Agenda item

Planning Reference – 221298

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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 2 (financial, professional and other services) to class 3 (food and drink); change of use from pavement to outdoor seating area with associated enclosure and the installation of canopy and kitchen extract flue at 495-499 Great Western Road Aberdeen, be approved subject to the following conditions:-

(1)  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.

(2)  FORMATION OF BIN STORE AREA

The hereby approved use shall not operate unless the bin store area shown in the approved plans under planning permission 230195/DPP, or similar as may be agreed in writing with the Council, has been installed and appropriate commercial bins have been made available for the storage of any waste and recyclables generated by the use.

Reason: In the interests of ensuring the satisfactory storage and collection of waste and recyclables without detriment to the amenity or character of the area.

(3)  CYCLE PARKING

The hereby approved use shall not operate unless two cycle parking loops have been installed for use by customers as shown on approved Ground Floor Layout Plan drawing P01 Revision D.

Reason: In order to encourage and facilitate the accessibility of the new use via sustainable and active modes of travel.

(4)  LOCAL EXTRACT VENTILATION SYSTEM

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 within the café premises unless the Local Extract Ventilation System detailed in Figures 3 & 4 and Section 5.3 of the hereby approved Odour Assessment (FEC Ltd ‘Kitchen Ventilation Report including Odour Assessment’ - Issue 01, 3rd February 2023), or a similar system as may be agreed in writing with the Council, with critical odour mitigation measures achieving at least an equivalent effect of those measures stated has been installed, including:

1.      Grease baffle filters within extract canopy (providing initial grease removal/fire protection) as detailed within section 5.3.3 and Appendix C

2.      A two-stage carbon filter unit incorporating a washable panel/bag pre-filter followed by carbon filtration (with a minimum 0.2 second carbon filters residence time) as detailed within section 5.3.4 and Appendix C

3.      A high velocity vertical discharge cowl with bird mesh and an internal drain as detailed within section 5.3.6 and Appendix C-5.

Thereafter the use shall not operate unless the approved Local Extract Ventilation System is in place and operational.

Reason: In order to preserve the amenity of surrounding properties and the area by adequately filtering cooking odours. 

(5)  NOISE MITIGATION

The hereby approved use shall not operate unless:

1.     Kitchen intake/extract fans with equivalent or lower noise emissions to those detailed in sections 2.3 & 2.4 and appendices 8.2 & 8.3 of the hereby approved Noise Impact Assessment (FEC Acoustics, 7 February 2023) have been installed, and evidence of this installation has been provided to, and agreed in writing by, the Planning Authority; and

2.     Evidence has been provided to, and agreed in writing by, the Planning Authority to demonstrate that the café ceiling has been insulated to give a minimum total reduction in sound from the café to the first-floor flats of 47dB. Such evidence should be verified in writing by a professional noise consultant based on agreed inspection checks during and after work on site.

Reason: In order to protect the amenity of neighbouring residents from noise emissions associated to the café’s cooking operations and customers.

(6)  OPENING HOURS

The hereby approved use and associated outdoor seating shall only operate between the hours of 8am to 11pm on any given day.

Reason: In order to protect the amenity of neighbouring residents from noise and activity during the quieter, more sensitive late evening and early morning periods.

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

The Committee then heard from Colin Speirs, who objected to the application.

The Committee then heard from the applicant George Tester and his daughter Lucy Slatter who spoke in support of the application.

The Committee resolved:-

to approve the application conditionally.