006/4605 Conditions
Number
1
Application for approval of reserved matters shall be made to
the planning authority within 3 years beginning with the date
of this outline planning permission.
2

3

Item: 4
Page: 129

Discharged
N/A
Explanatory
Condition

That the development hereby granted shall be begun on or
N\A
before whichever is the latest of the following two dates:
Explanatory
(i) The expiration of five years beginning with the date of the Condition
outline planning permission; or
(ii) The expiration of two years from the final approval of the
reserved matters or in the case of approval on different dates,
the final approval of the last such matters to be approved.
No works in connection with the development hereby
Part
approved shall take place unless full details of the siting,
Approved
design, external appearance and landscaping of the
development and the means of access serving the
3(i)
development (hereinafter referred to as the Reserved
3(ii)
Matters) have been submitted to and approved in writing by 3(iii)
the Planning Authority.
3(viii)
The reserved matters shall include:
3(x)
i.A masterplan for the whole development;
3(xi)
ii. Details of all cute and fill operation in the construction
of the golf courses;
iii. For the championship golf course, a full topographical
survey of the site as existing and as proposed,
including all engineering works, site levelling and any
other works required for the formation of the course;
iv. For the remainder of the site, a detailed levels survey
(existing and proposed) and cross sections showing
proposed finished ground and floor levels of all
buildings forming part of the development, relative to
existing levels and a fixed datum point;
v. Full details of the proposed means of disposal of foul
and surface water from the development;
vi.A phasing plan for the whole site;
vii. The siting, design, height and external materials of all
buildings or structures;
viii. The details of all roads, footpaths and cycleways
throughout the development;
ix.Details of any screen walls/fencing to be provided;
x. Measures to maximise environmental sustainability
through design, orientation and planting or any other
means, including an Index 21 assessment; and
xi. Details of all landscaping, planting and screening
associated with the development.

 APPENDIX 4
4

5

6

7

Item: 4
Page: 130

The masterplan to be submitted under the terms of condition Approved
3 shall include all elements of the proposed development and
in addition shall:
i. Include the provision of appropriate community
facilities
ii. Identify and safeguard the favoured foraging routes and
areas for badgers and connections to their setts: and
iii. Safeguard the sites identified for artificial otter holts
together with otter foraging routes and areas, and
resting places.
In addition, the detailed design and construction methods for
the built elements of the development shall implement the
advice of the planning authority, in consultation with SNH, in
relation to provision for bats and for barn owls.
Prior to the commencement of any works in connection with Requirement
the development hereby approved (apart from the formation to satisfy not
of the championship golf course) and to allow for an
triggered
appropriate design framework, the developer shall enter into
a design review process with the planning authority, in
consultation with Architecture and Design Scotland. Once a
design has been approved following this process the
development shall be carried out in accordance with the
approved design.
Notwithstanding the details on the indicative masterplan
Explanatory
(Figure 3.1 of the environmental statement) and prior to the Condition
commencement of any works in connection with the area
however
covered by the particular brief (apart from the formation of the Requirement
championship golf course), two development briefs, as
to satisfy not
detailed below, shall be prepared for the further approval of triggered
the planning authority.
The briefs shall specify:
i.The height and appearance of all new structures;
ii.
The use of appropriate external materials including
walls, fences and boundary enclosures;
iii.
The surfacing of all new roads, parking areas,
cycleways and footpaths;
iv.The lighting of all streets and footpaths; and
v.
The maintenance of all open space and treed areas
not included in private house plots.
The briefs shall be prepared for the following areas within the
site:
vi.The areas proposed for private housing for sale; and
vii.All other buildings within the development site.
The briefs shall incorporate the outcome of the design review
process required under condition 5 above. Once approved, all
development in the respective areas shall be carried out in
accordance with the approved briefs.
Prior to the start of any work on the site, an agreed
Explanatory
construction programme shall accord with the phases
Condition
outlined below. For the avoidance of doubt, phase 1 of the

 APPENDIX 4

8

9

10

Item: 4
Page: 131

development comprises the championship golf course,
maintenance building, clubhouse, starters hut, caddy shack,
practice facilities, driving range, hotel, 36 ‘golf villas’ and staff
accommodation and phase 2 of the development
compromises the first block of holiday apartments to be
completed:
i. Phase 1 of development must be complete before the
start of construction of any of the private houses on
site;
ii. One of the blocks of holiday apartments (phase 2) shall
be completed prior to work commencing on the
construction of any private houses;
iii. The construction of the second block of holiday
apartments shall commence prior to the completion of
the 101st private house shall be completed prior to work
commencing on the construction of the 151st private
house;
iv. The construction of the third block of holiday shall
commence prior to the completion of the 201st private
house and shall be completed prior to work
commencing on the construction of the 251st private
house;
v. The construction of the fourth block of holiday
apartments shall commence prior to the completion of
the 301st private house and shall be completed prior to
work commencing on the construction of the 401st
private houses.
Once approved, the development shall proceed in
accordance with the approved construction programme,
unless otherwise agreed in writing by the planning authority.
No works in connection with the development hereby
Explanatory
approved shall take place until such time as bonds have been Condition
concluded to the satisfaction of and lodged with the planning
authority. The bonds shall be in such terms and of sufficient
value to ensure that:
i. The landscaping works required under condition 29
below can be completed in full.
ii. To ensure that any land upon which works have been
undertaken to construct the championship golf course
can be restored in accordance with a scheme to be
agreed by the planning authority in consultation with
SNH.
The championship golf course hereby permitted shall be
Approved
constructed in accordance with the drawing entitled Golf
Masterplan, drawn by Hawtree Ltd, dated Feb 2008,
submitted as a document to the public inquiry as plan T2,
unless otherwise agreed in writing by the planning authority,
in consultation with SNH.
No provision shall be made for mechanical/electrical golf
Explanatory
buggies to be used on the championship golf course.
Condition

