Agenda item

Planning Reference – 231018

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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 class 1A (shops, financial professional and other services) to hot-food takeaway (sui generis) and installation of kitchen extract vent to rear elevation (part-retrospective) at 693 George Street Aberdeen, be approved subject to the following conditions:-

Conditions

(1) ODOUR MITIGATION

The hereby approved use shall not operate unless the critical odour mitigation measures achieving at least an equivalent effect of the measures listed in the approved Odour Impact Assessment (Couper Acoustics – 23 January 2024 - Ref: 2010212314 -V1) have been implemented in full. The mitigation measures shall include (but are not limited to) the installation of:

·       Grease baffle filters within extract canopy (providing initial grease removal/fire protection);

·       An ESP 3000 electrostatic precipitator;

·       Carbon filtration with a 0.4 – 0.8 second residence time.

Reason: In order to protect the amenity of neighbouring residential properties from cooking odour emissions.

(2) NOISE MITIGATION

The hereby approved use shall not operate unless the noise mitigation measures listed in the approved Noise Impact Assessment (Couper Acoustics – 23 January 2024 - Ref: 2010212314 - V1) have been implemented in full. The mitigation measures shall include (but are not limited to):

i.      The Local Extract Ventilation System (LEV) shall be installed in general accordance with the proposed Mechanical Extraction System drawing (Create Studio Architecture, Jan 2024).

ii.      The LEV shall have an intake/extract fan with equivalent (or lower) noise emissions to the Vent Axia ACM 315 fan (as detailed in Table 3 and Appendix A).

iii.     The LEV shall be fitted with a single silencer or a combination of silencers on the atmospheric side of the fan, providing the minimum dynamic insertion loss values shown in Table 4.

iv.     To reduce impact noise from worktops transferred to the first floor via the structural walls, worktops and surfaces in the preparation area should be free standing, ensuring the work surfaces are not rigidly linked to the structural wall.

v.     Tables and chairs (if any) shall be fitted with rubber feet to reduce any noise from movement and the front door shall incorporate an automatic closer system.

vi.     The existing ceiling should be inspected to ensure it is intact. Any areas of damage must be made good. The suspended ceiling with fissure tiles should not be removed and shall be lined with 100mm of mineral wool. Any damaged or missing fissure tiles must be replaced or made good.

vii.    If the ventilation canopy is to be fitted to the original ceiling it must be connected through drop rods with Masons HD acoustic resilient hanger with Unistrut. Hole penetrations should be sealed with everflex non hardening mastic.

Reason: In order to protect the amenity of neighbouring residential properties from noise emissions.

(3) OPENING HOURS

The hereby approved use shall only operate between the hours of 8am and 10pm on any given day.

Reason: In order to protect the amenity of neighbouring residential properties from noise emissions in the late evening and early morning periods.

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

The Committee resolved:-

to refuse the application unanimously for the following reasons:-

1.    That due to its location on a busy junction with limited car parking for customers in the vicinity the proposed change of use has potential to result in a road safety hazard.

That due to the potential levels of noise and disturbance and odour nuisance for adjoining residential properties the proposal could not be considered complementary to residential use in that it is likely to cause conflict with the enjoyment of existing residential amenity. It would, therefore, be contrary to Policies 23 (Health and Safety) and 27 (City, Town, Local and Commercial Centres) of National Planning Framework 4 (NPF4), Policies H1 (Residential Areas) and WB3 (Noise) of the Aberdeen Local Development Plan and the Council’s Aberdeen Planning Guidance on Harmony of Uses.