Minutes:
The application before Members was seeking planning permission for the change of use of the ground floor unit from an A1 retail use to an A3 restaurant.
Prior to the discussion by members Councillor Chapman commented that he was challenging the basis for the approval given the location. The location he considered was outside the town centre retail boundary. Councillor Chapman also commented that there was insufficient parking in the area and that only take-aways and not restaurants were situated in the part of South Street. The application was not subject to Policy RM11 as it was outside the retail fringe.
Councillor Chapman then left the meeting as he had previously declared an interest in the item P1475.14 as stated at the beginning of these minutes.
Members noted that the application had been called in by Councillor Frederick Thompson on the grounds that a restaurant in that part of South Street with later opening than the present retail use was unsuitable for the location under what were a large number of retirement flats and that the necessary provision of an extraction flue was unlikely to safeguard the residents above from cooking smells impinging on the enjoyment of their properties. Furthermore the location could not absorb any more parking, being on a bus route and Regarth Avenue had little parking provision in the evening, the disposal of restaurant waste also gave rise to concerns.
In accordance with the public speaking arrangements the Committee was addressed by an objector without a response from the applicant.
The objector advised that he was representing the residents of Gibson Court. The objector commented that noise and cooking smells emanating from the restaurant would harm the resident’s amenity. The objector also commented about the longer opening hours and the problems with parking in the area.
With its agreement Councillor Frederick Thompson addressed the Committee.
Councillor Thompson commented that the site was unsuitable for a restaurant due to the residential properties for the elderly situated above. Councillor Thompson also commented that the food smells would spoil the amenity of the courtyard situated behind the retail unit.
During the debate members discussed Gibson Court which had specifically been built for the elderly and the impact the restaurant would have on the residents.
Members also discussed the parking problems in the area but felt this would be a weak argument against refusing planning permission as the area had a very high PTAL rating.
Members also discussed planning policy DC61 that stated that planning permission would not be granted where the proposal had adverse effects on the environment by reason of noise impact, hours of operation and fumes.
The report recommended that planning permission be granted however following a motion to refuse the granting of planning permission which received unanimous support it was RESOLVED that planning permission be refused for the following reasons:
Harm to amenity arising from (a) noise and smells associated with operation of restaurant close to sheltered complex and other residences; (b) noise and disturbance caused by patrons including movement of their vehicles within Regarth Avenue.