Item 4(iv) LRB-2023-23
Perth and Kinross Council · 14 August 2023
Back to Local Review Body — 14 August 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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4(iv) LRB-2023-23 LRB-2023-23 Review of Condition 2 on planning permission 23/00070/FLL – Change of use of road to form extension to outdoor seating area (for temporary period) at 145-151 South Street, Perth, PH2 8NY INDEX (a) Papers submitted by the Applicant (Pages 193-216) (b) Decision Notice (Pages 219-221) Report of Handling (Pages 222-232) Reference Documents (Pages 233-241) (c) Representations (Pages 243-248) 191
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4(iv)(a) LRB-2023-23 LRB-2023-23 Review of Condition 2 on planning permission 23/00070/FLL – Change of use of road to form extension to outdoor seating area (for temporary period) at 145-151 South Street, Perth, PH2 8NY PAPERS SUBMITTED BY THE APPLICANT 193
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NoƟce of Review ApplicaƟon Number 23/00070/FLL Change of use of road to form extension to outdoor seaƟng area (for temporary period) at 145 - 151 South Street, Perth, PH2 8NY IntroducƟon This NoƟce of Review is submiƩed following the approval of planning permission under delegated powers on the 22nd March 2023 for Change of use of road to form extension to outdoor seaƟng area (for temporary period) at 145 - 151 South Street, Perth, PH2 8NY. The Review site is within the city centre of Perth and is part of a long-established local business. The reason for our appeal to the local review body is to make a case for rewording of the the following condiƟon appended to the planning approval to permit an annual renewal: CondiƟon No 2. Permission is hereby granted for a limited temporary period. The use of the seaƟng area must cease by Monday 2nd October 2023 and the enƟrety of the temporary structure removed by Friday 6th October 2023. Reason - In view of the nature of the development and locaƟon of the proposed development on a main arterial route into Perth city centre and due to the requirement to ensure ongoing maintenance of the gullies and road network in this locaƟon. Background to the request to reword CondiƟon No. 2 The applicants have owned and ran That Bar and the LoŌ for a considerable number of years and have provided a supporƟng statement expressing the posiƟve impact the external seaƟng has had on the sustainability of the business, especially in the challenging post covid 199
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Ɵmes and with the cost of living increases experianced currently, where the hospitality industry has been yet again effected. The seaƟng has been insƟtute since 2021 on a rolling 12 month consent, as a result the business has been able to establish the benefits the seaƟng has brought to the business. The seaƟng is located on South Street, strategically situated in the City Centre to the immediate south of That bar and the LoŌ owned by the applicants. The proposed outdoor seaƟng lies in a mixed use area; with the surrounding area comprising business, shops and services, food and beverage outlets, hotels, and educaƟon insƟtuƟon and residenƟal properƟes. Although the decline in recent years of business within the city centre is ever evident and South Street is no excepƟon. The outdoor seaƟng area, the parklet, was kindly offered to the applicants by Perth and Kinross Council. The area is situated adjacent to That Bar lounge 145-153 South Street, Perth, the area as idenƟfied in the supporƟng applicaƟon drawings has been an essenƟal addiƟon to the applicants operaƟonal floorspace throughout the excepƟonally difficult Ɵmes of the pandemic. The idenƟfied area has allowed the applicant to increase their potenƟal customer covers by 24 (6 tables of 4) for table service of both food and drink. They have received many posiƟve comments from customers, council officials and the public in general, including many tourists visiƟng from out with Perth, on how good the parklet looks and enhances the area giving a very conƟnental look and feel. They have also had posiƟve feedback from wheelchair users who can access the seaƟng area as a result of the level access. The applicants have invested heavily in the streetscape feature, with the installaƟon of high quality gazebos, lighƟng and decking to level-off the potenƟal trip hazard of the kerb and allow disabled/wheelchair access to the area. Given the ongoing success of the seaƟng area the applicants were disappointed to understand earlier this year that the Ɵmeframe of the consent was being reduced. Especially when considering a similar business on The High Street, ApplicaƟon Reference : 22/00035/FLL FormaƟon of outdoor seaƟng area for a temporary period (in retrospect) at 200
