Agenda item

Planning Reference – 230407

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Planning Officer:  Roy Brown

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 amenity land to temporary outdoor seating area for a public house including erection of marquee with bar, adjacent storage container, and associated al fresco areas at land opposite 10 Queens’s Terrace Aberdeen, be refused for the following reasons:-

The proposal involved a significant proportion of the Urban Green Space of Queen’s Terrace Gardens being utilised for private commercial purposes, consequently inhibiting public access tothis public open space. No replacement green space provision was proposed. The proposeddevelopment was therefore contrary to Policies 14 (Design, Quality and Place) and 20 (Blue and GreenInfrastructure) of National Planning Framework 4 and Policy NE2 (Green and Blue Infrastructure) of the Aberdeen Local Development Plan 2023.

In terms of the statutory duty to pay special regard to the desirability of preserving and enhancing the character and appearance of the conservation area, by way of their design, scale and siting in their context, it was considered that the proposed structures would adversely affect the setting of the adjacent listed buildings and the character and appearance of the Albyn Place and Rubislaw Conservation Area. The proposal would therefore conflict with Policies 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of National Planning Framework 4 and Policies D1 (Quality Placemaking) and D6 (Historic Environment) of the Aberdeen Local Development Plan 2023.

Based on the information that had been submitted, the proposal would not conserve, restore or enhance biodiversity and no evidence had been submitted to demonstrate that the proposal would protect the nearby trees from damage. The proposal therefore resulted in a tension with Policies 1 (Tackling the Climate and Nature Crises), which required significant weight to be given to the nature crisis, and Policy 3 (Biodiversity) of National Planning Framework 4 and Policy NE5 (Trees and Woodlands) of the Aberdeen Local Development Plan 2023.

Notwithstanding that every planning application was considered on its own merits, given the presence of other Class 3 uses in the area within close proximity of the gardens, there was the potential for this development to make it difficult to resist similar proposals nearby in the area, which could result in the greater loss of open space, to the detriment of public amenity.

Thus, whilst it was recognised that this development would increase economic activity locally, had the potential to increase footfall in the area and support local job creation, significant public harm would result from the combined loss of this valued area of open space as a public amenity, its impact on the historic environment and through the biodiversity matters not being sufficiently addressed. As such, the development would conflict with overall aims of the Development Plan.

The Committee heard from Roy Brown, Planner, who spoke in furtherance of the application and answered various questions from Members.

The Committee then heard from Anthony Dawson, Nicky Turnbull, Holly Greenhalgh, Gary Ross, Mike Innes, Andy Forbes and Alasdair Smith, who all spoke in support of the application.

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

The Committee resolved:-

to approve the application conditionally for the following reasons:-

That due to the relatively small area of the Queen’s Terrace Gardens that would be occupied by the proposal and given that the facility could be used by members of the public, there was no conflict with Policies 14 (Design, Quality and Place) and 20 (Blue and Green Infrastructure) of National Planning Framework 4 and Policy NE2 (Green and Blue Infrastructure) of the Aberdeen Local Development Plan 2023.  

That due to the temporary annual nature of the use, and the retention of existing natural screening, it was considered that any detrimental impacts on the character of the Albyn Place and Rubislaw Conservation Area and nearby Listed buildings would be neutral and therefore in line with Policies 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of National Planning Framework 4 and Policies D1 (Quality Placemaking) and D6 (Historic Environment) of the Aberdeen Local Development Plan 2023.

The proposal was directly associated with an existing Class 3 (food & drink) use and would increase economic activity locally. The proposal had the potential to increase footfall in the area as well as support local job creation.

It was acknowledged that the application site was within an accessible location in the West End area near the city centre and the development would provide a food and drink use in a marquee with outdoor seating for those living and working in the nearby area as well as providing employment opportunities for the local population, all in accordance with the community wealth building aspect of Policy 25 of National Planning Framework 4 and Policy VC6 West End areas of the Aberdeen Local Development Plan 2023.

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)  TEMPORARY AND SEASONAL USE

That the temporary buildings / structures and use hereby granted planning permission shall only be in situ within the period from 1 May until 30 September inclusive in any calendar year. Within one week following the latter date in each period, the structures shall be removed and the site shall be fully reinstated and made available as public open space. No structures shall remain in place beyond 30 September 2025.

Reason: In order to secure restoration of the site as public open space as the character and siting of the structures is not such to warrant their retention on a permanent basis, and to limit the consent to a period of 3 years, due to the temporary nature of the proposals.

(3)  RESTRICTION OF OPENING HOURS & PLAYING OF AMPLIFIED MUSIC

That the development hereby approved shall only be used between the hours of 9am and 11pm on any given day; any amplified music or other such noise generated by speakers shall only be played within the structure between the hours of 9am and 10pm; and the generator hereby approved shall be suitably noise attenuated to the satisfaction of the Planning Authority.

Reason: In order to preserve the amenity of the area in relation to noise emissions.

(4)  TREE PROTECTION MEASURES

That the development hereby approved shall not commence unless a scheme of tree protection measures during the construction, use, and removal, of the structures hereby approved for all trees within 5m of the application site has been submitted to, and approved in writing by the Planning Authority. Thereafter, the tree protection measures shall be implemented in accordance with the approved scheme.

Reason: In order to protect the trees on the site, in the interests of the natural environment.

(5)  RESTORATION OF GROUND

That the development hereby approved shall not commence unless a scheme for restoring the site, including re-seeding and / or re-turfing has been submitted to, and approved in writing by the Planning Authority. Thereafter, within one month of the structures having been removed, the site shall be restored in accordance with the approved scheme.

Reason: In order to ensure the timeous reinstatement of the site following the expiry of this temporary permission in the interests of the amenity of the area.

-        Councillor Ciaran McRae, Convener