Appendix 4 - Objection Letter - Mr Nicol
Perth and Kinross Council · 1 July 2024
Back to Licensing Committee — 1 July 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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3 E E E D b O . v; Callum NICOI 8 188 High Street & Kinross a KY13 80E Monday 13 h May 2024 Head of Legal Services Chief Executive's - Legal Perth & Kinross Council Pullar House 35 Kinnoull Street Perth PH1 SGD Dear Sir/Madam, Re: Objection to the Variation of Condition 7 of Street Trader Licence at 207 High Street I am writing to strongly oppose the application made by Gemma Grant to vary Condition 7 of a Street Trader Licence in respect of the site at 207 High Street, Kinross. As a resident of 188 High Street, Kinross,zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAI am deeply concerned about the potential impact , of this licence variation on our community, particularly on the following grounds: Residential Area Unsuitability: 207 High Street is situated within a residential area. Granting this variation would lead to increased noise, litter, and traf c congestion, signi cantly disrupting the peace and quiet of our neighbourhood. We all have a right to peacefully enjoy our homes without unnecessary noise, particularly during unsociable hours. Completely Unacceptable Trading Times and Practices: The proposed trading times (which have been posted on social media), along with every other part of the applicant s proposal, are completely unacceptable for this residential area. The operation of a generator at unreasonable hours, increased queuing on the road (which can already happen due to the car wash), increased traf c noise & pollution and foot fall, and the potential for increased litter and vermin pose a signi cant disturbance to the residents' peace and quiet enjoyment oftheir homes and the immediate area. The opening hours for this proposed food truck, which is already on site along with several recently decorated picnic benches, have been posted on social media under the names Kitchen Creations and Dirty Dog , along with menus. The food truck is already in situ placed directly next to the closest residential boundary. The benches on site are very concerning and further increase the potential of noise coming from the premises as they clearly show that there is a planned dining area. I do not want to be woken by a food truck preparing to start serving at 6:30am 6 days a week and 8am on a Sunday the fact that I even have to oppose this is farcical. I can t imagine anyone would ever be happy about a food truck and its customers being their alarm clock. I
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K, Precedent: From researching the topic of food truck licence applications in residential areas
1 throughout Scotland, articles found via search and archive tools show numerous licence
requests rejected (too many to list) in residential areas due to concerns from residents about
increased noise, traf c, litter and general negative impact to residential living standards in
the residential areas.
The most relevant of these to this application was a licence rejected by Perth and Kinross
Council in 2021. I have copied an article byJamie Buchan which was printed in The Courier
on February 10 h 2021 and it includes a quote from the council that I have highlighted.
By Jamie Buchan
Perth and Kinross Council has rejected plans for a newfood truck in a residential area over
fears it could cause noise pollution.
The local authority has refused the application to locate the mobile food unit on Rannoch
Road in Scone.
A council planning o icer said: The proposal involves the siting of a mobile food unit
within a residential area which raises concerns with noise and disturbance associated with
' the use.zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAa _ ... , . _ , . y . _
The site is located within close proximity to residential properties and it is considered that
the operation ofa food unit on the site has the potential to cause undue harm to the
' amenity of neighbouring residents.
Several residents of Rannoch Road raised objections to the proposals, citing concerns over
increased noise and traffic.
A letter of representation from one resident said: Rannoch Road is a residential area and
this proposal is simply not compatible with the nature of the street or its amenity.
It would result in increased noise, disturbance and pollution for those living on Rannoch
Road.
Property Devaluation: Quite simply, if there had been a food truck on a site directly across
the road when we arrived to view this property nearly_10 years ago we would not even have
attended the property viewing, never mind going through with the purchase. We would
have found a constant ow of traf c, cooking smell and noise completely off putting and not
something we wanted to live next to. I can t imagine many home buyers being thrilled at the
thought of living directly next to a food truck and all of the disruption that comes with it.
Litter and Vermin Concerns: As a frequent walker of the nature reserve, I have observed an
abundance of litter along the path at the loch, much of it originating from local takeaways.Page 3
Poor Qua'l 'i ty or'i g'i na'l
Allowing street trading in this area risks attracting vermin to the high street and exacerbating
the litter problem, further impacting the nearby nature reserve.
Traf c and Parking Issues: Granting this variation would inevitably lead to increased traf c
congestion in an already highly congested area, so congested that we have to plan any
outings around returning at a time where we may get a parking space. This area of the High
Street is already plagued by issues such as speeding, loud music, car horns and queuing on
the main road which is mainly caused by the existing car wash, there is also often loud music
from the site and trucks unloading vehicles late into the night or during the early hours.
Introducing a food truck to the site would exacerbate these problems, making the area
intolerable for residents.
Hidden Notice of Application: It has come to my attention that the notice of the application
is not on public display as required but is in fact on the site in between two vehicles and not
publicly facing. We would not have been aware of this application if it had not been brought
to our attention after the opening date and times were posted on social media at which time
a neighbour went to look for the notice. I have attached an image of their placement of the
notice.
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Alternative Sites within the Area: There are several purely industrial sites within the local
area where food trucks & burger vans could trade from that wouldn t disturb local residents
and affect the quality of their lives, this should be the primary concern when addressing this
application that resident s quality of life will be affected by this in a wide range of ways if itPage 4
Poor Qua'l 'i ty or'i g'i na'l goes ahead. If this licence is granted then peoples enjoyment of their homes will be affected all for the sake of some fast food which can be obtained in abundance from businesses that are already established in premises further up the high street with adequate parking and waiting areas for their customers. There is not a community need for a food truck in a residential area, but there is a community need for the right to peaceful enjoyment within your own home. For these reasons, I strongly urge the Council to reject the proposed variation of Condition 7. Please acknowledge receipt of this objection and inform me of any further steps in this process. Yours faithfully, Callum Nicol