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235 High Street Perth PH1 5PB, was granted Permission for a limited period unƟl 31st March 2025. In this Review we have consulted a Roads and Infrastructure Specialist to advise on the points picked up by the Roads Department as highlighted within the Internal Consultee Response From the Roads Department to the planning applicaƟon – Dated 22nd March 2023, extract below. Upon a review with the roads engineers and the applicants we strongly feel the introducƟon of a maintenance management plan would address and alleviate the roads departments concerns permiƫng the external seaƟng to remain on a rolling consent basis. Point 1: The Roads Maintenance Partnership have raised concerns with the proposal with respect to being able to access, maintain and inspect the carriageway. At the locaƟon of the seaƟng area, there has been issues with access for the gulley motor to be able to gain access and clean the drainage system in this locaƟon, this has led to ponding of water. Point 2: During the winter period when treatment of the road is being undertaken, debris materials will collect under the outdoor seaƟng area, which has resulted in materials restricƟng the flow of water. With the outdoor seaƟng area in place, it makes it difficult for maintenance to be undertaken. Point 3: Concerns have also been raised by the StreetlighƟng Partnership in terms of being able to maintain street lighƟng, Christmas Lights and access to the control pillar. Point 4: It is therefore recommended that the seaƟng area must cease operaƟon before Monday 2 October 2023 and removed from its locaƟon by Friday 6 October 2023. A condiƟon is recommended for the outdoor seaƟng to be removed. Insofar as the Roads maƩers are concerned, I have no objecƟons to this proposal with a condiƟon recommending removal by Friday 6 October 2023. 201
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Our engineer has appended a detailed report highlighƟng each point and outlined in detail an assessment of the aspects noted which have formed the basis of the suggested maintenance plan also appended to this document. We have also updated the site plan to demonstrate an addiƟon two access hatches for ongoing cleaning and maintenance as highlighted in the appended maintenance plan. Conclusion Given the appended technical documents supporƟng the introducƟon of a management plan, demonstraƟng that there is technically no issues with the seaƟng area and the required access, we make representaƟon to have the CondiƟon number 2 reworded to either provide consent unƟl 2025, in line with other consents granted within the city centre area or to be granted on an annual rolling basis. For the reasons outlined above, we feel the applicaƟon in supporƟng the rewording of CondiƟon number 2 is a fair and reasonable request. 202
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Centreglobal Ltd 153 South Street Perth PH2 8NY THAT BAR LOUNGE & LOFT NIGHTCLUB ROAD DRAINAGE REVIEW & STREET LIGHTING ACCESS SITE INSPECTION SUMMARY REPORT Report Ref. 603959-REP-0001-01 Date 21 June 2023 Allen Gordon LLP Saltire House Whitefriars Business Park Perth PH2 0PA t. 01738 639881 e. perth@allengordon.co.uk 203
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Issue and Revision Record Rev Date Originated Checked Approved Description AGC 21/06/2023 AGC GJD GJD First issue Saltire House Whitefriars Business Park Perth PH2 0PA 8 Ardross Street Inverness IV3 5NN Springfield House Laurelhill Business Park Stirling FK7 9JQ t. (01738) 639881 t. (01463) 236516 t. (01786) 406576 e. perth@allengordon.co.uk e. inverness@allengordon.co.uk e. stirling@allengordon.co.uk This document has been prepared for the titled project or named part thereof and may not be relied upon or used in relation to any other project without the prior written authority of Allen Gordon LLP. Allen Gordon accept no responsibility or liability for any consequences of this document being used for a purpose other than the purposes for which it was commissioned. Any person using or relying upon the document for such other purpose agrees, and will by such use or reliance be deemed to have agreed, to indemnify Allen Gordon for any and all resulting loss or damage. Allen Gordon accept no responsibility or liability for this document to any party other than the person by whom it was commissioned. No alterations may be made to this report without the prior approval of Allen Gordon. 204
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report CONTENTS 1. Introduction ........................................................................................................................1 2. Inspection Summary ...........................................................................................................1 205
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Page 1 of 6 1. Introduction 1.1 Allen Gordon LLP were appointed by Centreglobal Ltd to inspect the external seating area at That Bar lounge and Loft nightclub and to prepare a summary inspection report in relation to road drainage and street lighting access requirements. 1.2 The arrangement of the external seating area appears to offer some protection to guests by directing them away from the road and guiding them to use the footway. The following comments are general observations in relation to road drainage and street lighting access requirements and are not intended as a safety audit of the external seating area. Our inspection was made on the 16th June 2023 @ 14:00, accompanied by Craig Fraser (Centreglobal Ltd) and Jane Brewster (Urban Rural Design). 2. Inspection Summary 2.1 Free and unobstructed access to the lighting control pillar appears to be achievable. 206