 APPENDIX 4
11

12

Item: 4
Page: 132

Prior to any works commencing in relation to either golf
Approved
course, an Environmental Management Plan prepared to an
industry-recognised standard (either IS400001 or the
European standard EMAS) shall be submitted to and
approved in writing by the planning authority, following
consultation with SNH. The plan shall relate to both the
construction and operational phases of the development and
shall include full details of:
i. Methods and areas of stabilisation within the dune
systems
ii. Routing of the course including reference to tracks,
paths and any other ancillary requirements
iii. Specification of grass types, vegetation and seed mixes
to be used and identification of planting areas
iv. Compliance with best practice standards in relation to
soil and turf stripping and storage and provision of
details on areas for storage
v. Identification of areas and methods for translocation of
habitats
vi. A phasing plan, specifying timing and durations of
construction aspects in relation to each course
vii. A turf management plan, with full details of fertilisers,
herbicides and pesticides, including type, rates of
application, duration and method
viii. Management of areas of fairway, greens, tees,
transition rough and rough, including mowing/grazing
regimes, with details of disposal of mown clippings
ix.water irrigation and abstraction rates: and
x. identification of the proposed number of rounds per
annum, by an agreed date per annum for the first 10
years of operation of each course.
The development of each course shall thereafter be
undertaken in accordance with its approved Environmental
Management Plan, which shall also include a formal reporting
and review process.
Prior to the commencement of any works in connection with Approved
the development hereby approved, the developer shall submit
the terms of reference for an Ecological Clerk(s) of Works for
the written approval of the planning authority, following
consultation with SNH. Such terms of reference shall include
the length of time that the Ecological Clerk(s) of Works shall
be appointed. Thereafter the developer shall appoint a
suitably qualified Ecological Clerk(s) of Works (to be funded
by the developer). The person(s) who is/are appointed shall
be approved in writing in advance by the planning authority,
in consultation with SNH. Subsequently, the developer shall
maintain the appointment of the Ecological Clerk(s) of Works
for the site, who shall act in accordance with their approved
terms of reference.

 APPENDIX 4

Item: 4
Page: 133

13

Prior to the commencement of any works in connection with Approved
the development hereby permitted, the extent of the coastal
dune ridge shall be defined on a plan to be submitted to and
approved in writing by the planning authority, in consultation
with SNH. Thereafter, the coastal dune ridge, as defined on
the approved plan, shall be protected from all works
associated with the creation of the golf courses and their
future management, and shall remain as such in perpetuity to
the satisfaction of the planning authority.

14

Trees survey shall be carried out and submitted for the
Approved
consideration and written approval of the planning authority
for the area of the championship golf course and for the
remainder of the site. In the case of the championship course,
the survey shall be submitted prior to the start of work on that
part of the site. The other survey shall be submitted prior to
the start of work on the remainder of the site. The tree
surveys shall identify existing tree species, including and
estimation of their height and spread of branches, and plot
their location within the site accurately, to the satisfaction of
the planning authority. Those trees which is proposed to
retain or to fell and remove shall be separately identified. No
tree shall be removed without the express consent of the
planning authority.
No works shall start on the relevant parts of the site unless
Approved
the trees to be retained as identified in the surveys to be
submitted and approved pursuant to condition 4 above have
been protected by suitable fencing in accordance with
BS5837 2005 (Trees in Relation to Construction). The details
of the protective fencing and its location shall be first
submitted to and agreed in writing by the planning authority.
No materials, supplies, plant, machinery, soil heaps, changes
in ground levels or construction activities shall be permitted
within the protected areas without consent of the planning
authority and no fire shall be lit in the position where the
flames could extend to within 5 metre of foliage, branches or
trunks.
Prior to the commencement of any works in connection with Approved
the development hereby permitted and notwithstanding the
details on the submitted plans, a plan showing the extent of a
buffer zone to be created around the area of ancient
woodland shall be submitted to and approved in writing by the
planning authority and thereafter no development shall take
place within the area so defined.
Prior to commencement of any works on site a plan showing Approved
the location of pond PN8 as labelled in the environmental
statement and a 20 metre wide protection zone around it shall
be submitted to and approved in writing by the planning

