3. The consent hereby granted does not include any external alterations.

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1 Keith WARD 23 02/00425/FUL 19th March 2002 Change of use of retail shop to form pool room at 150 Mid Street Keith Banffshire AB55 3BJ for Mr Gordon Maver Comments: This application is being referred to the Committee because it involves a departure from policy being recommended for approval. Procedure: Hearing recommended. Recommendation: Permit - Subject To The Following:- 1. The development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission is granted. 2. Unless otherwise agreed with the Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions. 3. The consent hereby granted does not include any external alterations. 4. As part of the development hereby approved the existing shopfront shall be retained and at all times shall be maintained as a display window in accordance with details to be submitted to and approved by the Council prior to development works first commencing. 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes)(Scotland) Order 1997 (or any order revoking and re-enacting that order) the approval hereby granted only relates to the use of the premises as pool room and for no other use or purpose without the prior approval of the Council, as Planning Authority. Reasons: 1. The time limit condition is imposed in order to comply with the requirements of Section 58 of the Town and Country Planning (Scotland) Act In order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the development or character and amenity of the surrounding properties and area. 3. For the avoidance of doubt and so that due consideration may be given to the necessary formal consent for any material works in this respect.

2 4. In order to avoid a frontage which is devoid of street front interest and which visually detracts from the interest and variety expected in the main shopping centre location involved. 5. In order to retain Local Authority control over the use of the site and to ensure that consideration can be given to the effects and impact of uses other than that approved herewith.

3 PLANNING APPLICATION: 02/00425/FUL In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications The Proposal Change of use of a retail shop to a pool room (5 pool tables proposed). The Site 150 Mid Street, Keith. Policy / Objections-Representations / Consultations - See Appendix History None relevant to application. Advertisement Advertised under Section 34 of Act, development in the Conservation Area and as a Departure. Observations Determining Issues : Departure from Policy - Principal of a Non-Retail use in a Main Shopping Centre Location (L/R2) This application is a departure since it involves a non-retail use on a defined main shopping frontage (policy L/R2). The material considerations to justify a departure are as follows : the proposed pool room use would not contribute to a change in the balance or pattern of retailing in Mid Street. the pool room use would be a facility principally for visiting members of the public. Policy L/R2 allows for uses catering principally for visiting members of the public provided they are in Classes 2 and 3 of the Use Classes under (Financial Professional and other services). Although a pool room does not fall in Classes 2 and 3 of the Order it will cater principally for visiting members of the public.

4 providing a shop window type display is maintained (see condition) the pool room would not detract from the interest and variety of the centre. The exceptions allowed for in policy L/R2 require a shopfront to be retained. The plans submitted show a front display window. Recommendation Approval, for reasons indicated above. Author/Contact Officer: Maurice E Booth Planning Officer Ext: Signature.... (Joe Geoghegan, Development Control Manager) R A STEWART DIRECTOR OF ENVIRONMENTAL SERVICES

5 APPENDIX POLICY Moray Structure Plan and/or Moray Local Plan 2000 Moray Structure Plan Strategy The Moray Structure Plan Strategy is to promote economic growth and development across Moray whilst safeguarding and enhancing the natural and built environment, and promoting overall sustainability. This will require: i) the provision of adequate land for development focused upon the existing settlement pattern; ii) the securing and targeting of resources to promote economic development and employment opportunities; iii) the securing of a modern transport and communications network; iv) the protection and conservation of the valued elements of the natural and built environment; v) the efficient use of energy related to and in the location of the development; vi) the sustainable use of natural resources; vii) the promotion of community planning and development; viii) the promotion of well designed and located development in remoter rural areas. Policy S/ED1: Approach to Economic Development The approach to Economic Development in Moray is to target public and private sector resources into towns and established business areas while safeguarding the environment and making best use of infrastructure. It will promote:- i) the growth and diversification of indigenous businesses and services; ii) the safeguarding of those natural resources which underpin local industry; iii) inward investment opportunities; iv) telematics/information processing and v) tourism. The approach will include taking full advantage of available European funding for industrial and business infrastructure and seeking adequate replacement of existing Structural Fund arrangements to benefit Moray. Policy S/ENV1: Approach to the Environment The approach to Environmental Policy is to conserve and enhance Moray's environmental assets, and require that new development is sensitive to siting, location, and design considerations, whether in town or country. Policy L/ENV15: Conservation Areas