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Page 2 of 6 2.2 Existing street lights fixed to the building at high level, access for maintenance appears to be achievable with the removal of non-fixed chairs, tables and café barriers. 2.3 Decking end cap could impose a restriction on flow in the road channel. It is suggested that the opening should be increased to a minimum of 600mm. Consideration should be given to using a brushed door seal (Stormguard or similar) to avoid restricting the channel flow while preventing debris from being washed under the decking. 207
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Page 3 of 6 2.4 The gully access hatch appears to give adequate access for routine gully maintenance (i.e. by suction vactor). 2.5 Conspicuous signage alerts road users to the presence of the external seating area. Consider routine inspection of planting to ensure that vegetation does not obscure the signage. 2.6 Planters placed on the footway will require mechanical plant to move them if access to the lighting head is required. Centreglobal Ltd have advised that they have access to appropriate plant. 208
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Page 4 of 6 2.7 The Council will require to give prior notice to the pub operator to allow the removal of non-fixed seating, tables and café barriers to facilitate maintenance. The operator should maintain dialogue with the Council’s lighting department. 2.8 There do not appear to be any hangers for festive lighting along the frontage of the external seating area. Clarification should be obtained from the Council to confirm the locations of lighting hangers as identified in the planning conditions. 209
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Page 5 of 6 2.9 A removable front capping and a few extra access hatches would allow easier routine maintenance e.g. clearance of any debris collected beneath the decking. 210
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That Bar Lounge & Loft Nightclub Allen Gordon LLP Road Drainage Review & Street Lighting Access Site Inspection Summary Report Page 6 of 6 2.10 The operator is advised to seek guidance on the design of the light pedestrian barriers located on the road edge (in between the heavy-duty planters). A minimum height of 1.2m is generally considered to be required as fall protection. The individual components and the whole arrangement of the barrier should be reviewed for compliance with current fall protection requirements given the proximity to traffic. The operator should try to prevent patrons from sitting on the planters thus reducing the risk of falling outwards into traffic. 211
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Supporting Business Statement _ Prepared by Central Global Ltd Craig Fraser June 2023 Overview We at Centreglobal Ltd t/a That Bar lounge & Loft nightclub have operated from this location for a period of 25 years now and have experienced many peaks and troughs in the level of trade over the years, but nothing like the substantial decline due to the pandemic of 2020/22, as felt by many other businesses alike. It was greatly appreciated, and of massive assistance, when Emily Queen (Perth and Kinross Council) got in touch to offer the facility of the ‘parklet’ to help our business attempt to ride out the negative impact of the pandemic and try and recover on the other side with the help of the additional outside seating space. We feel we have maintained & enhanced the initial structure provided by Perth and Kinross Council to keep the area safe and visually more continental with substantial investment in quality gazebo structures, lighting, decking, exterior furniture, paint, decorative gravel & additional planting in the hope that we may be able to retain the facility for many years to come. The current cost of living crisis, along with the substanƟal increased energy costs, mean that we have to offer our customers as good an experience as possible, the exterior parklet seaƟng area has contributed to this over the last two years. To close this space will have a detrimental effect to the business which we have tried to maintain since Covid restricƟons were relaxed. Benefits Based on the additional number of covers this outside area allows us, we are able to justify employing an additional 4 or 5 staff between kitchen, bar & waiting staff. Disabled customers have commented on how good the ‘parklet’ is for wheelchair access as they don’t have to think about getting up or down kerb areas unlike other parklets within the city. We have also found that the parklet has had a great safety aspect as it becomes a physical barrier to our customers leaving our premises, stepping off the pavement out onto a potentially busy road of traffic as it diverts them either left or right along the pavement. As noted in the rest of this