15

16

17

 APPENDIX 4

18

19

20

21

22

23

Item: 4
Page: 134

authority and thereafter no development shall take place
within the area specified.
Prior to the commencement of any works on site a bryophyte Approved
survey and mitigation plan(s) shall be submitted to and
approved in writing by the planning authority, following
consultation with SNH. Once approved, the mitigation plan(s)
shall thereafter be complied with.
Prior to the commencement of any works on site and with
Approved
reference to condition 4 above, management plans for otter
and badger shall be submitted to and approved in writing by
the planning authority, in consultation with SNH. Thereafter
the approved plans shall be complied with during the
construction works and during the operation of the golf
resort.
Prior to the commencement of any works on site and with
Approved
reference to condition 4 above, habitat management and
enhancement plans, incorporating mitigation and
compensatory measures for birds, bats, invertebrates and
plants, shall be submitted for the further written approval of
the planning authority, in consultation with SNH. For bats, the
works on site shall include the felling of any trees, which shall
first be surveyed for the presence of bats. Thereafter, the
approved plans shall be complied with during the construction
works and during the operation of the golf resort.
Prior to the commencement of any development on the site, Approved
details of a goose management scheme for pink footed geese
shall be submitted to and approved in writing by the planning
authority, following consultation with SNH and CAA. The
approved scheme shall be implemented in its entirety in
accordance with the approved details.
Prior to the commencement of any development on the site, Approved
details of mitigation measures to reduce bird disturbance in
the Ythan Estuary, Sands of Forvie and Meikle Loch SPA
shall be submitted to and approved in writing by the planning
authority following consultation with SNH and BAA. Amongst
other things, these measures shall compromise: the provision
within the application site, or other areas owned or controlled
by the developer, of appropriate forms of open space; the
improvement of access on the Menie Estate; and the
enhancement of the recreational attraction and capacity of
existing semi-natural open space on the estate. The
measures shall thereafter be implemented in their entirety in
accordance with the approved details.
Prior to the submission of any application for reserved
Requirement
matters for any of the buildings, development impact
to satisfy not
assessments for foul drainage and water supply shall be
triggered
submitted for the further written approval of the planning
authority, in consultation with Scottish Water. Thereafter, no
development pursuant to this planning permission shall take

 APPENDIX 4

24

25

26

27

28

Item: 4
Page: 135

place until plans indicating all details of: the proposed sewage
disposal/drainage facilities; provision for surface water
disposal; and the proposed water supply have been
submitted to and approved in writing by the planning
authority, in consultation with Scottish Water and SEPA.
Site Water management plans for; (a) the championship golf Part
course; and (b) the remainder of the development site; shall Approved
be submitted to and approved in writing by the planning
authority in consultation with SEPA and SNH. In the case of 4(a)
the championship golf course, the plan shall be submitted
and approved prior to the start of work on that part of the site.
The other site water management plan shall be submitted
and approved prior to the start of work on the remainder of
the site. The plans shall include: full details of foul water
disposal; the proposed means of disposal of surface water
from the development; any water abstraction; and any
irrigation. Unless otherwise agreed in writing by the planning
authority, surface water shall be disposed of via the use of
sustainable urban drainage systems. Once approved, the
works shall be implemented in accordance with the agreed
plans.
Foul drainage from the site shall be drained to the mains
Requirement
sewerage system by means of adoptable sewerage and plant to satisfy not
the details of which shall be submitted to and approved in
triggered
writing by the planning authority in consultation with Scottish
Water, and thereafter complied with.
Details of the location and configuration of all sustainable
Approved
urban drainage systems to be provided on the site and the
arrangements for the maintenance thereof, shall be submitted
and approved in writing by the planning authority, in
consultation with SEPA and Scottish Water. In the case of the
championship golf course, the details shall be submitted and
approved prior to the start of work on that part of the site.
Details for the remainder of the site shall be submitted and
approved prior to the start of work on the remainder of the
site.
Where any watercourse crossings are required, watercourses Approved
will be bridged and not culverted. No part of the bridge
structure shall lie within the banks or bed of the watercourse.
Details of the proposed water crossings shall be submitted as
part of the reserved matters application(s).
Prior to the commencement of any development, a scheme Approved
for monitoring, evaluation and mitigation measures in relation
to local water quality shall be submitted to and approved in
writing by the planning authority, following consultation with
SEPA. Once approved, these measures shall be complied
with during construction works and the operation of the golf
resort.

 APPENDIX 4
29

30

Schemes of hard and soft landscaping works shall be
submitted to and approved in writing by the planning
authority. In the case of the area covered by the
championship golf course, the scheme for that are shall be
submitted and approved before works start on that part of the
site. In the case of the rest of the development area, the
scheme for the whole remaining area shall be submitted and
approved before any work starts on any part of the rest of the
site. The landscape schemes shall be linked to the agreed
phasing plan submitted and approve pursuant to condition 7
above.
Details of the schemes shall include:
i. existing and proposed finished ground levels relative to
a fixed datum point;
ii. existing landscape features and vegetation to be
retained;
iii. existing and proposed services including cables,
pipelines and substations;
iv. the location of new trees, shrubs, hedges, grassed
areas and water features;
v. a schedule of plants to comprise species, plant sizes
and proposed numbers and density;
vi. the location, design and materials of all hard
landscaping works including walls, fences, gates, any
other means of enclosure, street furniture and play
equipment;
vii. an indication of existing trees, shrubs and hedges to be
removed
viii. a programme for the completion and subsequent
maintenance of the proposed landscaping.
All soft and hard landscaping proposals shall be carries out in
accordance with the approved scheme and shall be
completed during the planting season immediately following
the commencement of the development on that part of the
site, or such other date as may be agreed in writing with the
planning authority.
Any planting which, within a period of 5 years from the
completion of the development, in the opinion of the planning
authority is dying, has been severely damaged or is
becoming seriously diseased, shall be replaced by plants or
similar size and species to those originally required to be
planted.
No works in connection with the development hereby
approved (with the exception of the championship golf
course) shall take place unless details of the location and
nature of public open space to be provided within the
development as a whole, and the arrangements for the
maintenance thereof, have been submitted to and approved
in writing by the planning authority.

