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Item 4(vii) LRB-2022-56

Perth and Kinross Council · 16 January 2023
Back to Local Review Body — 16 January 2023 and its agenda

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Page 1

4(vii)
LRB-2022-56
LRB-2022-56
22/00739/FLL - Part change of use of dwellinghouse to
form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH
INDEX
(a) Papers submitted by the Applicant (Pages 481-488)
(b) Decision Notice (Pages 487-488)
Report of Handling (Pages 491-496)
Reference Documents (Pages 497-500)
(c) Representations (Pages 501-506)
479

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480

Page 3

4(vii)(a)
LRB-2022-56
LRB-2022-56
22/00739/FLL - Part change of use of dwellinghouse to
form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH
PAPERS SUBMITTED
BY THE
APPLICANT
481

Page 4

482

Page 5

Notice of Review
Page 1 of 4
NOTICE OF REVIEW 
UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN
RESPECT OF DECISIONS ON  LOCAL DEVELOPMENTS 
THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE)
(SCOTLAND) REGULATIONS 2013 
THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 
IMPORTANT: Please read and follow the guidance notes provided when completing this form.
Failure to supply all the relevant information could invalidate your notice of review. 
Use BLOCK CAPITALS if completing in manuscript 
Applicant(s) 
Name 
Address 
Postcode 
Contact Telephone 1 
Contact Telephone 2 
Fax No 
E-mail* 
Agent (if any) 
Name 
Address 
Postcode 
Contact Telephone 1
Contact Telephone 2
Fax No 
E-mail* 
Mark this box to confirm all contact should be
through this representative: 
* Do you agree to correspondence regarding your review being sent by e-mail?
Yes No 
Planning authority 
Planning authority’s application reference number 
Site address 
Description of proposed
development 
Date of application   Date of decision (if any) 
Note. This notice must be served on the planning authority within three months of the date of the decision
notice or from the date of expiry of the period allowed for determining the application. 
Sheila H. M. Kellett
29 Croftwynd, Milnathort
KY13 9GH
X
Perth & Kinross Council
22/00739/FLL
29 Croftwynd, Milnathort, KY13 9GH
Part change of use of dwelling house to form an aesthetics clinic
09/05/2022 06/07/2022
483

Page 6

Notice of Review
Page 2 of 4
Nature of application 
1. Application for planning permission (including householder application) 
2. Application for planning permission in principle 
3. Further application (including development that has not yet commenced and where a time limit
has been imposed; renewal of planning permission; and/or modification, variation or removal of
a planning condition) 
4. Application for approval of matters specified in conditions 
Reasons for seeking review 
1.  Refusal of application by appointed officer 
2.  Failure by appointed officer to determine the application within the period allowed for
determination of the application  
3.  Conditions imposed on consent by appointed officer 
Review procedure 
The Local Review Body will decide on the procedure to be used to determine your review and may at any
time during the review process require that further information or representations be made to enable them
to determine the review.  Further information may be required by one or a combination of procedures,
such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land
which is the subject of the review case.   
Please indicate what procedure (or combination of procedures) you think is most appropriate for the
handling of your review. You may tick more than one box if you wish the review to be conducted by a
combination of procedures. 
1. Further written submissions 
2. One or more hearing sessions 
3. Site inspection 
4 Assessment of review documents only, with no further procedure 
If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement
below) you believe ought to be subject of that procedure, and why you consider further submissions or a
hearing are necessary: 
Site inspection 
In the event that the Local Review Body decides to inspect the review site, in your opinion: 
1. Can the site be viewed entirely from public land?
Yes No 
2 Is it possible for the site to be accessed safely, and without barriers to entry?   
If there are reasons why you think the Local Review Body would be unable to undertake an
unaccompanied site inspection, please explain here: 
X
X
X
X
X
The site is a previously converted garage to the rear of our property, so access to the garden is
necessary to fully view the outside.  That being said, we would be happy for a site inspector to
access our garden during our absence if required
484