appeal/report there are potentially a few minor issues that may require to be addressed, but we feel nothing that cannot be remedied and we, as a long standing company within the community, are more than happy to play our part. We are already looking after the structure, and have learned annually about any minor issues that may arise, but are happy to put in place a planned maintenance schedule to help prevent any future occurrence and be guided by Perth and Kinross Council. During the two and a half years that the ‘parklet’ has been in situ we are not aware of a single incident caused by the structure to pedestrians or traffic vehicles alike, we have a very good relationship with all emergency services and Perth and Kinross Council licensing department and have has no issues or negative comment from any party either. 212
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24500 2500 Copyright, Urban Rural Design Studio © Figured dimensions only are to be taken from this drawing. All dimensions are to be checked on site before any work is put in hand. IF IN DOUBT PLEASE ASK Existing Access Hatch - Manhole jbrewster@urds.co.uk 07827 947 143 w w w . u r d s . c o . u k Client: Project: Title: Ref: Scale: Date: PL(20)004 Revision: A 1:200 @A3 19/06/2023 For Planning Status: Outside Seating Area That Bar South Street Perth Centre Global Site Plan _ Proposed Proposed Layout Plan - Access Hatches 1:200 @ A3 South Street Scott Street External Seating Area Scott Street That Bar Shop Unit Access Hatches Proposed new Access Hatch - For Cleaning Proposed new Access Hatch - For Cleaning 213
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External Seating Area _ Maintenance Plan That Bar _ 145 - 151 South Street, Perth. PH2 8NY Revision: Rev A Date:19/06/2023 Ref: Maintenance Item: Actions Required For Maintenance Action Required Party to Carry Out Maintenance Responsible Party Frequency 1. Maintenance plan to be reviewed annually. 2. To be read in conjunction with Engineers Report. Maintenance Plan _ June 2023 1.0 General Maintenance Items 1.1 Service access to the existing Streetlighting fixed to the building at high level for maintenance. Maintenance access appears to be achievable with the removal of non-fixed chairs, tables and café barriers. Perth and Kinross Council to advise when maintenance is required That Bar + PKC TBC 1.2 To avoid ponding of water at Decking area. Drainage channel to be maintained and cleaned. End cap notched to provide a drainage channel but flow may need to increase. Ponding to be monitored and channel cleaned out weekly to avoid any debris blocking the channel. If channel capacity not large enough suggested increase opening to a min 0.6m. Consider using a brushed door draft threshold Stormguard or similar arrangement to avoid impeding the channels flow while restricting debris being washed under decking. That Bar That Bar Weekly 214
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External Seating Area _ Maintenance Plan That Bar _ 145 - 151 South Street, Perth. PH2 8NY Revision: Rev A Date:19/06/2023 Ref: Maintenance Item: Actions Required For Maintenance Action Required Party to Carry Out Maintenance Responsible Party Frequency 1. Maintenance plan to be reviewed annually. 2. To be read in conjunction with Engineers Report. Maintenance Plan _ June 2023 1.3 Existing Gully to be cleaned and serviced. Gully Access hatch to be maintained and appears to adequately service the routine gully maintenance operation by suction vactor. Arterial and city centre routes generally should be cleaned once per year. However, stretched road maintenance budgets would most likely increase the period between visits from 3 to 5 years unless it’s on a flood susceptible road. Perth and Kinross Council to advise when maintenance is required That Bar + PKC Annually 1.4 Cleaning of potential debris under the decked area, additional access locations noted. Cleaning of decked sections to be carried out by sucking debris from under decked area. That Bar That Bar Bi- Monthly 1.5 Christmas Lighting Support and power for Christmas lighting is out with the of external seating and therefore not effected. Should special access be required That Bar are entirely happy to assist as required. Streetlighting Partnership + That Bar Streetlighting Partnership + That Bar As required 215
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4(iv)(b) LRB-2023-23 LRB-2023-23 Review of Condition 2 on planning permission 23/00070/FLL – Change of use of road to form extension to outdoor seating area (for temporary period) at 145-151 South Street, Perth, PH2 8NY PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS 217