Item: 4
Page: 136

Approved

Requirement
to satisfy not
triggered

 APPENDIX 4
31

32
33

34

Item: 4
Page: 137

As part of the masterplanning exercise required by condition Explanatory
3(i), a plan shall be submitted to and approved in writing by Condition
the planning authority, in consultation with the relevant
recreational and community interests, which sets out both the
broad approach and details of how the developer will meet its
obligations under Section 3 of the Land Reform (Scotland)
Act 2003. This plan shall ensure that public rights of access
are maintained over the development area in accordance with
that Act.
In particular, the plan shall:
i. describe action to compensate for losses arising from
conversion of land to golf course use
ii. describe how existing routes across the sites used by
the public at present will be affected and how they will be
retained or replaced
iii. integrate provision for access across all sectors of the
public who are participating in open-air recreation –
those at the resort, the visiting public and local
residents;
iv. show any routes proposed for promoted public access,
and provide details on how these routes will be
constructed and implemented
v. provide details of how cyclists, horse riders and all ability
use will be accommodated;
vi. provide details and specifications for the provision of
ancillary facilities such as parking, information boards
and way-marking;
vii. provide details of a maintenance regime for the
foregoing, including a mechanism for liaison over access
with the local authorities, local community interests and
the local access forum, as appropriate:
viii. describe in general terms how access might be affected
by any social events taking place at the resort;
ix. describe in general how the needs of any community
events that impinge on the development area will be
accommodated; and
x. address how access will be accommodated during the
construction phases.
No more than 500 houses for private sale shall be built under Explanatory
the permission herby granted.
Condition
The ‘golf villas’ and holiday apartment buildings hereby
Explanatory
approved shall be occupied on a holiday letting or fractional Condition to
ownership basis only, and none of these units of
be adhered
accommodation shall be occupied by any group or individual to in
for more than a total of 12 weeks in any calendar year.
perpetuity
No development shall commence (except works related to the Requirement
construction of the championship golf course) until the
to satisfy not
following details are submitted to and approved by the
triggered
planning authority, in consultation with Transport Scotland:

 APPENDIX 4

35

36

37

38

Item: 4
Page: 138

i. plans showing the extent of the modifications proposed
on the A90(T), necessary to mitigate the traffic
implications of phases 1 and 2 of the development (as
defined in condition 7 above), including mitigation works
at the A90(T) Parkway/A956 roundabout, the A90(T)
Ellon Road/B999 roundabout and the A90(T)
Parkway/Scotstown Road roundabout;
ii. the [provision of new or extended bus services to serve
the development, including details of operating hours,
frequency of service, route and timescale for
introduction, together with evidence of an agreement
with a public transport operator to provide the service(s),
(in accordance with the proposed service outlined within
the Fairhurst Transport Report, dated April 2008);
iii. a comprehensive Travel Plan that’s sets out proposals
for reducing dependency on the private car, which shall
identify measures to be implemented; the system of
management, monitoring, review and reporting; and the
duration of the plan; and
iv. the road lighting/road drainage.
The development hereby permitted shall not be occupied until Requirement
the existing A90 (T)/ Hill of Menie Access has been
to satisfy not
permanently closed and the A90 (T) road properly reinstated. triggered
No additional development on the remainder of the site shall Requirement
be occupied over and above that identified in phase 1 and
to satisfy not
phase 2 (as defined in condition 7 above) until after the
triggered
opening of the new A90 (T) Balmedie to Tipperty dual
carriageway upgrade and the construction of an additional
grade separated junction in the vicinity or Orrock House north
of Balmedie Village, to serve the development directly from
the new dual carriageway. Plans showing the additional grade
separated junction shall be submitted to and approve by the
planning authority, in consultation with Transport Scotland,
prior to the start of development on the remainder of the site.
Prior to the occupation of Phase 1 of the development
Requirement
hereby permitted (as defined in condition 7 above), the
to satisfy not
following road works shall be implemented to the satisfaction triggered
of the planning authority, in consultation with the Transport
Scotland, and in accordance with detailed plans first
approved by the planning authority under condition 34 above:
i. the proposed A90(T)/ development access roundabout;
ii. the modifications to the A90(T) Ellon Road/B999
roundabout; and
iii.the approved mitigation proposals to the A90(T)
Parkway/A956 roundabout.
Prior to the occupation of Phase 2 of the development hereby Requirement
permitted the approved mitigation proposals to the A90(T)
to satisfy not
Parkway/Scotstown Road roundabout. Shall be implemented triggered
to the satisfaction of the planning authority, in consultation