Page 7

Notice of Review
Page 3 of 4
Statement 
You must state, in full, why you are seeking a review on your application.  Your statement must set out all
matters you consider require to be taken into account in determining your review.  Note: you may not
have a further opportunity to add to your statement of review at a later date.  It is therefore essential that
you submit with your notice of review, all necessary information and evidence that you rely on and wish
the Local Review Body to consider as part of your review.   
If the Local Review Body issues a notice requesting further information from any other person or body,
you will have a period of 14 days in which to comment on any additional matter which has been raised by
that person or body. 
State here the reasons for your notice of review and all matters you wish to raise.  If necessary, this can
be continued or provided in full in a separate document.  You may also submit additional documentation
with this form. 
Have you raised any matters which were not before the appointed officer at the time the
determination on your application was made? 
Yes No 
If yes, you should explain in the box below, why you are raising new material, why it was not raised with
the appointed officer before your application was determined and why you consider it should now be
considered in your review. 
I wish to appeal this decision for a number of reasons:
1) My daughter no longer intends to work from the premises as she is pursuing an alternative career path,
therefore it would be only me operating from the annex, seeing a maximum of 4 clients per day
2) I have spoken to most of the immediate neighbours and they all express surprise and some dismay on
my behalf that permission has been refused, therefore I can only assume that they have no objections to
the proposal.  The neighbours I have spoken to live at No 27 (immediate left) No 25 (next left), No 31
(immediate right), No 20 (next right), No 16, and No 12 - all but 2 of the houses surrounding the turning
circle at the end of our street.  I have not had a chance to talk to No 18 and No 14 yet but believe they would
have a similar view.
3) I feel my mental health is suffering due to my current, high stress job in the NHS, and I believe I could
significantly improve this by being my own boss working from home
4) I have a fairly lengthy commute to my current place of work which makes for a very long working day,
adds to my general stress levels, particularly in the winter, and increases my carbon footprint. 
All of this could be substantially improved by my being able to work from home  
5) I understand that one facet of the PKC planning strategy is to facilitate people being able to work from
home where possible, and I believe that in my case, my proposal entails little or no disruption to the current
nature of the street
6) Finally, with the current mortgage my husband and I have on this property, I cannot afford, at this stage,
to rent separate premises (and there are none currently suitable locally in any case) so the only other option
would be to sell up, downsize and free up some cash resource to rent a property, which would almost
certainly involve a commute to some extent.  This would not only involve additional stress, but we are both
emotionally tied to this house and to our friendly and supportive neighbours and would hate to move if not
absolutely necessary.
X
1) My daughter no longer intends to work from the annex.  This is a decision she has made since
the time the planning was refused.  (She is now at college)  I understand that the key reason why
the permission was refused was due to the potential number of clients and cars generated by 2
staff members, and as she would no longer be working there it is a significant new development
2) I made no mention of my wish to reduce my stress levels being a key part of my proposal, as I
did not consider this a necessary part of a planning application, however it is a big factor in my
wanting to set up on my own and work from home, whilst reducing my carbon footprint, which is
also very important to me.
485

Page 8

Notice of Review
Page 4 of 4
List of documents and evidence 
Please provide a list of all supporting documents, materials and evidence which you wish to submit with
your notice of review and intend to rely on in support of your review. 
Note. The planning authority will make a copy of the notice of review, the review documents and any
notice of the procedure of the review available for inspection at an office of the planning authority until
such time as the review is determined.  It may also be available on the planning authority website. 
Checklist 
Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence
relevant to your review: 
Full completion of all parts of this form 
Statement of your reasons for requiring a review 
All documents, materials and evidence which you intend to rely on (e.g. plans and drawings
or other documents) which are now the subject of this review. 
Note. Where the review relates to a further application e.g. renewal of planning permission or
modification, variation or removal of a planning condition or where it relates to an application for approval
of matters specified in conditions, it is advisable to provide the application reference number, approved
plans and decision notice from that earlier consent. 
Declaration 
I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to 
review the application as set out on this form and in the supporting documents. 
Signed Date 
- No new documentary or material evidence, however I confirm that all of the above statements
are true
X
X
X
05/10/2022
486

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Page 1 of 3
Christies
Mrs Sheila Kellett
29 Croftwynd
Milnathort
KY139GH
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD
Date of Notice:6th July 2022
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT
Application Reference: 22/00739/FLL
I am directed by the Planning Authority under the Town and Country Planning (Scotland)
Acts currently in force, to refuse your application registered on 9th May 2022 for Planning
Permission for Part change of use of dwellinghouse to form a beauty salon 29 Croft
Wynd Milnathort Kinross KY13 9GH 
David Littlejohn
Head of Planning and Development
Reasons for Refusal
1.   The proposal is contrary to the Perth and Kinross Local Development Plan 2 2019 Policy
17 Residential Areas in that the change of use due to the scale of the development
would not be compatible with the amenity and character of the area and would not
ensure that the residential amenity of the area is protected. 
Justification
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
487