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00070/FLL Ward No P12- Perth City Centre Due Determination Date 21st March 2023 Extended to 7th April 2023 Draft Report Date 22nd March 2023 Report Issued by JW Date 22 March 2023 PROPOSAL: Change of use of road to form extension to outdoor seating area (for temporary period) LOCATION: 145 - 151 South Street Perth PH2 8NY SUMMARY: This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL Full planning permission is sought for the further temporary retention of a covered outdoor seating area and associated works at 154-151 South Street within the centre of Perth. This outdoor seating area is located within car parking bays on the public highway outside "That Bar" and "The Loft" and was erected during the covid 19 pandemic to cater for social distancing requirements at the bar. The seating area is already in place as it was permitted under the Council's 'Spaces for People, Shops and Businesses' guidance. This guidance was prepared to assist businesses and allow them to better function during the COVID-19 pandemic. The guidance allowed for some temporary measures, such as outdoor seating areas, until 31st March 2022. Planning permission (22/00057/FLL) was then granted to retain the structure for a period of 12 months until 31st March 2023 and this follow up application seeks to retain the structure for a further temporary period of 12 months. The seating area increases the number of covers for the bar by 24 - 6 tables of 4. SITE HISTORY 00/01059/FUL Re-sheeting of roof over first floor to rear of premises at 22 August 2000 Application Approved 01/00578/FUL Formation of glazed enclosure to rear access stair at 1st floor Loft Restaurant at 1 August 2001 Application Approved 01/00934/ADV Display of box signs on fascia at 20 November 2001 Application Approved 222
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01/01833/MOD Modification of existing consent to change the roof finish to enclosure of rear access stair at first floor at 14 February 2002 Application Approved 02/01134/FUL Change of use to public house, restaurant and entertainment facility at 19 November 2002 Application Approved 93/01008/FUL CHANGE OF USE FROM RETAIL TO HEALTH CLUB AT 16 September 1993 Application Refused 97/00095/FUL Change of use of retail unit to public house and restaurant at 14 April 1997 Application Approved 97/01163/FUL Modification of alterations for change of use at 20 November 1997 Application Approved 03/02069/FUL Change of use of shop to form extension to existing bar 1 March 2004 Application Withdrawn 04/01551/FUL Formation of raised outdoor seating area for bar (11a.m. to 11 p.m.) 27 October 2004 Application Refused 06/00249/FUL Erection of a temporary smoking shelter (for 5 years) within courtyard to rear 24 May 2006 Application Refused 11/00366/FLL Change of use from retail unit to form new bar and seating area 13 May 2011 Application Approved 13/01799/FLL Alterations to frontage 6 December 2013 Application Approved 14/00183/FLL Part change of use of pavement to form outdoor seating area 8 May 2014 Application Approved 15/00202/FLL Permanent retention of outdoor seating area 28 April 2015 Application Approved 22/00057/FLL Change of use of road to form extension to outdoor seating area and associated works (in retrospect) 2 March 2022 Application Approved PRE-APPLICATION CONSULTATION Pre application Reference: None DEVELOPMENT PLAN The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). 223
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National Planning Framework 4 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. The Council’s assessment of this application has considered the following policies of NPF4: Policy 7: Historic Assets and Places Policy 14: Design, Quality and Place Policy 23: Health and Safety Policy 26: Business and Industry Policy 27: City, Town, Local And Commercial Centres Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 11: Perth City Centre Secondary Uses Area Policy 18: Pubs and Clubs in Residential Areas Policy 27A: Listed Buildings Policy 28A: Conservation Areas: New Development Policy 56: Noise Pollution Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals 224
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Statutory Supplementary Guidance Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance Conservation areas NATIONAL GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 40 Development Management PAN 68 Design Statements PAN 75 Planning for Transport Creating Places 2013 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 This document supports Designing Streets and expands on its principles and is considered to be the technical advice that should be followed in designing and approving of all streets including parking provision. 225
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CONSULTATION RESPONSES Internal Transportation And Development – concerns expressed regarding ability of public assets and gulleys to be maintained due to limited access. Some concerns expressed regarding implications on strategic use of South Street Development Contributions Officer – no contribution required Environmental Health (Noise Odour) – no objection subject to conditions Conservation Team – no objection to temporary retention Structures And Flooding – no objection External None REPRESENTATIONS 3 representations were received and the comments may be summarised as follows: Impact on residential amenity/noise generation Loss of car parking bays Impact on road and pedestrian safety The above issues are addressed within the appraisal section below. Additional Statements Received: Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required Appropriate Assessment under Habitats Regulations Habitats Regulations AA Not Required Design Statement or Design and Access Statement Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2019. The relevant policy considerations are outlined in the policy section above and are considered in more 226
