Agenda item

Planning Reference – 250319

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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 physiotherapy practice [class 1A (shops, financial professional and other services) use] to cafe / hot food takeaway [mixed class 3 (food and drink) use and sui generis use], at 99 Westburn Road 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)  ODOUR MITIGATION

The use hereby authorised shall not take place unless evidence has been provided to the planning authority that the specific odour mitigation measures identified in the approved kitchen ventilation report (TKM Ventilation Services, 29th July 2025) have been implemented in full. The approved use shall not operate unless the approved measures are thereafter retained. For the avoidance of doubt, the following specific measures are required:

·       Wall mounted extract canopy located directly above cooker;

·       Canopy to include baffle type filters (washable);

·       Rigid extract ductwork routed to the exterior of the building incorporating sufficient access panels, or ability to demount ductwork sections, to permit cleaning;

·       New carbon filter unit for removal of grease and odour. Carbon filter to have a minimum dwell time of 0.2 seconds. Suitable access will be required to the filter unit;

·       In-line extract fan;

·       Exhaust to atmosphere via weather louvre at rear of building;

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

·       Both supply and extract fans operated via speed controllers.

Reason - In order to protect the existing residential amenity of the neighbourhood.

(03)  NOISE MITIGATION

The use hereby authorised shall not take place unless evidence has been provided to the planning authority that the specific noise mitigation measures identified in the approved noise impact assessment (Vibrock, 23rd October 2025 [Ref: R25.12738/1/IK/Let1]) have been implemented in full. The approved use shall not operate unless the approved measures are thereafter retained. For the avoidance of doubt, the following specific measures are required:

·       The Local Extract Ventilation (LEV) intake/extract are located as shown in Figure 1 of the report;

·       The LEV shall have an intake/extract fan with equivalent (or lower) noise emissions than the In-line TD-500/150-160 Silent 3V Fan (Table 1);

·       The LEV intake/extract shall be fitted with a silencer that provides (as a minimum) the dynamic insertion loss values shown in Table 2 of the report;

·       The suspended ceiling shall be upgraded in accordance with the Planning Statement (LAS Architecture, June 2025) – “replace the existing plasterboard on the lowered ceiling with 15mm thick British Gyspum fire / acoustic plasterboard, together with 100mm thick Knauf acoustic insulation above”.

Reason - In order to protect the existing residential amenity of the neighbourhood.

(04)  CYCLE PARKING

The use hereby authorised shall not take place unless the cycle stands identified in the approved site plan (ref. LAS24079-04D) have been implemented in full. The approved use shall not operate unless the approved stands are thereafter retained.

Reason - In order to encourage sustainable transport.

(05)  LITTER / RECYCLING BINS

The use hereby approved shall not take place unless litter and recycling bins have been provided for the use of customers of the premises on the external area at the Watson Street frontage of the site.

Reason – In order to preserve the amenity of the neighbourhood and reduce risk of litter generation.

(06)  HOURS OF OPERATION

The premises shall not be open for business outwith the hours of 07.00-19.00 on Monday to Saturday and 09.00- 17.00 on Sundays.

Reason - In order to protect the existing residential amenity of the neighbourhood.

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

The Committee resolved:-

to approve the application conditionally.