Agenda item

Planning Reference – 250485

 

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

 

Link.

 

Planning Officer:  Robert Forbes

 

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 veterinary practice [class 1A (shops, financial professional and other services) use] to hot food takeaway (sui generis) and installation of extract flue, at 71 Victoria Street Dyce Aberdeen, be approved subject to the following conditions:-

 

Conditions

 

(01)  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.

 

(02)  BIRD MANAGEMENT

 

No development shall take place, nor shall the use operate, unless a Bird Hazard Management Plan has been submitted to and approved in writing by the planning authority. The submitted plan shall include details of:

 

·       physical arrangements for the collection (including litter bins) and storage of putrescible waste, arrangements for and frequency of the removal of putrescible waste;

·       signs deterring people from feeding the birds.

 

The Bird Hazard Management Plan shall be implemented as approved, on completion of the development and shall remain in force for the duration of the approved use. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority.

 

Reason: It is necessary to manage the development in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Aberdeen Airport.

 

(03)  WASTE AND RECYCLING STORAGE

 

The use hereby approved shall not take place unless a scheme of segregated waste storage for the site, including food waste storage, has been submitted to and approved in writing by the Planning Authority. This shall include screening of the proposed refuse and recycling bin store, as specified on drawing no. PL01 G hereby approved and provision of gully and wash down facilities within the site. The approved use shall not take place unless the approved bin store has been provided and thereafter is retained and is available for use for the duration of the use of the premises as a hot food takeaway.

 

Reason – In order to ensure waste storage on site, preserve the amenity of the area and ensure that the bins do not obstruct the adjacent public road / footway.

 

(04)  ODOUR MITIGATION

 

The use hereby approved shall not take place unless the odour mitigation measures specified in the approved Odour Impact Assessment (TKM Ventilation Services, 23rd July 2025) including the external flue shown on drawing ref. PL01 G, or such other assessment and drawing as may be approved in writing by the planning authority, have been implemented in full. Implementation of the following specific measures is required:

 

·       Wall mounted extract canopy located directly above cooking appliances

·       Canopy to include baffle type grease filters (washable)

·       Extract ductwork routed to the external termination point incorporating sufficient access panels to permit cleaning/filter changeout

·       3-stage filtration comprising first stage G2 mesh filter (grease), second stage M5 disposable bag filter and third stage activated carbon filter for removal of grease and odour. Carbon filter to have minimum dwell time of 0.2 seconds. Suitable access will be required to the filters

·       Exhaust to atmosphere via high velocity jet cowl discharging above eaves

·       Fresh-air make-up via ducted system with filter/fan

·       Both supply and extract fans operated via speed controllers

·       Safety gas interlock required to isolate gas supply in event of ventilation fan failure

 

The approved use shall not take place unless evidence of implementation of the requisite physical measures to be installed on site has been submitted to and agreed in writing by the planning authority. Thereafter, the odour mitigation measures shall be retained for duration of the use of the premises as a hot food takeaway.

 

Reason – In order to preserve the amenity of adjacent residential premises by reason of the generation of odours.

 

(05)  NOISE IMPACT / MITIGATION

 

The use hereby approved shall not take place unless the noise mitigation measures specified in the approved Noise Impact Assessment (FEC Acoustics, 23rd July 2025), or such other assessment as may be approved in writing by the planning authority, have been implemented in full. Implementation of the following specific measures is required:

·       The intake/extract points are located as shown on the Proposed Plans and Elevations (Drawing No: PL01 G).

·       The Local Extract Ventilation system (LEV) has an intake fan with equivalent (or lower) noise emissions than the Vent Axia Quiet Pack Fan (as detailed in Appendix 8.1.1).

·       The LEV has an extract fan with equivalent (or lower) noise emissions than the Soler & Palau CVAB/4-6000/450N D Fan (as detailed in Appendix 8.1.2).

·       A silencer is fitted upstream of the intake ventilation fan that provides (as a minimum) dynamic insertion loss values equivalent to the Vent Axia ‘Sonex’ Silencer (400 mm diameter, 900 mm length) detailed in Appendix 8.1.3.

·       A silencer is fitted downstream of the exhaust fan that provides (as a minimum) dynamic insertion loss values equivalent to the Vent Axia ‘Sonex’ Silencer (400 mm diameter, 900 mm length) detailed in Appendix 8.1.3.

·       The LEV installer ensures all necessary measures are taken to reduce the effects of vibration on the internal and external building structure using various anti-vibration methods (e.g. pads/mats/mounts and flexible hose connections).

 

The approved use shall not take place unless evidence of implementation of the requisite physical measures to be installed on site has been submitted to and agreed in writing by the planning authority. Thereafter, the said measures shall be retained for the duration of the use of the premises as a hot food takeaway.

 

Reason – In order to preserve the amenity of adjacent residential premises by reason of the generation of plant noise.

 

(06)  CYCLE PARKING / STORAGE

 

The use hereby approved shall not take place unless the proposed cycle parking, as specified on drawing no. PL01 G hereby approved has been implemented in full and thereafter is retained and is available for use for the duration of the premises as a hot food takeaway.

 

Reason – In order to ensure provision of adequate customer and staff cycle parking on site and reduce the risk of obstruction of the adjacent public road / footway.

 

(07)  HOURS OF OPERATION

 

The use hereby approved shall not operate outwith the hours from 7.00am to 8.30pm on any day.

 

Reason - In order to protect the amenity of adjacent residential uses due to potential late night noise generation / disturbance associated with use of the premises

 

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

 

The Committee then heard from Martin Gillespie, who objected to the application. 

 

The Convener moved, seconded by the Vice Convener:-

That the application be approved conditionally in line with the officers recommendation.

 

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

          That the application be refused for the following reasons. 

 

1.    The proposed use would undermine the amenity of the area and health and wellbeing of the community by reason of the proximity of residential uses to the site and the generation of increased activity (e.g. delivery traffic and noise outwith normal shopping hours), to the detriment of existing residential amenity and thus conflicts with Policy 27 (City, town, local and commercial Centres) part C within National Planning Framework 4 and Aberdeen Planning Guidance (APG) regarding Harmony of Uses; and

2.    The proposed use would result in an increase in vehicle trips to the site, and reduced vehicle dwell time relative to the authorised use. The increased reversing of vehicles across the footway on Victoria Street would result in unacceptable exacerbation of an existing public safety risk.

 

On a division, there voted – for the motion (5) – the Convener, the Vice Convener and Councillors Copland, Malik and Macdonald – for the amendment (3) – Councillors Alphonse, Boulton and Clark.

 

The Committee resolved:-

to adopt the motion and approve the application conditionally.