Agenda item

Planning Reference – 230972

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Link.

Planning Officer:  Alex Ferguson

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-

That the application for Detailed Planning Permission for the change of use from betting shop to adult gaming centre (sui generis) at 178 George Street Aberdeen, be approved subject to the following conditions:-

Conditions

(1)  DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

(2)  OPENING HOURS

The hereby approved use shall only operate between the hours of 7am and 12am (midnight) on any given day.

Reason: In order to preserve the amenity of neighbouring residential properties during more sensitive early morning hours.

(3)  IMPLEMENTATION OF NOISE MITIGATION MEASURES

The hereby approved use shall not operate unless the noise mitigation measures recommended in the approved Noise Impact Assessment have been implemented. The mitigations measures shall include:

1.    The separating floor between the premises and the property above shall (as a minimum) meet the specification and associated sound reduction criteria detailed in Appendix D;

2.    During fitout, mechanical and electrical (M&E) structures affixed to the underside of the floor shall be checked to ensure they are secure and not likely to come loose causing holes and any new M&E penetrations shall be fully sealed up with mortar so flanking paths do not occur ;

3.    Perimeter seals shall be installed around the frame of the external door and at the bottom to prevent unnecessary sound transmission to the outside. The door shall also incorporate an automatic closer system; and

4.    The provisions in the Operational Management Plan (Appendix E) shall be adhered to throughout the lifetime of the development.

Reason: In order to preserve the amenity of neighbouring residential properties in relation to noise emissions.

The Committee heard from Alex Ferguson, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.

The Committee then heard from Henry Hodgson, agent for the application, who spoke in support of the application and answered questions from Members.

The Convener moved, seconded by Councillor Macdonald:-

That the application be approved, with an amendment to condition 2 to read:-

The hereby approved use shall only operate between the hours of 7am and 10pm on any given day.

Reason: In order to preserve the amenity of neighbouring residential properties during the more sensitive late evening and early morning hours.

Councillor Boulton moved an amendment, seconded by Councillor Greig:-

That the application be refused due to conflict with Policies H2, WB3 Aberdeen Local Development Plan 2023, Policy 23 of NPF4 and the Aberdeen Interim Planning Guidance Harmony of Uses due to adverse impact on residents by virtue of  the close proximity to residents of the premises caused by the coming and goings of patrons to and from the premises particularly in the evening due to noise disturbance generated by the use of the premises by patrons.

On a division, there voted – for the motion (9) – the Convener and Councillors Alphonse, Cooke, Copland, Farquhar, Macdonald, Radley, Thomson and Tissera – for the amendment (4) – Councillors Boulton, Clark, Greig and Lawrence.

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally.