Agenda item
Part change of use (rear former store room associated to shop) from retail (class 1) to gym (class 11) (retrospective) at 44 Kings Crescent - 161194
- Meeting of Planning Development Management Committee, Thursday, 8th December, 2016 10.00 am (Item 5.)
- View the declarations of interest for item 5.
Planning Reference – 161194
The documents associated with this application can be found at:-
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Planning Officer – Sepideh Hajisoltani
Minutes:
The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-
That the application be approved subject to the following condition.
(1) that the class 11 unit hereby approved shall not be open for business outwith the hours of 10:00 to 20:00 on any day – in the interest of residential amenity.
In accordance with Standing Order 32(1), Councillor Milne addressed the Committee as local member and made representations on behalf of the Old Aberdeen Community Council and the Old Aberdeen Heritage Society, who were opposed to the application. In terms of Section 7.15 of the Councillors’ Code of Conduct, he then withdrew from the meeting and took no part in the deliberations.
The Committee then heard from Sepi Hajisoltani, Planner, who spoke in furtherance of the application and answered various questions from members. The Committee also heard from Scott Lynch, Senior Engineer, who answered various questions in regards to road and parking issues.
Councillor Donnelly moved, seconded by Councillor Cooney:-
that the application be approved in accordance with the recommendation contained within the report.
Councillor Boulton, seconded by Councillor Jaffrey, moved as an amendment:-
that the application be refused due to concerns relating to undue pressure on the local amenity and parking and would have a detrimental impact on the character and setting of the Conservation area.
Councillor Hutchison, seconded by Councillor Greig, moved as a further amendment:-
that the application be approved with an amended condition that the business shall not be open for business outwith the hours of 10:00 to 19:00 on any day.
There being a motion and two amendments, the Committee first divided between the amendment by Councillor Boulton and the amendment by Councillor Hutchison.
For the amendment by Councillor Boulton (4) - the Vice Convener, and Councillors Boulton, Greig and Jaffrey.
For the amendment by Councillor Hutchison (4) - Councillors Corall, Hutchison, Nicoll and Jennifer Stewart.
Abstained from the vote (7) - Councillor Cooney, Cormie, Donnelly, Lawrence, Malik, Jean Morrison and Sandy Stuart.
There being an equality of votes, the Vice Convener exercised his casting vote in favour of the refusal amendment and declared it carried.
The Committee then divided between the motion and the amendment by Councillor Boulton.
On a division there voted:- for the motion (10) – Councillors Cooney, Corall, Cormie, Donnelly, Lawrence, Malik, Jean Morrison, Nicoll, Jennifer Stewart and Sandy Stuart; for the amendment (5) – the Vice Convener and Councillors Boulton, Greig, Hutchison and Jaffrey.
The Committee resolved:-
to agree the motion, and approve the application conditionally.
Supporting documents:
- 161194DPP- 44 Kings Crescent Committee Report Final, item 5. PDF 187 KB
- 1- Old Aberdeen Community Council Correspondence, item 5. PDF 97 KB
- 5- Old Aberdeen Community Council Correspondence 2, item 5. PDF 100 KB
- 8- Old Aberdeen Community Council Correspondence 3, item 5. PDF 148 KB
- 2- Old Aberdeen Heritage Society, item 5. PDF 389 KB
- 3- Patrick Birchley, item 5. PDF 116 KB
- 4- Richard Harwood, item 5. PDF 400 KB
- 6- Lesley Simpson, item 5. PDF 121 KB
- 7-Jamie Robertson, item 5. PDF 118 KB
- 9-Ian Leask, item 5. PDF 106 KB