Agenda item

Planning reference – 170524

All documents associated with this application, including any Letters of Representation, can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OPOXOGBZKPG00

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 from old public toilers to form a new coffee

house and café at High Street, Old Aberdeen, be approved, subject to the following

conditions.

(1)  That no cooking or frying shall take place on the premises unless a suitable scheme capable of filtering, extracting and dispersing cooking fumes and a maintenance plan for the aforementioned scheme has been submitted to, and agreed in writing by the Council as planning authority. Such a scheme shall be accompanied by a noise assessment to ascertain the predicted impacts of noise associated with the extract system. Thereafter the approved scheme shall be implemented and maintained in full accordance with the agreed details prior to the carrying out of any cooking or frying on the premises.  

Reason: In the interests of preserving the amenity of neighbouring residential properties.

(2)  That the use of the building for the purpose hereby approved shall not commence until such time as the bin storage area as shown in approved drawings WD.01 Rev F and WD.02 Rev F has been implemented in full accordance with the approved details, or with a similar scheme which has been submitted to, and agreed in writing by, the Council as planning authority.

Reason: In the interests of preserving the appearance and amenity of the area.

(3)  That no works in connection with the hereby approved development shall take place until such time as a detailed specification for the glazed gable (including sectional drawings of the glazing bars) and material samples for the following external finishes have been submitted to, and agreed in writing with the Council, as planning authority:

·         The render to be used for the side and rear walls;

·         The timber linings for the external walls;

·         The natural slates for the roof; and

·         The granite to be used in the resurfacing of Baillie’s Place.

Reason: In the interests of preserving the character and appearance of the conservation area. 

(4)  That prior to the occupation of the hereby approved building, the resurfacing of the external yard area (Baillie’s Place) as shown in approved drawing WD.01 Rev F shall be implemented in full accordance with the approved details.

Reason: In the interests of preserving the character and appearance of the conservation area.  

(5)  No demolition or any other works in connection with the development hereby approved shall commence unless a photographic survey of the existing building on the application site has been submitted to and approved in writing by the planning authority. All external and internal elevations of the building together with the setting of the building and any unusual features of the existing building shall be photographed. The photographic viewpoints must be clearly annotated on a plan to accompany the survey. The photographs and plan must be in a digital format and must be clearly marked with the planning reference number.

Reason: To ensure that a historic record of the building is made for inclusion in the National Monuments Record for Scotland and in the local Sites and Monuments Record.

(6)  The developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Aberdeenshire Council Archaeology Service on behalf of the planning authority, during any ground breaking works to take place within the footprint of the existing building. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by the Aberdeenshire Council Archaeology Service if required. The name of the archaeological organisation retained by the developer shall be given to the planning authority and to the Aberdeenshire Council Archaeology Service in writing not less than 14 days before development commences.

Reason: To record items of archaeological interest.

ADVISORY NOTE FOR APPLICANT

Signage and advertisements

The applicant should be aware that advertisement consent will likely be required for any proposed signage to be attached to the building and they should seek advice from the planning department in advance of installing any such signage for the premises, in order to ascertain whether consent is required and whether or not it is likely to be acceptable upon the submission of an application.

Programme of archaeological works

In this particular instance the programme of works will consist of an archaeological watching-brief on any ground-breaking works associated with the development in the first instance.

Hours of construction

In order to protect the occupiers of the surrounding properties from any potential noise nuisance from any proposed demolition and building works; such work should not occur:

[a]        outwith the hours of 0700 –1900 hours, Monday-Friday inclusive;

[b]        outwith the hours of 0800-1600 hours on Saturdays; and

[c]        at any time on Sundays, except for works inaudible outwith the site application           site boundary.

The applicant should contact the Council’s Environmental Health Service at an early stage and before construction work has started to discuss the proposed means of noise control.

Delivery/Uplift times

Service deliveries/uplifts to and from the premises should not occur outwith the hours of 7am – 7pm Monday to Friday and 8am - 1pm on Saturdays, in order to preserve the amenity of neighbouring residential properties.

Environmental Odour and Noise Control

1.    Where a Local Extract Ventilation (LEV) system is not installed: all cooking activities are prohibited; including, oven cooking, boiling, stewing grilling/broiling, deep fat frying or shallow frying, to remove the risk of malodour from cooking activities to help protect the amenity of the occupants of the  neighbouring residences.

2.    Where an LEV system is not installed: permitted activities relating to hot foods are limited to appropriate means of re-heating and hot holding of precooked products only, to reduce the risk of malodour from reheating activities, in order to protect the amenity of the occupants of the neighbouring residences.

3.    Where an LEV system is to be installed to remove food odours and fumes, the applicant must ensure an appropriate assessment, in accordance with relevant guidance (for example: DEFRA document ‘Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems’ and associated references) is carried out by a competent person. The purpose of this assessment is to establish the necessary air extraction flow rate based on the activities and equipment, the necessary specification of the LEV equipment and mitigation measures required to effectively;filter, neutralise, extract and disperse cooking fumes produced by the activities to be undertaken. The details of this assessment and its findings must then be submitted to this Service for review, in the form of a suitable report by a competent person to the satisfaction of this Service. This report must fully demonstrate the minimum design specification of the LEV equipment and odour/fume control measures and their effectiveness.

4.    Where an LEV system is to be installed to remove food odours and fumes a noise assessment by a suitably qualified noise consultant must be carried out in order to ascertain the predicted impacts of noise associated with the system and necessary controls. The methodology for such an assessment must be agreed with this Service. Details of this assessment and its findings must be submitted to this Service for review, in the form of a suitable report to the satisfaction of this Service. This report must fully demonstrate the effectiveness of any noise controls.

Right of access servitude over Baillie’s Place

The applicant is reminded that there is a servitude over Baillie’s Place for right of access and any items placed in this area should not interfere with the existing servitude that serves the neighbouring property.

The Committee heard from Alex Ferguson, Planning Officer, who spoke in furtherance of the report and answered various questions from members.

The Convener, seconded by the Vice Convener, moved:-

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

Councillor McLellan moved as amendment, seconded by Councillor Nicoll:-

that an extra condition be added so that the external area adjacent to the building on Baillie's Place shall not be used for the provision of outdoor seating associated to the Class 3 use of the site.

On a division, there voted:- for the motion (5) – the Convener, the Vice Convener, and Councillors Lesley Dunbar, Greig and Mason; for the amendment (10) Councillors Alphonse, Cooke, Copland, Henrickson, John, McLellan, Nicoll, Sellar, Stuart and Wheeler.

The Committee resolved:-

(i)            to agree that the extra condition be added, to read:- that the external area adjacent to the building on Baillie's Place shall not be used for the provision of outdoor seating associated to the hereby approved Class 3 use of the site, in the interests of preserving the amenity of the area; and

(ii)          to otherwise approve the application conditionally.