Agenda item

Planning Reference – 251199

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Planning Officer:  Dineke Brasier

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 4 (business) to class 5 (automotive garage) and installation of cycle stand, roller shutter and door to rear and all associated works (partly retrospective) at 1 Anderson Avenue 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) USE CLASS RESTRICTION 

That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or the Town and Country Planning (Use Classes) (Scotland) Order 1997 or any order amending, revoking or re-enacting these Orders, the premises shall be used only for the purpose hereby approved as a vehicle repair garage and shall not be used for any other purpose within Use Class 5 (General Industrial) without the express grant of planning permission from the planning authority.  For the avoidance of doubt, an express grant of planning permission will be required for the use of the premises as an MOT testing centre or as a vehicle bodywork repair shop.

Reason: To ensure that a good level of amenity can be maintained and to allow the planning authority to suitably consider the implications of any other use falling within Use Class 5 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended).  

(03) OPENING HOURS

That the use hereby approved shall not operate outwith the hours of 09:00 – 18:00 Monday to Friday and 09:00 - 14:00 on Saturdays.  

Reason: To ensure that the use hereby approved would not result in undue loss of residential amenity for nearby properties.  

(04) PARKING PROVISION

That the use hereby approved shall not commence until the internal and external alterations to the building as shown on the hereby approved drawing LAS25049-03/RevA have been completed and the parking spaces as shown on this drawing are available for use.

Reason: In the interest of residential amenity and to ensure sufficient parking spaces are available for the use hereby approved.

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

The Committee then heard from Emily Utter, Hayden Lorimer and Pauline Alexander who all objected to the proposed application.

The Committee then heard from Areej Foumeen, applicant for the proposed application, accompanied by Jaya Muniandy, who spoke in support of the application. 

The Committee resolved:-

to approve the application conditionally with an extra condition added to read:-

The hereby approved use of the building shall expire three (3) years from the date of the grant of planning permission as stated on this decision notice, unless a further planning permission has been granted for continued use of the building as a Class 5 (Automotive Garage) in the meantime. Should no further planning permission be granted, then the building shall revert to Class 4 (Business) after the aforementioned three years.

Reason: In the interest of residential amenity.