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2
The plans and documents relating to this decision are listed below and are
KPYWSH^LK VU @LXZO HUK ;PUXVYY 3V[UJPSaY ]LIYPZL HZ www.pkc.gov.uk _?USPUL
@SHUUPUN 1WWSPJHZPVUY` WHNL
Plan Reference
01
02
03
04
488

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4(vii)(b)
LRB-2022-56
LRB-2022-56
22/00739/FLL - Part change of use of dwellinghouse to
form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 487-488)
REPORT OF HANDLING
REFERENCE DOCUMENTS
489

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490

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1
REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/00739/FLL
Ward No P8- Kinross-shire
Due Determination Date 8th July 2022 
Draft Report Date 6th July 2022
Report Issued by JF Date 06.07.22
PROPOSAL: Part change of use to dwellinghouse to form a beauty
salon
LOCATION: 29 Croft Wynd Milnathort Kinross KY13 9GH
SUMMARY:
This report recommends refusal of the application as the development is considered to
be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.
SITE VISIT:
In line with established practices, the need to visit the application site has been
carefully considered by the case officer.  The application site and its context have been
viewed by a variety of remote and electronic means, such as aerial imagery and
Streetview, in addition to photographs submitted by interested parties. 
This information has meant that, in this case, it is possible and appropriate to determine
this application without a physical visit as it provides an acceptable basis on which to
consider the potential impacts of this proposed development.
SITE PHOTOGRAPHS
BACKGROUND AND DESCRIPTION OF PROPOSAL
The application is for part change of use of dwellinghouse to form a beauty salon at
29 Croft Wynd, Milnathort.  The property is detached dwelling with a one-bedroom
491

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2
ancillary unit to the rear (most likely a former double garage).   The dwelling lies within
a residential area within the settlement of Milnathort. 
The proposal is for part change of use of the ancillary one-bedroom unit to form a two
treatment room beauty salon.
SITE HISTORY
99/01337/FUL Erection of 17 houses and integral garages and access road at
25 November 1999 Application Approved
PRE-APPLICATION CONSULTATION
Pre application Reference: 22/00030/PREAPP
NATIONAL POLICY AND GUIDANCE
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and a
series of Circulars.  
DEVELOPMENT PLAN
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the TAYplan
area will be sustainable, more attractive, competitive and vibrant without creating an
unacceptable burden on our planet. The quality of life will make it a place of first choice
where more people choose to live, work, study and visit, and where businesses choose
to invest and create jobs.”
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 17: Residential Areas  
Policy 60B: Transport Standards and  Accessibility Requirements: New Development
Proposals
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3
OTHER POLICIES
Placemaking Supplementary Guidance 
CONSULTATION  RESPONSES
Transport Planning  No objection 
Environmental Health (Noise Odour) No objection 
REPRESENTATIONS
No letters received 
ADDITIONAL STATEMENTS
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment 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 for the area
comprises the approved TAYplan and the adopted LDP2.
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 site is located within a residential area and the applicable policy is Policy 17
Residential Areas.  This policy supports proposals for business and homeworking but
this must be where they are compatible with the amenity and character of the area with
the policy also seeking to ensure that residential amenity is protected.  
The proposal will form a two-treatment room beauty salon and the applicant has
confirmed that two members of staff will be employed (applicant and her daughter). 
They have indicated that they would have four appointments each per day and operate
Mon-Fri 9-5 with some appointments offered on one or two days out with these times. 
493

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4
The applicants dwelling lies within a residential cul-de-sac.  Whilst the council is
supportive of proposals which enable people to open new businesses it is important
that these are in the right location.  This proposal provides a workplace within a
residential area for someone to travel to, although the applicant has indicated that this
would be her daughter (who may live within the existing dwelling) this could not be
controlled by condition.  In addition, the applicant has noted a small number of daily
appointments (4 each) but in approving such an application the council would not be
able to restrict the business in this way as a condition in this regard would not meet the
conditions tests for example in relation to enforceability.
However ultimately the proposal is for the provision of a business that falls within Class
2 of the Use Classes Order.  The order states that these are considered as an
acceptable town centre use which is appropriate to provide in a shopping area and
where the services are provided principally to visiting members of the public.  The
dwelling is located in Milnathort and close to Kinross both of which have zoned
town/neighbourhood centres where this scale and kind of development could be
facilitated and supported. 
It is considered that at this scale of development, providing a beauty salon which is a
place of work for employees, within a residential area cannot be supported.  The scale
of the development would not be compatible with the amenity and character of the area
and would not ensure that the residential amenity of the area is protected.
Design and Layout
There are no changes proposed externally or internally.  The unit is already separate
from the dwelling with no internal linkage.  The living kitchen will be converted into a
treatment room as will the bedroom and the bathroom will be retained.  
Residential Amenity
The proposal will introduce a beauty salon into an enclosed residential street.  The
Environment Health Officer has no objection to the proposal but the assessment is in
relation to the noise generated from the use not the overall impact of the use on the
character and amenity of the wider residential area.  
Whilst it is considered a single person operating a business from home may be
acceptable in some locations in this case the proposal is much more and forms a
beauty salon business premise from within a dwelling within a residential cul-de-sac.  It
is considered that the introduction of a business premises in this location would have a
detrimental impact on the residential character of the area.  
Roads and Access
Transport Planning have no objection to the proposal as a parking area has been
shown on the plans.  The applicant has also confirmed that the appointments would not
overlap so there would only be one staff car and two customer cars at any one time.  If
the proposal was to be supported a plan would have been required to formally show
how the site could be laid out with the parking space and turning for vehicles. 
494

