Agenda item

Planning Reference – 230922

All documents associated with this application can be found at the following link and enter the refence number above:-

Link.

Planning Officer:  Gavin Clark

With reference to article 8 of the minute of the Planning Development Management Committee of 2 November 2023, whereby it was agreed to hold a site visit before determination, 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 retention of a takeaway food kiosk and outdoor seating area with decking including change of use (temporary for 12 months), at the former Cults Railway Station, be approved subject to the following conditions:-

Conditions

(01)  TEMPORARY PERMISSION

That planning permission is hereby granted for a temporary period only and shall cease to have effect on 1st November 2024 (the 'cessation date'). Prior to the cessation date, the application site shall be cleared of all works and development approved under the terms of this permission (including any subsequent ancillary works, infrastructure, fixtures, fittings and any temporary developments permitted under Class 14 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992) and reinstated in accordance with the agreed restoration scheme submitted to and approved in writing by the Planning Service under the terms of Condition 2 of this permission.

Reason: To enable the impact of the temporary development on the amenity of the surrounding area to be reviewed and to ensure the appropriate restoration of the site.

(02)  SITE CLEARANCE

That at least two months prior to the cessation date of 1st November 2024, full details of a scheme for the restoration of the application site shall be submitted to and approved in writing by the Planning Service. Prior to the cessation of this permission the site shall be restored in accordance with the approved restoration scheme.

Reason: To ensure the timeous and appropriate restoration of the site following the expiry of this temporary permission, in the interests of the visual amenity of the area.

(03)  COOKING ACTIVITIES – RESTRICTION

That no cooking or frying operations (including but not limited to: deep fat frying, shallow frying, oven cooking, boiling, stewing, grilling, or broiling) shall be carried out on the premises.

Reason: in order to protect the amenity of neighbouring uses from cooking odours.

(04)  LITTER MANAGEMENT PLAN – COMPLIANCE

That the proposals hereby granted planning permission shall be undertaken in accordance with the details outlined in the Litter Management Plan (Section 5.8 of the approved Supporting Statement Ref: 230922-01 dated 28th July 2023).

Reason - In order to ensure suitable waste storage and collection arrangements are in place, including appropriate facilities for customers and to protect public health and the amenity of the area.

(05)  HOURS OF OPERATION

That the use hereby approved shall not operate outwith the hours of 08:00 to 19:00 Monday – Thursday, 08:00 to 20:00 Friday to Sunday (April to September) and 08:00 to 17:00 Monday – Saturday and 09:00 to 17:00 on a Sunday (October to March).

Reason: In order to preserve the amenity of neighbouring properties.

Following the site visit, Members returned to deliberate the application and heard from Gavin Clark, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.

The Convener moved, seconded by Councillor Greig:-

That the application be approved conditionally in line with the officer’s recommendation.

Councillor Boulton, moved as an amendment seconded by Councillor Thomson:-

            That the application be refused for the following reasons:-

1.    That the proposal would be contrary to Policy T2 Sustainable Transport of the Aberdeen Local Development Plan (ALDP) and would create an additional road safety hazard by virtue of the additional pedestrian movements and traffic movements generated along Station Road and the lack of a safe off road footway to the proposed café/bike shop and to the former Deeside line due the requirement for pedestrians to walk on the road carriageway and across the proposed parking area; and

2.    The proposal would be contrary to Policy H1 and T2 of the ALDP and would have an adverse impact on residential amenity by virtue of the additional noise and disturbance to adjoining residents caused by patrons using the property during opening hours and additional traffic movements to the premises along Station Road.

On a division, there voted – for the motion (8) – the Convener; and Councillors Cooke, Copland, Clark, Farquhar, Greig, Macdonald and Radley – for the amendment (3) – Councillors Boulton, Lawrence and Thomson.

The Committee resolved:-

to adopt the motion and therefore approve the application conditionally.

-       Councillor Ciaran McRae, Convener