 APPENDIX 4

39

40

41

42

43

44

45

Item: 4
Page: 139

with Transport Scotland and in accordance with detailed
plans first approved by the planning authority under condition
34 above.
Before each phase of the development is first occupied, the Explanatory
agreed bus services referred to in condition 34 above shall be Condition
introduced.
No works shall take place within the development site until
Approved
the developer has secured the implementation of a
programme of archaeological works in accordance with a
written scheme of investigation which has been submitted by
the applicant, as agreed by Aberdeenshire Council
Archaeology Service and approved by the planning authority.
Thereafter the developer shall ensure that the approved
programme of archaeological works is fully implemented and
that all recording and recovery of archaeological resources
within the developmental site is undertaken to the satisfaction
of the planning authority, in consultation with Aberdeenshire
Council Archaeology Service.
Details of any external lighting installation that may illuminate Requirement
any part of the golf courses and any other golf related
to satisfy not
development shall be submitted to and approved in writing by triggered
the planning authority, in consultation with SNH prior to its
installation. Once approved, the approved lighting installation
shall be implemented as part of the works on site.
A lighting scheme for the remainder of the development site, Requirement
other than the golf courses and ancillary golf facilities, shall to satisfy not
be submitted to and approved in writing by the planning
triggered
authority before the installation of any such lighting. Once
approved, the approved lighting installation shall be
implemented as part of the works on site.
Waste management plans, incorporating on-site disposal,
Part
shall be submitted to and approved in writing by the planning Approved
authority, in consultation with Environmental Health. These
plans shall be prepared for:
43(i)
i.the championship golf course; and
ii.the remainder of the development site.
In the case of the championship golf course, the plan must be
submitted and approved before works start on that part of the
site. In the case of the remainder of the development site, the
plan must be submitted and approved before works
commence on any part of the site, apart from the
championship golf course. Once approved, the provisions of
the approved plans shall thereafter be complied with.
Details of any micro wind turbines to be installed as part of
Requirement
the development hereby approved shall be submitted for the to satisfy not
further approval of the planning authority in consultation with triggered
the CAA and thereafter complied with.
Any plant and equipment, such as air conditioning,
Explanatory
mechanical extraction, air receiver etc, must be designed and Condition

 APPENDIX 4

46

Item: 4
Page: 140

installed so as to prevent noise disturbance to adjoining
properties.
Prior to works commencing on any part of the site, detailed
Pending construction method statement, which shall take account of Current
the environmental management plan for the site and the
Planning
individual species and habitat management plans, shall be
Application
submitted to and approved in writing by the planning
submitted to
authority, following consultation as appropriate with SNH,
address this
SEPA, Environmental Health and Transport Scotland.
matter.
The method Statement shall include:
i. details of buffer zones, public arrangements during
construction, signage details and car parking for
construction workers;
ii. details of storage areas to be utilised during the
construction period, which shall not be on the site
access or any other access roads serving the
development;
iii. details of the installation of an effective wheel washing
facility, which shall be retained in working order
throughout the construction period on a particular part
of the site and used such that no vehicle shall leave the
site carrying earth and mud in its wheels in such a
quantity which causes noise or hazard on the road
system in the locality;
iv. details of dust suppression measures to be employed
at the site during the construction period;
v.proposed hours of working;
vi. details of any proposed construction access routes;
and
vii. details of a soil and sand management plan, which
shall include maximum reuse of sand and soil within
the site.
Once approved the construction of the development on the
site shall be undertaken entirely in accordance with the
provisions of the approved method statement, which shall be
reviewed prior to the commencement of each phase of
development and amended as required with the written
approval of the planning authority and following appropriate
consultation.

 APPENDIX 4
APP/2018/1814

Appendix 13: Table showing all development granted, delivered
and pending delivery

Development Granted
(LDP Settlement
statement allocation)
Two 18-hole golf courses
(a championship links
course and a second
course); a golf
clubhouse, golf academy
and ancillary buildings; a
driving
range and short game
practice area; a resort
hotel (450
rooms) with conference
centre and spa; 36 ‘golf
villas’;
accommodation for 400
staff (all of the foregoing
comprising
‘phase 1’); 950 holiday
apartments in four blocks;
up to 500
houses and community
facilities.
∗

Item: 4
Page: 141

Development Delivered
on site to date

Development pending
delivery *

Championship Golf Course Extension to MacLeod
House to provide
Banqueting
Accommodation for 400
guests, 6 additional hotel
rooms and gym
Driving Range, Short
Second Golf Course
Game Area, Putting Green
and Turf Nursery
Golf Maintenance Facility
Up to 500 residential units
Marketing Suite
Minimum of 50 leisure
resort units
Access Way
Community facilities (town
hall and gym)
Golf Clubhouse and Car
Shops
Park
Country Hotel + Lodge
Offices
accommodation (21
rooms)
Food and Drink uses

Development either approved but not yet implemented or currently pending decision.

 APPENDIX 4
APP/2018/1814

Item: 4
Page: 142

Appendix 14: Design Review Panel Note

Aberdeenshire Design Review Panel
22 January 2019
Ref:

APP/2018/1814

Proposal:

Erection of 550 Dwellinghouses (Up to 500 Residential Units and a
Minimum of 50 Leisure/Resort Units), Community Facilities (Class 10 Nonresidential Institutions and Class 11 Assembly and Leisure), Development
Falling Within Class 1 (Shops), Class 2 (Financial, Professional and Other
Services), Class 3 (Food and Drink), Landscaping and Supporting
Infrastructure

Address:

Land At Menie Estate, Balmedie, Aberdeenshire, AB23 8YE

Panel:

Harry McNab, Ian Fraser, Janet Benton, Mark Donaldson, Stephen Bridges
(A list of the Panel Members qualifications has been appended to this note)

Officers:

Mairi Stewart (Chair – Planning Manager), Ann Ramsay (Case Officer –
Senior Planner), James Hewitt (Planner – Minutes)

Applicant:

Andy McNair, David Strathdee, Duncan Colin

Observing: Robert Gray (Head of Planning and Building Standards), Ruth O’Hare
(Principal Solicitor), Darren Ross (Team Manager – Buchan and
Formartine)
Introduction
The Chair introduced the Panel and those in attendance. The Chair outlined that her role
was to facilitate the process and not to become involved in the discussion that her role
was to seek consensus as necessary on issues arising and ensure the resulting report
reflects the independent view of the Design Review Panel.
The main outcome of the Panel meeting would be a report outlining the matters
discussed.
Panel members had no conflicts of interest to declare.
The role of the Panel was outlined as one of assisting those responsible for the
development of the built environment and in this instance the main aims being the
improvement of the quality of design within Aberdeenshire by offering independent,
constructive yet impartial and informed advice on the design quality of proposals.

 APPENDIX 4

Item: 4
Page: 143

Developer’s Presentation
The developer’s architects (David Strathdee) provided an extensive presentation to the
panel, which outlined:
-

An overview of the proposed development and the wider Menie Resort Complex.
The approach to designing the development.
Inspirations behind the scheme.
The influence of New Urbanism.
The importance of McLeod House and the surrounding landscaping to the success
of the development and in particular Chapter 1A.

Particular reference was made to the importance of the access points, which informed
the initial road layout of the scheme. From this natural landscape features (Tree belts,
water features etc.) and built heritage features were factored in. Development blocks – or
‘chapters’ were identified. The principles of New Urbanism informed the placement of
houses within Chapter 1A and the development of the lane system.
Panel Queries
Following the Presentation on behalf of the Developer, the panel asked a number of
questions. The questions and answers identified a number of key matters for
consideration, which are outlined below:
i)
ii)
iii)

iv)
v)
vi)

vii)
viii)

ix)

The area of the development was queried and identified (in terms of the red line
boundary, the detailed chapters and in the context of the wider resort complex)
The timescale of the development was queried and clarified. It was noted that the
development is likely to span multiple LDP periods.
Affordable Housing was discussed. It was noted that Aberdeenshire Council’s
Housing Service are not seeking onsite contributions for these detailed chapters,
however this may be required for future chapters. Discussions are ongoing.
The importance of highlighting the key characteristics of the Tree belts was
highlighted.
It was advised that further information on the treatment of tree belts (removal,
retention and protection) would be of benefit.
There was a degree of confusion surrounding the loss of trees and whether
mitigation would be provided. The agent stated that there would be no net loss of
trees. Further details of mitigation would be helpful – notably compensatory
planting.
The matter of quality vs quantity was raised in relation to tree belts. Efforts should
be made to retain high quality specimens.
It was noted that it would appear that there is capacity to develop the site without
detriment to the mature tree belts, and various associated designations. This could
be considered and the impact of tree loss and the proposed relationship should be
graphically demonstrated.
The significance of the tree belts to the setting of the B listed McLeod House was
noted. At present the trees create an identifiable place around McLeod House –
the proposal risks replacing an established place with a new one, with little
connection to the original.

 APPENDIX 4
x)

xi)

xii)

xiii)

xiv)

xv)
xvi)

xvii)

xviii)

xix)
xx)

xxi)

Item: 4
Page: 144

The matters surrounding landscape would benefit from further detailed
information, in terms of a landscape strategy, clearer communication of how the
design process has been shaped by and has taken account of the existing
landscape features and better visual representations of the proposed scheme and
its impacts. Graphic demonstration would be helpful. Overall the application is
‘light’ on detail and this should be addressed in a comprehensive Landscape
Strategy.
The development would appear to have a number of hard edges, which could
benefit from a softer transition into the landscape. While it is appreciated that the
development site as a whole may address this issue, consideration should be
given to how each chapter would sit within the landscape.
The use of a significant amount of back lanes, particularly as the primary
pedestrian routes across the site was raised. The layout showed a lot of ‘dead
edges’, backs of houses in public view. Concerns exist over the perception of
safety, due to a lack of natural surveillance and overlooking. The developer
advised that inspiration had been taken from a Chapleton, where lanes have been
used successfully. This should be elaborated upon and again graphic
demonstration would be helpful to justify the approach.
The use of dual aspect or double fronted properties was raised in order to prevent
back lanes from feeling as though they were an afterthought, although bearing this
in mind, the properties must remain legible for visitors (i.e. it should be clear where
the primary entrance to the property is).
Boundary treatments should be given consideration, particularly within the lane
system. Variation should be evident to in order to prevent a monotonous or
uninteresting street scene. Consideration should be given to ensuring back
gardens interact with the lane system (i.e. lower fences, gates etc) in order to
encourage social interaction. Overall a clearer demonstration of how the ‘back
lane’ concept works is required.
The detailed chapter appears to suffer from a lack of housing mix in terms of
density.
Connectivity for Chapter 1A could be improved. At present the chapter is at risk of
appearing separate from the wider scheme (by the distributor road and landscape
features).
The development appears to lack a focal point or heart that would be expected in
a new settlement. Whilst Chapter 1B would provide a number of facilities, these
would be located on the periphery of the site and would bear more relation to the
leisure resort.
A green corridor is evident within the wider site, however this concept should be
developed further. An opportunity exists to enhance biodiversity and recreation.
Local Plan polices pertain to creating opportunities for biodiversity. This should be
clearly demonstrated.
An access plan should be provided, which highlights links within the development
and those out with (such as to Balmedie Country Park, Balmedie Beach etc).
Site drainage was discussed. It was noted that the site contains a number of
interesting hydrological features and an abundance of greenspace. This
opportunity could be seized in order to create well integrated SUDS, which form
part of the wider landscaping strategy.
Carbon neutrality was raised. It was noted that measures would best be
incorporated at the design stage, as opposed to retrofitting elements such as Solar