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detail below. In terms of other material considerations, involving considerations of the Council’s other approved policies and supplementary guidance, these are discussed below only where relevant. In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy. Policy Appraisal The formation of an outdoor seating area adjacent an existing public house within a city centre location is acceptable in principle, providing it is compatible with the surrounding environs and is not of detriment to the character and amenity of the area. In this instance, it is considered that an outdoor seating area in this location would be compatible with the surrounding environs. The site is located in the on South Street in the city centre where there are a number of different uses present. This part of Perth is allocated in the Local Development Plan for City Centre Secondary Uses which allows use for businesses and leisure. The use of the land as an outdoor seating area would therefore not be out of place in this location. It is also considered that suitable planning conditions can be applied to ensure that the amenity of the area is not compromised. This will be discussed further within the 'residential amenity' section of this report. Overall, it is considered that the principle of the development is acceptable and therefore complies with the requirements of Policies 11 and 18 of the LDP2 and 26 and 27 of NPF4. Attention now turns towards the detailing of the proposed scheme. Design, Layout and Conservation Considerations The proposal involves a timber deck area which extends to a length of 24.5 metres. The decking area is surrounded by timber fencing and a bamboo facade on three sides with the north paving side open to the public footpath. The seating area is covered by a black hipped roof style fabric which extends along its entire length. Internally there are planters and seating areas. In terms of the impact on the character and appearance of the conservation area the Conservation Officer has no concerns regarding the retention of the bamboo screening and associated works for a temporary period. With regards to design and layout the proposal is not considered to conflict with the Placemaking aims of the 227
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Local Development Plan or adversely affect the setting of Listed Buildings given the temporary nature of the development. Taking the above into account there is no conflict with Policy 1A, Policy 1B: Placemaking. Policy 27A: Listed Buildings or Policy 28A: Conservation Areas: New Development. The proposal is also considered to comply with Policy 7 and 14 of NPF4. Residential Amenity Consultation with Environmental Health confirms that there are residential properties in the surrounding area and there is the potential for noise from the proposed development to affect residential amenity. However, this area has been utilised as an outdoor seating area during the coronavirus pandemic and the Environment Service is not aware of any complaints having been received. An objection has, however, been received regarding disturbance from the use of the facility particularly after closing times of the bar. The consultation response from Environmental Health notes that consideration should be given to operational noise to ensure that activities such as patron noise, music etc be controlled and not affect neighbouring properties. Conditional control is recommended to limit the time when the area can be utilised from 1130 to 2200 hrs Monday to Sunday which is considered to be appropriate to limit the impact on residential neighbours and to ensure that patrons do not congregate in this area after 2200hrs. With conditional control applied there is no conflict Policy 11: Perth City Centre Secondary Uses Area, Policy 18: Pubs and Clubs in Residential Areas or Policy 56: Noise Pollution. The proposal also complies with Policy 23 and 27 of NPF4. Roads and Access The Council's Transportation and Development Team were consulted as part of this application and have raised some concerns regarding the use of the public road for this seating area given that South Street forms a principal arterial route into the centre of Perth and has the potential for strategic improvements in the future to the road network in Perth. They have also raised concerns regarding the ability to maintain gullies underneath the structure which will be referenced in more detail in the paragraphs below. They have, however, not raised any concerns about how the structure impacts on general road safety in terms of use of the public road and public footway. There have been no concerns expressed regarding the loss of car parking which results from the temporary structure. There have, however, been some concerns expressed regarding the loss of a taxi rank which once operated from this location and helped to disperse patrons from nearby night life establishments. Transportation and Development have indicated that South Street could potentially form part of strategic upgrades and changes to the road network within central Perth within the short to medium term and therefore have indicated that it is important to 228
