Agenda item

Planning Reference – 200094

All documents associated with this application can be found at the following link and enter the reference number above.  Link.   

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 a public house (sui generis) to hot food takeaway (sui generis), alterations to the shop front and installation of ventilation and extraction system, at Ferryhill Tavern, 124 South College Street Aberdeen, be refused. 

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

The Convener moved, seconded by the Vice Convener:-

           That the application be approved conditionally for the following reasons. 

It is acknowledged that there is a tension with policies T2, H1 and T3 of the Aberdeen Local Development Plan due to restricted on street parking for delivery drivers and customers, service vehicles and heavy traffic movement on South College Street. Nevertheless, it is considered that other material planning considerations such as the accessibility on foot of the property for customers from the immediately adjoining residential area and the increasing use of bikes and scooters to carry out deliveries would mitigate the traffic impact of the proposal. Furthermore, prospective traffic movement is considered not to be significantly greater than that generated by the pre-existing and consented use of the property as a public house and a restaurant respectively. These  considerations, taken in conjunction  with the weight to be given to bringing back into a viable use of a premises which has been empty for a significant length of time, and the contribution this would make to promoting sustainable economic growth in line with  Scottish Planning Policy  are considered, collectively, to be material planning considerations that weigh in favour of approval of the application in this instance.

Conditions:-

1.     No works pursuant to the application hereby approved shall be undertaken on site, unless an augmented Noise Impact Assessment (NIA) in accordance with a methodology agreed in writing with this Council’s Environmental Health Service has been approved in writing by the planning authority. Subsequently, prior to the commencement of the use, any noise mitigation measures proposed by the approved NIA should be implemented in full and demonstrated by verification in writing and demonstration of the installation by a professional noise consultant based on agreed inspection checks during and after work on site.

    This NIA must:

(i)     Be in accordance with Planning Advice Note (PAN) 1/2011 Planning and Noise and its accompanying Technical Advice Note and demonstrate compliance with appropriate noise standards, including; BS4142:2014 and WHO Guideline Values for Community Noise).

(ii)   Identify all the likely noise sources associated with the proposed development and their impact on neighbouring properties

(iii)  include comprehensive details of any necessary noise mitigation measures using best practical means, including physical noise insulation methods required to achieve compliance with relevant standards within the development to reasonably protect the amenity of the occupants of neighbouring properties

Reason: To ensure no adverse impact on the residential amenity of neighbouring properties.

2.     That hot food shall not be sold from the premises unless a servicing and delivery management plan for the use hereby approved has been be submitted to and approved in writing by the planning authority and unless the plan thereby approved is being implemented in full.

Reason: To ensure no adverse impact on local highway conditions

3.      That hot food shall not be sold from the premises other than during the hours from 11.00 am until 11.00 pm, Sundays to Thursdays inclusive, and during the hours from 11 am until  midnight on Fridays and Saturdays, unless the planning authority has given prior written approval for a variation.

Reason: To ensure no adverse impact on the residential amenity of neighbouring properties.

Councillor Greig, moved as an amendment, seconded by Councillor Cooke:-

           That the application be refused. 

On a division, there voted:-  for the motion (8) – the Convener, the Vice Convener and Councillors Allan, Alphonse, Cooke, Copland, MacKenzie and Malik; for the amendment (1) – Councillor Greig.

The Committee resolved:-

to adopt the motion therefore approve the application conditionally. 

-         Councillor Marie Boulton, Convener