 APPENDIX 4

xxii)

xxiii)

Item: 4
Page: 145

PV panels – which may ultimately detract from the aesthetic of the site. The ‘fabric
first’ approach should be taken further.
The idea of relocating the Town Hall was raised. It could be relocated to a more
central location within the residential section of the scheme, create a ‘heart’ within
the community/village centre. This would be more in keeping with the creation of a
new settlement and would create a useable and attractive focal point for the
development. Future development that may eventually integrate the Town Hall into
a focal/central location was likely to be a long-term prospect given the timescales
of the local plan. (i.e. LDP 2032 if successful bids for further development).
The location of recreation areas was raised, with specific reference to children’s
play areas and amenities. Successful places to live are dependent on well located
amenity areas. It is noted that an area is proposed within Chapter 1B, however it is
considered that this would be relatively detached from the residential areas of the
scheme, and therefore may not be seen as a safe location for young children to
travel to alone. Opportunities to create play areas closer to home should be taken,
particularly where this can avail of the existing landscaping (for example within
well overlooked wooded areas).

 APPENDIX 4
APP/2018/1814

Item: 4
Page: 146

Appendix 15: Minute of Formartine Area Committee Meeting 26 March
2019

 Item: 4

APPENDIX4 Page: 147

Members then asked questions in relation to the access to the development; impact
on existing and proposed roads network; a grade separated junction; outstanding
objections from statutory consultees including Infrastructure Services (Transportation
and Roads Development) and tree protection and compensatory planting;
coastal protection: protection of natural environment and protected species:
affordable housing; tourist accommodation on site: economic benefits; Ecological
Impact Assessment; implications for primary and secondary school provision; and
location of recreation areas within the development.

It was noted that the site was currently accessed directly from the old A90 (now the
397? as of 1 April) to the northwest of the site. A new access point was proposed to
the southwest of the site and would provide direct access to the old A90 with no
direct links to the new A90 [3997). Particular reference was also made to the
importance of the requirement to have 2 access points to the development which the
developer had allowed for.

Transport Scotland had no objections to the proposals and had not requested a
grade separated junction however, Infrastructure Services {Transportation and
Ftoads Development) continued to have concerns regarding phasing and remoteness
of the site. Additionally, further information on access for the refuse vehicles was also
required. including a swept path analysis. to ensure sufficient space for manoeuvring
vehicles. The developer had been advised of the additional information required. To
date only indicative waste storage locations had been provided for Chapter 1 B.

Members also emphasised that the development site was unable to provide walking
access to local amenities and opportunities for cycling were limited. They expressed
their dissatisfaction that the proposal failed to include the grade separated junction
on the new Balmedie to Tipperty dual carriageway and that the development would
inflict heavy traffic in Balmedie. It was noted that the further information on road
layout, access to the development and grade separated junction would be provided
to Full Council.

The Senior Planner clarified the issues connected to the loss of trees and protected
species. In response to questions on tree removal and protection of ancient
woodland, Members were informed that the Environment Team had recommended
conditions to protect the existing trees during construction work and a compensatory
planting plan would be provided by the applicant.

Members were also informed that a further Bat Survey would be required in the
spring i summer. Additionally, repeat surveys would be required for Otters and
Badgers. It had been requested to carry out a survey for Icelandic pink footed geese.
Members expressed their disappointment about the lack of complete information on
the impact of the development on protected species.

Members expressed their disappointment about insufficient information on the
implication of the development on the required provision of a primary school. It was
confirmed that the proposed development made no provision for affordable housing
onsite. The Senior Planner confirmed that Aberdeenshire Cou ncil?s Housing Service
was not seeking onslte contributions for Chapters 1A and 1B. 25% affordable
housing in the form of a commuted payment was agreed as a preferred option to
provide much needed affordable housing in the Ellon Academy catchment area.
Onsite affordable housing may be deemed as acceptable for future chapters and that
would be assessed at the appropriate time.

Item: 4

APPENDIX4 Page: 148

In terms of economic benefits, the Senior Planner noted that the changes in phasing
of the development (including the delay in the development of the proposed hotel
accommodation) and the provision of residential housing before tourism
infrastructure made it less attractive economically. It was confirmed that an Economic
Impact Assessment had been submitted but the applicant was looking to provide
more information to be considered by the Full Council.

During the discussion, Johnston moved a motion to advise Full Council to refuse
the application as it was a major departure from the Local Development Plan. There
was no seconder for the motion so it could not be debated further.

After discussion, the Committee did not reach a consensus view on the application.
Following consideration of the information provided, the Committee agreed to advise
Full Council that members of the Committee had a mix of supportive, negative and
neutral views on the application.

The Committee agreed to advise Full Council of the following matters discussed at
Committee:

1. The planning application is a departure from Local Development Plan (LDP)
and it fails to comply with the approved Masterplan.
2. The report to Full Council to provide further information on:

(at economic benefits of the development,
road layout. access to the development and grade separated junction,
to) impact of the development on Icelandic geese.

