Agenda item

Planning Reference – 161455

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Planning Officer – Alex Ferguson

The Committee had before it a report by the Interim Head of Planning and

Sustainable Development, which recommended:-

That the application for a change of use of pavement area to seating area at 1

Desswood Place Aberdeen, be approved, subject to the following conditions.

CONDITIONS

(1)       That the area of the pavement to be used for outdoor seating shall be restricted to that as shown on approved drawing 16/11/01A and shall only allow the placement of tables, seats and form of enclosure and for no other street furniture (i.e. heaters and umbrellas/awnings).

Reason – In order to protect the visual character and amenity of the area and to maintain pedestrian safety.

(2)       That the outdoor seating area hereby approved shall only be used between the hours of 8am and 8pm on any given day and that any tables, chairs and other street furniture for the purpose of, or associated with, facilitating outdoor seating shall be removed from the pavement outwith the hours of operation for the outdoor seating area.

Reason – In order to protect the amenity of the neighbouring residential properties and the character and appearance of the conservation area.

(3)       That no amplified music shall be played in the outdoor seating area at any time.

Reason – In order to protect the amenity of the neighbouring residential properties.

ADVISORY NOTES

A minimum 1.5m footway clearance must be maintained around the seating area at all times. The Council’s Street Occupations Team have the power to remove any items placed on the pavement which would obstruct pedestrian movement.

In addition to planning permission, the applicant will also require a Pavement Café permit, which can be obtained from the Council’s Street Occupations Team. In this regard, the applicant should contact Kevin Abercrombie on 01224 523 886.

It is likely that any advertisement of the premises incorporated onto fabric or other enclosures used to demarcate the seating area will require advertisement consent. Prior to the installation of any such advertisements, the applicant should check with the Council as planning authority to ascertain whether consent is required. If so, the applicant will need to first obtain advertisement consent before displaying the advertisements.

The Committee heard from Mr Daniel Lewis, Development Management Manager, who spoke in furtherance of the report and answered a number of questions from members.  Mr Lewis explained that condition three would be amended to read “that no music shall be played in the outdoor seating area at any time.

The Convener, seconded by Councillor Cooney moved:-

that the application be approved in accordance with the recommendation set out in the report.

Councillor Jennifer Stewart, seconded by Councillor Greig, moved as an amendment:-

That the application be refused due to the adverse impact the application would have on the local residents and the effect on the Conservation area, as well as concerns that large signage would impact on the footpath and concerns regarding over flowing refuse bins.

On a division, there voted:- for the motion (15) – the Convener, the Vice Convener and Councillors Boulton, Cooney, Corall, Cormie, Crockett, Donnelly, Hutchison, Jaffrey, Lawrence, Malik, Jean Morrison, Nicoll and Sandy Stuart; for the amendment (2) - Councillors Greig and Jennifer Stewart.

The Committee resolved:-

(i)         to agree that condition 3 be amended to read “that no music shall be played in the outdoor seating area at any time”; and

(ii)        to otherwise adopt the motion and therefore approve the application conditionally.