Agenda item

Planning Reference – 201397

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Planning Officer:  Alex Ferguson

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 3 (food and drink) to hot food takeaway (sui generis) and installation of extract duct at 81 Charleston Road North Aberdeen, be approved subject to the following conditions:-

Conditions

(1)  OPERATIONAL HOURS

The hereby approved use shall operate between the hours of 9am and 10pm only on any given day in the week, and at no other time whatsoever.

Reason: In order to preserve the amenity of neighbouring residential properties during the more sensitive late evening and early morning hours.

(2)  NOISE MITIGATION

The hereby approved use shall not commence unless the mitigation measures recommended in the approved Noise Impact Assessment (Reference: Project Number: P8322, Issue 4.0, Date: 14 April 2021) have been implemented in full. These must include:

a)    The installation of a local Extract Ventilation (LEV) fan with a sound power level across the frequency spectrum which complies with that detailed within section 4.0 Table 1 (and appendix 2 page 18)

b)    The installation of a fan silencer with sound attenuation across the frequency spectrum at least equivalent to that of the 80/1200 model detailed within section 4.0 Table 2 (and appendix 2 page 17).

c)     The termination point for the LEV aligns with the position detailed within the report.

Thereafter the mitigation measures, or similar as may be agreed in writing with the Planning Authority, shall remain in place for the duration of the use.

Reason: In order to preserve the amenity of neighbouring residential properties from noise emissions associated to the new use.

(3)  ODOUR MITIGATION

The hereby approved use shall not commence unless the mitigation measures recommended in the approved Odour Assessment (Reference: Project Number: P8332.02, Issue 3.0, Date: 14 April 2021) have been implemented in full. These must include:

a)    The ventilation requirements detailed within section 4.7.1

b)    The odour mitigation requirements detailed within section 4.7.2

c)     Installation of the rooftop kitchen extract duct shown on hereby approved drawing no. 102 Rev B

Thereafter the mitigation measures, or similar as may be agreed in writing with the Planning Authority, shall remain in place for the duration of the use.

Reason: In order to preserve the amenity of neighbouring residential properties from odour emissions associated to the new use.

(4)  LITTER BIN PROVISION

The hereby approved use shall not commence unless internal and external litter bins are provided by the operator during hours of operation, in accordance with the details set out in the ‘Customer Waste’ section of the hereby approved Supporting Statement (ref: 201397-01 Rev A). Thereafter litter bins shall be provided in accordance with the agreed details and shall remain in place for the duration of the use.

Reason: In order to minimise the risk of litter from customers and to preserve the amenity of the area.

The Committee heard from Alex Ferguson, Planner, who spoke in furtherance of the application and answered various questions from members.

The Committee resolved:-

to approve the application conditionally.