Agenda item

Planning Reference – 221514

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Link.

Planning Officer:  Lucy Greene

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 erection of a temporary marquee to the existing north car park to provide a covered external area for outdoor dining and drinking space, at Dutch Mill Hotel, 7 Queens Road Aberdeen, be refused for the following reasons:-

Due to the location of the structure in the frontage area of the building, its form and proposed materials, it was considered that the proposal would have an unacceptable impact on the character of the Albyn/Rubislaw Conservation Area and the setting of the category C listed building. Approval of the proposal would set an undesirable precedent for similar development along Queen’s Road and in similar locations throughout the City. It was concluded that these considerations outweighed the benefits to the business, local economy, and community. In the context of Covid-19 social distancing requirements being eased and hospitality venues returning to full capacity, it was considered that there was no longer any compelling justification for this development that could outweigh the identified conflict with the Development Plan.

The proposal would be contrary to Policy D4: Historic Environment and D1: Quality Placemaking and Design in the adopted Aberdeen Local Development Plan 2017 and to Policies D6: Historic Environment D1: Quality Placemaking in the Proposed Aberdeen Local Development Plan 2020 and the Revised Draft National Planning Framework 4, which was a significant material consideration.

The Committee heard from Ms Lucy Greene, Senior Planner, who spoke in furtherance of the application and answered questions from members.

The Committee then heard from Mr Ian Mills and Mr Finlay Cran, who both spoke in support of the proposed application. 

The Committee also heard from Ms Elaine Farquharson-Black, who spoke in support of the application on behalf of the applicant.

The Committee resolved:-

to approve the application subject to the following conditions.

(01)    DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

(02) TIMESCALE FOR CESSATION OF USE AND REMOVAL OF STRUCTURE

That permission for the development hereby approved shall be for a limited period, expiring 3 years from the date of this permission. The use of the marquee shall cease on 10.02.2026, with the marquee being removed from site by 28.02.2026.

Reason: In order to retain control over this temporary form of development and to enable the impact of the development on the amenity of the surrounding area to be reviewed.

(03) NOISE EQUIPMENT

That there shall be no amplified music played in the marquee other than through the equipment identified in the Noise Impact Assessment by Grosle Environmental Services Version 4 dated 24.05.22, namely:

a)    A 100v line speaker system consisting of eight ceiling mounted speakers facing downward inside the marquee as detailed within sections 6.1.1 (and 5.4) and providing a maximum permitted music sound pressure level output of 71 dB(A) at one metre based on assessment conditions detailed within section 5.2.3.

Reason: In the interests of the amenity of the occupiers of nearby buildings.

(04) HOURS OF USE

Use of the marquee shall be prohibited between the hours of 22:00 hours and 12:00 hours on any given day.

Reason – in the interests of the amenity of the area.

(05) TREES

That the marquee hereby granted planning permission shall not be brought into use unless there are in place at least 4no. trees in the locations indicated on the approved drawings, or others that shall be subsequently agreed, in accordance with details of species and size at planting that have been submitted to, and agreed in writing with the planning authority. If any of the trees die or are severely damaged they shall be replaced with others of the same size and species.

Reason - in the interests of the visual amenity and character of the area and to help screen views of the marquee.