6 (i) New Developments Applications for new developments which affect conservation areas will require to be submitted in detail and will be advertised as necessary. New developments must preserve and enhance the Conservation Area. (iii) Rear and Side Elevations The rear and side elevations of buildings must be treated with the same care as front elevations where, as in many conservation areas, the rear and/or side elevation forms an important element in lanes side streets and views of towns from approach roads. (v) Shop Fronts and Security Devices Shops in Conservation Areas should retain original signs where possible. Where archive drawings and/or photography exists, the Council will encourage the reinstatement of the original shop fronts which have been lost. New shop fronts must be designed in relation to the whole elevation of a building so that the new shop front relates to established fenestration, floor height and vertical alignment of buildings. Shop fronts in conservation areas should be constructed in materials appropriate to the original building and will normally be wooden. Security devices in the form of removable and/or are fold away grilles are preferred although perforated roller shutters will be permitted provided that box devices do not project beyond the building line. Policy L/T4: Provision of Road Access The Council will require that a suitable and safe access from the public highway is provided. Policy L/T7: Parking Standards Proposals for different forms of development must comply with the Council's 'Car Parking Standards' (available from the Council's Roads Service). Where development (including housing) within the defined town centre cannot reasonably supply parking on site, (or where it is appropriate not to include parking), the developer will require to comply with the Council s system for commuted payments for parking. Housing development in town centres which need not provide residential parking on site, must make provision for vehicular access for deliveries and emergencies. In housing developments of over 30 houses, provision must be made for communal off-street parking, in addition to in-curtilage in order to permit the parking of large commercial vehicles away from road frontages. Policy S/R1: Retail Development within Town Centres There will be a presumption in favour of new retail development within town centres. The Moray Council will in partnership with Moray, Badenoch and Strathspey Enterprise and the private sector, seek to instigate measures and promote projects which will improve the economic performance of town centres.

7 Policy L/R1: Retailing in Town Centres There will be a presumption to approve retailing development within designated town centres subject to:- a) Impact on the surrounding built environment: Sensitive design solutions will be sought on sites within or adjacent to designated conservation areas in Elgin, Forres and Keith. Key landmark locations may also be subject to design policy L/IMP3(iii). (This may specifically be applied to sites to the north of Alexandra Road in Elgin). Design solutions must also address pedestrian links and circulation around the site and access for the disabled. b) Infrastructure and access provision: Major development proposals may require to submit Traffic Impact Assessments as part of the planning application. Proposals may also be required to address flood risk issues particularly in Elgin and Forres (see Policy L/ENV26). c) Parking Provision and public transport arrangements: Developments which entail major additions to retail floorspace in the town centres, may be required to provide, or contribute towards the provision of extra parking spaces in the town. Moray Council standards for car parking for retail developments will be applied to all retail proposals. Applications will also be required to demonstrate links with local public transport provision. The Local Plan operates a number of policies designed to protect and foster the vitality of the existing town centre retail structures. Policy L/R2: Non-Retail Exclusions Approval is unlikely to be granted for non-retail uses at frontage ground floor level in defined "core areas" in Elgin High Street, Forres High Street, Keith Mid Street and Buckie Town Centre. Financial, professional and other services (as defined by Classes 2 and 3 of the Use Classes Order) which are demonstrated to provide principally for visiting members of the public, may be acceptable if proven to need a shop front. Policy S/IMP1: Development Siting, Layout and Design New development will require to be sensitively sited, designed and serviced. It should meet the following criteria:- i) its, scale, density and character is appropriate to the surrounding area; ii) it can be successfully integrated into the surrounding landscape; iii) it meets wider transportation and local site energy efficiency objectives; iv) adequate infrastructure is available or could be made available in conjunction with the development; v) consideration is given to the provision of infrastructure which meets sustainable urban drainage principles using appropriate Sustainable Urban Drainage Systems; vi) adequate social and community facilities are available or could be provided in conjunction with the development;

