Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals abcdefghij abcde abc a

Planning and Environmental Appeals Division

Appeal Decision Notice

T: 01324 696 400 F: 01324 696 444 E: dpea@scotland.gsi.gov.uk

Decision I allow the appeal and grant planning permission subject to the 2 conditions listed at the end of this decision notice. Attention is also drawn to the 3 advisory notes at the end of the notice. An application for expenses has been made by the appellant against the council. My decision on that application is the subject of a separate decision notice. Reasoning 1. I am required to determine this appeal in accordance with the development plan, unless material considerations indicate otherwise. Having regard to the provisions of the development plan the main issues in this appeal are any effect the appeal proposal would have on the safety of users of the adjacent highway, and on the amenity of the occupants of nearby residential properties, with particular regard to noise, disturbance or odour. 2. The development plan includes the Aberdeen City and Shire Strategic Development Plan 2014 and the Aberdeenshire Local Development Plan 2012. The council has not drawn attention to any specific policies of the strategic plan, but considers that the proposal would be in conflict with policy 8 of the local development plan (Layout, siting and design of new development) and with supplementary guidance SG LSD2 with the same title, referred to in that policy. 3. The appeal building is a vacant, single storey, partly flat-roofed former public convenience. It fronts Duff Street, part of the main traffic circulation network of the town

Decision by Rob Huntley, a Reporter appointed by the Scottish Ministers Planning appeal reference: PPA-110-2286 Site address: Public Convenience, Duff Street, Turriff, Aberdeenshire, AB53 4AX Appeal by Interurban Developments Ltd against the decision by Aberdeenshire Council Application for planning permission reference APP/2015/2230 dated 12 July 2015 refused

by notice dated 3 September 2015 The development proposed: change of use to hot food takeaway Application drawings: ID1, ID2, ID3, ID4, ID5, ID6, ID7, ID8, ID9, ID10, ID10.1, ID11 and

ID12 Date of site visit by Reporter: 27 November 2015 Date of appeal decision: 18 January 2016

PPA-110-2286

Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR

DX557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals abcdefghij abcde abc a

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and lies outside, but close to the northern edge of, the defined Turriff town centre. In the vicinity of the appeal site Duff Street exhibits a mixed character, comprising residential and commercial properties including a hot food takeaway on the south side of the street. 4. The appeal building immediately adjoins, and is attached to, a terrace of residential properties extending to the west on the north side of the street. To the east is a cleared plot that appears to be awaiting redevelopment. Residential properties front Duff Street immediately opposite the appeal premises, with a commercial tool and equipment supply premises and a fish and chip shop flanking these to the west and east respectively. 5. A single yellow line along the part of Duff Street in the vicinity of the appeal property indicates waiting restrictions in force for part of the day in this location, but I observed no information displayed to indicate what hours this relates to. During my early afternoon site inspection limited on-street parking was taking place on the south side of Duff Street, including in the lay-by opposite the appeal property and outside the tool and equipment supply premises nearby. Contrary to the comment made by the councils Infrastructure Service (Roads Development) in its amended representations, I observed that these parked vehicles did not result in interruption to traffic using the street, which I noted as being relatively light and not to be travelling at high speed. 6. The existence of 4 off-street car parks all within 100 metres of the site, coupled with the small scale of the take-away use proposed and my observations during my site visit, lead me to conclude that parking associated with the appeal proposal would not give rise to undue congestion in the vicinity so as to harm road safety. The existence of yellow-line waiting restrictions and zig-zag road markings associated with the signal controlled crossing to the east makes such short term parking less likely in my view. In any event, I do not consider that the possibility that some drivers might choose to park inappropriately (and possibly illegally), is a justifiable reason, in the absence of any evidence in that regard, to refuse planning permission in this case. The signal controlled pedestrian crossing on Duff Street, some 50 metres to the east, provides safe crossing facilities for pedestrians in close proximity to the appeal site. 7. The council asserts that the proposed use would negatively impact on the amenity of nearby residential properties and the community council and nearby residents have made similar comments. However, I have been presented with no clear evidence to convince me that unacceptable harm would be caused by the proposed development in terms of noise, odour or in any other respect. The councils Health and Safety Team Manager raises no objection to the proposal on these or other grounds, subject to appropriately designed sound proofing and extraction facilities being secured and maintained. The submitted drawings include detailed specifications for such facilities and I am satisfied that with their implementation and subsequent maintenance, the amenity of the occupants of nearby residential properties would not be unacceptably harmed by noise or odour arising from the proposed use of the appeal premises. 8. There would be minimal change to the external appearance of the appeal property, and the physical alterations proposed would not harm the character or appearance of the building or the surrounding area. The council comments that adequate space exists at the front of the building to accommodate bins for waste and recyclable materials. During my site visit I observed that the faade of the appeal building is set-back from the plane of the