3. That opportunities highlighted by the Aberdeenshire Design Review Panel

were not taken up by the applicant

The lack of affordable housing on site

Development in the area of ancient woodland should be avoided

6. There are outstanding objections from statutory consultees (SEPA, Scottish
Natural Heritage (SNH) and Transportation)

7. Concerns are raised over accessibility and connectivity in line with national
and local transport policies

8. Ability of the development site to provide active travel including walking
accessibility to local amenities and connectivity in relation to cycling

9. General concerns over continued lack of information



The Committee agreed to request that further, more detailed information, be
provided to Full Council on the:

1. economic impact of the development,

2. explicit view of Transport Scotland on the requirement for a grade-separated

junction on the A90 Balmedie Tipperty dual carriageway,

impact of the development on any protected species,

provision of primary school 

5. construction traffic management plan (in particular to reroute the construction
traffic away from Balmedie),

6. compensatory tree planting and further consultation with Forestry
Commission,

7. greater population of appendices 12 and 13,

8. clarification of Transportation input to the Local Development Plan with
regards to the site.



Item: 4
Page: 149

Appendix 5

EXTRACT OF DRAFT MINUTE OF MEETING OF FORMARTINE AREA COMMITTEE
OF 3 SEPTEMBER 2019
APPENDIX A – PLANNING APPLICATIONS

6A.

Reference No: APP/2018/1814
Planning Permission in Principle for Erection of 550 Dwellinghouses (Up to
500 Residential Units and a Minimum of 50 Leisure/Resort Units),
Community Facilities (Class 10 Non-residential Institutions and Class 11
Assembly and Leisure), Development Falling Within Class 1 (Shops), Class
2 (Financial, Professional and Other Services), Class 3 (Food and Drink),
Landscaping and Supporting Infrastructure at Land at Menie Estate,
Balmedie, Aberdeenshire, AB23 8YE

Applicant:

Trump International Golf Links Ltd

Agent:

CMS Cameron McKenna

Reference was made to the Minute of Meeting of the Committee of 26 March, 2019 (Item
4B) when the Committee had been invited to provide preliminary views on the application
for consideration by Full Council. A report dated 21 August, 2019 by the Director of
Infrastructure had been circulated advising that a significant amount of new information,
seeking to address the outstanding delegated matters highlighted in the previous report,
had been received and the Committee was invited to consider the application with the
further information provided and provide preliminary views for consideration by Full
Council.

Members were reminded of the provisions within the Council’s Scheme of Governance,
at Standing Order 7.2, which provided that no decision of a Committee should be revisited
within a period of 6 months, other than in defined circumstances, and the Committee
unanimously agreed to suspend Standing Order 7.2 to allow the application to be
reconsidered with the additional information provided.

The Chair then advised that a request to address the Committee had been received from
the applicant’s agent and it was confirmed with the agent who was in attendance at the
meeting that he no longer wished to proceed with the request.

 Item: 4
Page: 150

The Senior Planner (G Spence) explained that the application was for a major
development which, in the professional opinion of the Head of Planning and Environment,
was a significant departure from the Development Plan and would therefore require to be
determined by Full Council, following consultation with the Area Committee. He referred
to a minor error in the report at the third paragraph under 4.21 and advised that the 2019
dates specified should be amended to read 2018. He explained that the application was
for Planning Permission in Principle with full details having been submitted in respect of
Chapters 1A and 1B allowing for a full assessment of those elements. A number of
technical matters had now been addressed through the submission of additional
information and he highlighted a number of amendments made to the original proposals
including a review of the phasing arrangements which were considered to be minor in
terms of the wider context of the development and no re-advertisement or further
neighbour notification procedures had been required.
Reference was made to the
repositioning of the proposed Gym and Sports Hall in response to the submitted Flood
Risk Assessment; the updated tree survey provided; the summer bat survey being
undertaken which had not to date identified any roosts; representations received;
consultation responses received; relevant planning policies and location of site
departures; the planning history of the application site; Transport Scotland’s response to
the application which did not require a grade separated junction to be provided;
contributions to health provision; and replacement tree planting proposed. He confirmed
that the application represented a departure from Local Development Plan and, when
considering the benefits the development could bring, the Service considered that the
departure could be justified in the circumstances.

The Senior Planner then responded to questions from Members on increased traffic
travelling through the village of Balmedie, impact on pink footed geese, loss of trees and
compensatory planting proposals, education provision, economic benefits and phased
delivery of the development.
Following a full discussion, the Committee –
(1)

did not form a view on the application; and

(2)

agreed to advise Full Council that further consideration of the following matters
discussed at the meeting, was required by Full Council –
(i)

the extent to which the application is a departure from the Local
Development Plan;

(ii)

the extent to which the application is a departure from the initial phasing
and permissions previously approved;

(iii)

the extent to which the departure is seen as justifiable;

(iv)

the impact of the development on the community of Balmedie in terms of
amenity given the anticipated increase in through traffic generated as a

 Item: 4
Page: 151

result of the development and the lack of provision for a grade separated
junction on the A90 Balmedie Tipperty dual carriageway; and
(v)

the potential impact of the development on primary and secondary school
provision in the wider catchment area.

Having moved an amendment which was not seconded proposing that the Committee did
not accept the approval of the application for Planning Permission in Principle for 500
dwellinghouses until the sequence of development is resolved, the Economic impact of
the development is accepted, the issue of Education provision in the wider catchment
area is resolved and the requirement for the provision of a grade separated junction is
addressed, Councillor Johnston requested, as provided for in Standing Order 5.2.6, that
his dissent from the foregoing decision be recorded.