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ensure the Council retains future control of this part of the road should any works be required. Policy 60B of the LDP2 requires that new development should fit into the strategic aims and objectives of the Council. Therefore, in order to secure this it is considered to be appropriate to limit planning permission again on this site for a temporary period. Therefore, the use is considered to be appropriate in terms of road and traffic safety but it has to be recognised that the Council may seek to utilise the road for future works at some point and therefore this requires to be taken into account in this determination. Subject to a condition to limit the permission to a temporary period, there is no conflict with Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Temporary Consent and Maintenance of Road and Gullies The works which have been carried out are by nature, temporary and therefore do have some visual impact on the surrounding area given the temporary appearance. It is the policy of the Council not to approve structures of this nature permanently but rather to ensure that any permission is restricted to a temporary period only as is the case for other similar seating areas of this nature. At the location of the structure, there have been issues with access for the Roads Maintenance Partnership’s gully motor vehicle to be able to gain access and clean the drainage system in this location, this has led to ponding of water. This is a vehicle which extracts silt and debris from the drainage system and then jets water through to ensure it is operational. This is despite condition 5 of the existing permission which requires that access should be available at all times to carry out maintenance of public areas. This has, unfortunately, proven difficult, during the last temporary period, principally due to the nature and scale of the temporary structure, its location and the difficulty in moving it. During the winter period when treatment of the road is being undertaken, debris materials will collect under the outdoor seating area, which has resulted in materials restricting the flow of water. With the outdoor seating area in place, it makes it difficult for maintenance to be undertaken. Concerns have also been raised by the Streetlighting Partnership in terms of being able to maintain street lighting, Christmas Lights and access to the control pillar. Due to the difficulty in maintaining the road/drainage system in this location and the difficulty in having a structure of this size moved in order to carry out maintenance, following discussion with Transportation and Development the intention is to recommend the application for approval but to restrict the temporary timescale. The condition will require the use of the temporary seating to cease by Monday 2nd October 2023 and for it to be removed from its location by Friday 6th October. This timescale will allow the outdoor seating to be utilised during the busier summer months including the Glorious Finale of Perth Races when it is assumed the premises may be busier and the proposed date has been chosen in order to limit the extent of impact as much as possible on the operation of the business whilst 229
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providing a reasonable timescale for arrangements to be made for the structure’s removal. The length of temporary permission is being limited until October 2023 and it is recognised that this is a lesser timescale than other recent permissions in the city centre but this is due to the strategic importance of South Street to the road network and the difficulty in maintaining the gullies and road network in this location. Given the issues outlined above regarding the impact on the strategic road network, the associated temporary nature of the works and the maintenance requirements it is considered appropriate to limit the consent period for the seating area until October 2023. This will allow the applicant to continue with this successful business operation in the short term whilst providing the Council with some flexibility in considering the potential future need for this area of road way for strategic improvements to the road network and to enable the Council to carry out the required ongoing maintenance to gullies and the road network once the structure has been removed from the site in October 2023. Drainage and Flooding As mentioned above there are concerns with the ability for the Roads Maintenance Partnership to maintain gullies which is referenced above and therefore the permission is limited to a temporary period. Economic Impact The economic impact of the proposal is likely to be of benefit to the existing public house by providing enhanced facilities. There may also be an increase in footfall to the area which may be of benefit to surrounding businesses. The economic benefit is considered to have some weight in the assessment of this application but is not considered to be of such merit to outweigh the concerns regarding ongoing maintenance and the reasons for limiting the timescale of the temporary permission. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. CONCLUSION AND REASONS FOR DECISION To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, 230
