Agenda item

Planning Reference – 211587

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Link.

Planning Officer:  Gavin Clark

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for detailed planning permission for the installation of a takeaway food kiosk and outdoor seating area with decking, including change of use (partly retrospective) (Temporary for 18 months) at land at former Cults Railway Station Aberdeen, be approved subject to the following conditions:-

Conditions

1.               Planning permission is hereby granted for a temporary period only and shall cease to have effect and lapse (excepting the effect of condition 2) on 31st July 2024 (the 'cessation date'). Prior to the cessation date, the use hereby permitted shall cease, the application site shall be cleared of all works and development approved under the terms of this permission (including any subsequent ancillary works, infrastructure, fixtures, fittings and any temporary developments permitted under Class 14 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992) and the application site shall be reinstated in accordance with the agreed restoration scheme submitted to and approved in writing by the planning authority under the terms of condition 2 of this permission.

Reason: To ensure the building is used for a temporary period in terms of the Supplementary Guidance: Temporary Buildings and minimise the impact on the amenity of the surrounding area and to ensure the appropriate restoration of the site.

2.               Within two months prior to the cessation date of 31st July 2024, full details of a scheme for the restoration of the application site shall be submitted to and approved in writing by the Planning Service. Prior to the cessation of this permission the site shall be restored in accordance with the approved restoration scheme.

Reason: To ensure the timeous and appropriate restoration of the site following the expiry of this temporary permission, in the interests of the visual amenity of the area.

3.               That within one month of the date of this permission, the cycle storage facilities as shown on drawing no. 1003 Rev B (Site Plan – Proposed) shall be provided and retained for the duration that the building is located on site.

Reason - in the interests of encouraging more sustainable modes of travel.

4.               That no cooking or frying operations (including but not limited to: deep fat frying, shallow frying, oven cooking, boiling, stewing, grilling, or broiling) shall be carried out on the premises.

Reason: in order to protect the amenity of neighbouring uses from cooking odours.

5.               That the use hereby granted planning permission shall be undertaken in accordance with the details outlined in the Litter Management Plan (Section 6.8 of the approved Design Statement), unless otherwise agreed in writing by the Planning Authority.

Reason - In order to ensure suitable waste storage and collection arrangements are in place, including appropriate facilities for customers and to protect public health and the amenity of the area.

6.               That the use hereby approved shall not operate outwith the times in the following days and months: a. In the months of April to September (inclusive) in any given year the use hereby approved shall not operate outwith the hours of 08:00 to 19:00 Monday to Thursday or outwith the hours of 08:00 to 20:00 Friday to Sunday. b. In the months of October to March (inclusive) in any given year the use hereby approved shall not operate outwith the hours of 08:00 to 17:00 Monday to Saturday and 09:00 to 17:00 on a Sunday.

Reason: In order to preserve the amenity of neighbouring properties.

The Committee heard from Gavin Clark, Senior Planner, who spoke in furtherance of the application and answered various questions from members.  Mr Clark advised that in relation to conditions 1 and 2, that the date should state 31^st July 2023 and not 31^st July 2024.

The Committee resolved:-

to approve the application conditionally and to amend the date in condition 1 and 2 to 31^st July 2023.