Issue - meetings

MR A PIA: ALTERATIONS, ERECTION OF SINGLE STOREY REAR EXTENSION, INSTALLATION OF EXTERNAL FLUE AND CHANGE OF USE OF FLOWER SHOP (CLASS 1) TO TAKEAWAY PREMISES (SUI-GENERIS): 25 LOCHNELL STREET, LOCHGILPHEAD (REF: 21/01250/PP)

Meeting: 20/10/2021 - Planning, Protective Services and Licensing Committee (Item 9)

9 MR A PIA: ALTERATIONS, ERECTION OF SINGLE STOREY REAR EXTENSION, INSTALLATION OF EXTERNAL FLUE AND CHANGE OF USE OF FLOWER SHOP (CLASS 1) TO TAKEAWAY PREMISES (SUI GENERIS): 25 LOCHNELL STREET, LOCHGILPHEAD (REF: 21/01250/PP) pdf icon PDF 443 KB

Report by Head of Development and Economic Growth

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Additional documents:

Minutes:

The Planning Officer spoke to the terms of the report.  The proposal is within the settlement boundary of Lochgilphead and is for the change of use of a shop unit within the town centre to hot food takeaway.  The rear extension to form toilet and sanitary facilities is to be a single storey rectangular structure of around 4sqm adjoining the rear wall of the current building.  It will be accessible from both the premises kitchen and the outside yard. 

 

At the time of writing the report a total of eleven objections to this proposal had been received and the issues raised were detailed in section F of the report.  Reference was also made to two late representations received from Councillor Douglas Philand and Mr Charles Randack.  Councillor Philand raised concerns about the right of access to the rear of the premises and about the land required for development not being under the control of the Applicant.  Mr Randack raised a concern that the dimensions on the plans lodged by the Applicant were incorrect and did not show a true representation of the extension which would result in the loss of amenity for neighbouring properties.  The Planning Officer advised that he was satisfied that the drawings submitted were accurate and would not impact on neighbouring properties.

 

Objectors to this application also questioned the ownership of the land and private access rights which may exist.  It is for the developer to satisfy themselves that there is unencumbered title to the land which would enable any permission to be implemented.  Any planning consent does not override any private legal rights in respect of the land.  The Applicant has certified that he is the owner of the land involved and served the relevant notices on communal owners.

 

The proposal conforms to the relevant policies of the development plan and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.

 

Motion

 

To agree to continue consideration of this application to a future meeting and that arrangements be made for Members to visit the site with Planning Officers in advance of determining this application.

 

Moved by Councillor Sandy Taylor, seconded by Councillor Donald MacMillan.

 

Amendment

 

To agree to grant planning permission subject to the conditions and reasons detailed in the report of handling.

 

Moved by Councillor Rory Colville, seconded by Councillor Graham Archibald Hardie.

 

A vote was taken by calling the roll.

 

Motion                                                 Amendment

 

Councillor MacMillan                          Councillor Colville

Councillor Moffat                                Councillor Devon

Councillor Redman                             Councillor Forrest

Councillor Taylor                                 Councillor Freeman

Councillor Trail                                    Councillor Green

                                                            Councillor Hardie

 

The Amendment was carried by 6 votes to 5 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 14.06.2021, supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Plan Title.

Plan Ref. No.

Version

Date Received

Site plan proposal

20-2734-P-03

 

15.06.2021

Plans, elevations, sections existing

20-2734-P-01

 

15.06.2021

Plans, elevations, sections proposed

20-2734-P-02

 

15.06.2021

Door schedule

20-2734-P-04

 

15.06.2021

Measure Survey

2734

 

15.09.2021

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    Notwithstanding the provisions of Condition 1, no development shall commence until a scheme for the control of odour arising from the operation of the permitted use has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a fume extraction system with an external extraction duct incorporating an odour control unit. The ventilation provided must discharge at high level to ensure adequate dispersal of any cooking fumes and that level must be at least 900mm above any window opening. The terminal of the duct must not be fitted with any plate or other restriction that will impede the vertical discharge of emissions.  

 

The permitted use shall not be commenced until the duly approved ventilation, extraction and odour control system is operational and thereafter it shall be maintained in accordance with the manufacturer’s instruction unless it is replaced by an alternative system with the prior written consent of the Planning Authority.

 

Reason: In order to avoid odour nuisance in the interest of amenity.

 

3.    Notwithstanding the provisions of Condition 1, no customer shall be permitted entry to the premises before 10:00 or after 23:00 and no customer shall be permitted to remain on the premises after 23:15.  

 

Reason: In order to protect the amenity of the area.

 

4.    Given the proximity of the neighbouring residential properties to the site address, construction works shall be restricted to 0800-1800 hours Mondays to Fridays, 0800-1300 hours on Saturdays and not at all on Sundays. Bank or Scottish Public Holidays.

 

Reason: To minimise the impact of noise generated by construction activities on occupiers of residential properties.

 

5.    Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the walls, roof and door of the rear extension have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority.

 

Reason: In order to integrate the development into its surroundings.

 

6.    If, in the opinion of the local planning authority, the proposed ventilation flue results in any noise nuisance to an occupant of any neighbouring residential property, the applicant shall install noise mitigation measures agreed and approved in writing by the planning authority.

 

Reason: In order to safeguard neighbouring property from any potential noise nuisance in the interests of residential amenity.

 

(Reference: Report by Head of Development and Economic Growth dated 6 October 2021, submitted)

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