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the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is approved subject to the following conditions. Conditions and Reasons 1 The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 2 Permission is hereby granted for a limited temporary period. The use of the seating area must cease by Monday 2nd October 2023 and the entirety of the temporary structure removed by Friday 6th October 2023. Reason - In view of the nature of the development and location of the proposed development on a main arterial route into Perth city centre and due to the requirement to ensure ongoing maintenance of the gullies and road network in this location. 3 The hours of operation of the outdoor seating area shall be restricted to between 1130 to 2200 hours Monday to Sunday. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 4 No music, amplified or otherwise, shall be permitted in the outdoor seating area at any time. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 5 The development shall maintain access at all times to all publicly maintained areas, including street lighting and statutory undertakers' apparatus. All structures occupying the carriageway must be moveable and non-permanent and removed by the applicant upon request by Perth & Kinross Council as Planning Authority. Reason - In order to allow for suitable maintenance to be undertaken. 6 In the event that the use is discontinued, the development authorised by this permission shall be removed and the site reinstated to a condition agreed in writing by the Council as Planning Authority, prior to reinstatement works commencing. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 231
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1 The applicant should be advised that in terms of Section 59 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to place obstructions in existing public road or footway areas. 2 This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 232
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4(iv)(c) LRB-2023-23 LRB-2023-23 Review of Condition 2 on planning permission 23/00070/FLL – Change of use of road to form extension to outdoor seating area (for temporary period) at 145-151 South Street, Perth, PH2 8NY REPRESENTATIONS 243
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Mr Jamie Fitchie (Objects) Comment submitted date: Tue 28 Feb 2023 I am writing to express my objection to the planning application submitted by the applicant to retain the outdoor seating area at their bar on my street. While I understand that the measures were granted during Covid-19 when they were necessary for the function of the business, I feel that they are no longer appropriate in light of the lifting of Covid restrictions. The main concern that I and other local residents have with the outdoor seating area is the additional noise that it causes. The noise levels are very high, and they have a significant impact on the quality of life of local residents. Even after the bar has closed for the night, the noise from patrons and staff can continue well into the early hours of the morning, making it extremely difficult to get a good night's sleep. While the applicant notes positive gains for the area, I do not believe that these gains benefit the local residents. The additional profit made by the business surely cannot outweigh the quality of life for people who choose to live in Perth city centre. Furthermore, the premises already seem to be one of the largest in Perth, and the outdoor seating area adds to the burden of noise pollution for local residents. During Covid-19, residents, including myself, extended goodwill and understood that operations were extremely difficult for hospitality venues. However, now that Covid restrictions have been lifted, I feel that the outdoor seating area is an excessive burden for noise pollution for local residents. I urge the planning authority to consider the impact that this decision will have on the local community and to refuse the application. 245
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Mr Tayab Shakoor (Objects) Comment submitted date: Thu 02 Mar 2023 I don't think its a great idea its taking a chunk of parking bays and its only helping a business instead of several. I think that area should be turned into a few extra parking spaces which will help every business out on the street 247
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