8 vii) viii) ix) it does not adversely affect nature, urban or historic conservation resources; it seeks to manage flood related issues; pollution is avoided, including pollution of ground water. Policy L/IMP1: Development in Built-up Areas In areas covered by this policy, (i.e. all land within settlement boundaries and rural communities), the Council will, in considering applications for planning permission, try to ensure that proposals for development do not harm the general character of the surrounding area. Applications will therefore take account of the main uses of land and buildings in the vicinity, the mix of such uses and the architectural quality of the area. The main concern of the Council is to ensure that development proposals should neither conflict with nor detract from the character, amenity and design of an area. This policy will not preclude appropriate new development and is not intended solely to maintain the status quo. In interpreting and clarifying this policy, the Council will take into account the guidelines on Character, Amenity and Design. Guidelines on Character, Amenity and Design (L/IMP1) a. Character The character of an area is assessed by the; (i) (ii) (iii) (iv) main uses; appropriateness of a diversity of uses; and desirability of introducing a development which may detrimentally alter the existing balance of usage architectural style of the area. b. Amenity The amenity of an area is assessed in terms of both the people who will occupy the development site, and the adjoining occupiers. In short, new developments should be "good neighbours". Where there is an inherent incompatibility of neighbouring developments, or where remedial action cannot be made effective, applications are likely to be refused. The important aspects of amenity which the Council considers are worth protecting are:- (i) (ii) (iii) Privacy - for both the occupants of a proposed development and surrounding neighbours. Loss of privacy can be minimised by re-orientation, reducing the densities of development reducing the size of buildings, and attention to building levels or by design modifications, for example, window proportion and size. Traffic - the introduction of increased traffic movement and resulting noise, can significantly detract from the amenities of an area. General Disturbance - protection from activities which create unreasonable levels of noise, smells and other discomforts including wheeled bin locations.

9 (iv) Sunlight/Daylight - adequate levels of sunlight and daylight, and to a lesser extent, outlook, should be safeguarded for surrounding properties and afforded to new developments. b. Design Design of new development should not only relate to the type of development in the immediate vicinity but also to the wider issues of context and setting. This need not be restrictive to new or innovative architectural expression. Applicants should, therefore, avoid design proposals which compromise the appearance of design characteristics of the surrounding area. In considering the appropriateness of a design the Council will have regard to: (i) (ii) (iii) (iv) The scale of adjoining development. The materials, finishes and colours used in nearby development. Any features on or near the site worthy of reproduction, protection or enhancement, e.g. trees, hedges, views and other features of public importance. Principles of site sensitive design e.g. that pitched roofs are preferred to flat roofs, piended dormers to box dormers, vertical windows to horizontal picture windows etc., where these features predominate in an area. OBJECTIONS-REPRESENTATIONS Letter of objection from : Lloyds TSB Scotland, Network Property Management Scotland and North, Alba House, 7 Logie Mill, Beaverbank Business Park, Logie Green Road, Edinburgh Grounds of objection : - Proposed use detrimental to amenity of Mid Street. Current prevalence of vandalism would be worsened due to attraction of more youths congregating. Comment : The type of clientele attracted to an establishment is not a planning issue. Vandalism is a criminal activity subject to separate legislation. Furthermore, it is considered that the proposed pool room will provide an activity focus which may otherwise be lacking. CONSULTATIONS Transportation Manager, Direct Services - No objection. Environmental Health, Direct Services - No objection. Environmental Protection, Direct Services - No response.

10

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