Alter and change of use to form restaurant from shop

Transcription

1 + D I N BVRG H + THE CITY OF EDINBURGH COUNCIL Item no 7 Report no Full Planning Application at 8 Alexander Drive Edinburgh EHII 2RH Development Quality Sub-Committee of the Planning Committee Proposal: Applicant: Reference No: Alter and change of use to form restaurant from shop I M Enterprise FUL 1 Purpose of report To recommend that the application be GRANTED subject to; Conditions 1. The development hereby permitted shall be commenced no later than five years from the date of this consent. 2. The design and installation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment. 3. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises. 4. The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment. 1

2 ~ The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted to a suitable exhaust point to ensure that no cooking odours escape or are exhausted into any neighbouring premises to the satisfaction of the Head of Planning. The kitchen ventilation shall be achieved by an internal ventilation system to the satisfaction of the Head of Planning and Strategy. Full details of the method of ventilation shall be submitted to and approved in writing by the Head of Planning & Strategy prior to the use hereby approved being taken up. The approved ventilation system shall be installed and tested for the escape of odours to the satisfaction of the Head of Planning & Strategy, prior to the use hereby approved being taken up. Reasons In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts. occupiers, In the interests of visual amenity. 2

3 Main report Site description The property is under a flatted block and is currently used as a shop. It sits around the corner from the main Gorgie Road shopping frontage. Site history There is no relevant planning history for this site. Deve I o pm e n t The proposal is for the change of use from shop to restaurant. Approximately 80 square metres of restaurant floor area is proposed. No changes are proposed to the shop front as part of the application. Consultations Environmental and Consumer Services No objection subject to the following conditions; The design and installation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises. The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted to a suitable exhaust point to ensure that no cooking odours escape or are exhausted into any neighbouring premises to the satisfaction of the Head of Planning. The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment. Representations The application was advertised on 22 August Three letters of representation were received. The reasons for objection may be summarised as follows: - noneed - highway safety - loss of amenity from noise and smell 3

4 Policy The property is subject to the housing and compatible use policies of the South West Edinburgh Local Plan and the draft West Edinburgh Local Plan. Relevant Policies: South West Edinburgh Local Plan Policy H5 establishes that the introduction of non-residential uses within areas of predominantly residential character will only be accepted where they are compatible with the primary housing use of the area. It also establishes a presumption in favour of developments which enhance the provision of local community facilities and services. Policy S2 seeks to maintain existing centres predominantly in shopping use, and sets criteria for this purpose. Draft West Edinburgh Local Plan Policy HI2 states that development which would result in an unacceptable reduction in amenity for residents in the locality will not be permitted. Policy R8 indicates, for all shopping centres, the circumstances in which the change of use of ground floor shop units will be permitted. Policy R2 seeks to protect single convenience shopping units which serve a clear neighbourhood need in areas outwith those defined in policy RI. Non-statutory guidelines 'RESTAURANTS, CAFES AND HOT FOOD SHOPS' provide guidance on the location of such uses and set out conditions to control their impact. 3 Conclusions and Recommendations The determining issues are: - Do the proposals comply with the development plan? - If the proposals do comply with the development plan, are there are any compelling reasons for not approving them? - If the proposals do not comply with the development plan, are there any compelling reasons for approving them? ASSESSMENT To address the determining issues, the Committee needs to consider: a) Whether the proposed use is acceptable in this location; b) Whether the proposals are detrimental to residential amenity or road safety. 4

5 a) The property is an end unit in a parade of shops, around the corner from the main street. The shopping frontage policy in both the South West Edinburgh Local Plan and the Draft West Local Plan identifies only the units fronting Gorgie Road as a local shopping centre. As the unit is at the end of the parade of commercial uses and is not protected by the retail frontage policy, a change of use to a restaurant is acceptable in principle. b) The proposal would be below residential properties and potentially could give rise to noise and smell pollution. However Environmental and Consumer Services have raised no objection to the proposal subject to the implementation of a number of conditions to avoid loss of amenity to neighbouring residents. In this regard, sufficient controls will be in place, The use could result in increased evening activity, but that would be within acceptable limits in this location. The proposal should not generate any more traffic than the existing retail unit and the proposal will not affect highway safety. There are no material planning considerations which outweigh this consideration. It is recommended that the Committee approves this application, subject to the conditions stated. Alan Henderson Head of Planning and Strategy Contacflel Jennifer Young on (FAX ) Ward affected Local Plan Statutory Development Plan Provision 28 - Moat South West Edinburgh Local Plan Draft West Edinburgh Local Plan Housing and Compatible Uses File Drawing numbers/ 01 Scheme 5

6 Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty s Stationary Office 0 Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number LA 09027L The City of Edinburgh Council Address Proposal PLANNING APPLICATION 8 Alexander Drive, Edinburgh, EHII 2RH, Alter and change of use to form restaurant from shop Application number: 0 3/ IF U L 1 WARD I 28- Moat