PPA-110-2286

Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR

DX557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals abcdefghij abcde abc a

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adjoining terrace by approximately 1.5 metres, providing space for such provision. I therefore I have no reason to disagree with the councils comment in this regard. Consequently, there would be no conflict with policy 8 of the local development plan or with supplementary guidance SG LSD2, which relate primarily to matters of layout, siting and design. 9. Scottish Planning Policy introduces a presumption in favour of development that contributes to sustainable development. The appeal proposal would be consistent with these principles, making use of existing building and land capacity by bringing a vacant building, in an accessible location on the fringe of the town centre, back into beneficial use. 10. Other matters raised in representations, in addition to those dealt with above, include reference to an abundance of hot food takeaway premises in Turriff and the potential that customers would engage in anti-social behaviour. On my site visit I noted the existence of a significant number of food and drink establishments, including takeaway outlets, in the wider area, including a fish and chip shop in Duff Street as mentioned above. However, as the council has no development plan policy to restrict the number of takeaways in the area, this factor does not amount to a justifiable reason to withhold planning permission in this case. 11. I acknowledge that hot food takeaway establishments can give rise to increased pedestrian and vehicular activity in the vicinity, with the potential that noise and disturbance could occur. However, conditions can be attached to regulate the hours of operation so as to ensure that such effects would not be manifest during unsocial hours in the early morning or late at night. Nor do I consider that an inevitable consequence of the proposed use would be that customers would engage in anti-social behaviour. Conditions 12. The council has suggested that conditions be attached to control opening hours and to secure the installation of an odour control system. The appellant confirms acceptance of such conditions in principle. Although I agree, as explained above, that limitations on opening hours should reasonably be applied, I see no justifiable reason to delay opening until 12 noon as the council suggests on Mondays to Saturdays or 16:00 on Sundays. I consider that 10:00, as the appellant suggests, would provide an appropriate balance between safeguarding against potential early morning disturbance to residents and supporting commercial viability. I agree with both parties that a closing time of 23:00 would be appropriate on Fridays and Saturdays. However, I consider that an earlier closing time of 22:00, as suggested by the council, is justified during the working week and on Sundays reflecting a legitimate expectation of an earlier end to potential disturbance from comings and goings on these days. 13. Submitted drawing ID11 contains a detailed specification of sound insulation, extraction, ventilation and odour control facilities proposed to be installed. I have attached a condition requiring these specified measures to be put in place, and to be maintained thereafter, as I consider this approach to provide greater clarity than the councils suggested wording. Conclusion

PPA-110-2286

Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR

DX557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals abcdefghij abcde abc a

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14. I therefore conclude, for the reasons set out above, that the proposed development accords overall with the relevant provisions of the development plan and that there are no material considerations which would justify refusing to grant planning permission. I have considered all the other matters raised, but there are none which would lead me to alter my conclusions. Rob Huntley Reporter Conditions 1. The use hereby permitted shall not take place other than between the hours of 10.00 to 22.00 hours on Mondays to Thursdays and on Sundays, and between 10.00 to 23.00 hours on Fridays and Saturdays. Reason: To protect occupants of nearby residential properties from noise or disturbance early in the morning or late in the evening. 2. The use hereby permitted shall not be opened to customers until the sound insulation, extraction, ventilation and odour control facilities as specified in the notes on approved drawing ID11 have been installed and such facilities have been brought into use. The installed elements shall thereafter be retained in operation in accordance with the approved specification. Reason: To protect local residents from nuisance resulting from noise generated within the building and from the discharge of cooking odours. Advisory notes 1. The length of the permission: This planning permission will lapse on the expiration of a period of three years from the date of this decision notice, unless the development has been started within that period (See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended)). 2. Notice of the start of development: The person carrying out the development must give advance notice in writing to the planning authority of the date when it is intended to start. Failure to do so is a breach of planning control. It could result in the planning authority taking enforcement action (See sections 27A and 123(1) of the Town and Country Planning (Scotland) Act 1997 (as amended)). 3. Notice of the completion of the development: As soon as possible after it is finished, the person who completed the development must write to the planning authority to confirm the position (See section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended)).