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5
Drainage and Flooding
No drainage or flooding implications. 
Developer Contributions
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance.
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination.
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 adopted
Development Plan unless material considerations indicate otherwise.  In this respect,
the proposal is considered to be contrary to the Development Plan.  Account has been
taken of the relevant material considerations and none has been found that would
justify overriding the adopted Development Plan.
Accordingly the proposal is refused on the grounds identified below.
Conditions and Reasons 
The proposal is contrary to the Perth and Kinross Local Development Plan 2 2019
Policy 17 Residential Areas in that the change of use due to the scale of the
development would not be compatible with the amenity and character of the area and
would not ensure that the residential amenity of the area is protected.
Justification
The proposal is not in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan.
Informatives
N/A
495

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6
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
04
496

Page 19

N
S
EW
This Plan includes the following Licensed Data: OS MasterMap Colour PDF
Location Plan by the Ordnance Survey National Geographic Database and
incorporating surveyed revision available at the date of production.
Reproduction in whole or in part is prohibited without the prior permission of
Ordnance Survey. The representation of a road, track or path is no evidence of
a right of way. The representation of features, as lines is no evidence of a
property boundary. © Crown copyright and database rights, 2022. Ordnance
Survey 0100031673
Prepared by: Sheila Kellett, 09-05-2022
0m 20m 40m 60m 80m 100m
Scale: 1:1250, paper size: A4
497

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Site Plan/Block Plan near KY13 9GH
Legend
Neighbour's dwarf wall
Boundary fence
Boundary fence
Boundary fence
Boundary fence
Area laid to grass
Site Boundary
Outline of house
N
S
EW
This Plan includes the following Licensed Data: OS MasterMap Colour PDF Site
Plan/Block Plan by the Ordnance Survey National Geographic Database and
incorporating surveyed revision available at the date of production.
Reproduction in whole or in part is prohibited without the prior permission of
Ordnance Survey. The representation of a road, track or path is no evidence of
a right of way. The representation of features, as lines is no evidence of a
property boundary. © Crown copyright and database rights, 2022. Ordnance
Survey 0100031673
Prepared by: Sheila Kellett, 06-05-2022
0m 5m 10m 15m 20m 25m 30m 35m 40m
Scale: 1:500, paper size: A4
Christies Aesthetics & Beauty Salon
Red outline denotes full site
Salon itself is rear part of building nearest the trees (not
including shed on side of No 31
Driveway from street, to side of house and full salon curtilage
area is all hard standing monobloc paving
Large tree symbols at North end of site represent large pine
trees and approximate canopy spread
Row of small tree symbols along boundary line with No 31
represent a boundary hedge
498

Page 21

Current floorplan of single bed dwelling
0m                     1m                        2m                      3m                       4m                       5m
Scale:  1:50, paper size: A4
499

Page 22

Treatment
room 2
Treatment
room 1
Proposed floorplan of Aesthetics and Beauty Clinic
Update 29/04/22:
• (As before) No changes currently are proposed to the
internal or external structure of the building.
• Changes will be minor alterations to furniture and fittings
only in the early stages of the business, e.g.:
- Removal of all household furniture
- Removal of oven, hob and hood, plus any free-
standing kitchen appliances:
- hood extractor to be replaced with an extractor fan:
- Replacement of kitchen taps with single lever mixer
tap from wall:
- Addition of suitable furniture and fittings for the business,
including treatment beds, chairs and tables, and a locked
medical fridge:
0m                     1m                        2m                      3m                       4m                       5m
Scale:  1:50, paper size: A4
500

Page 23

4(vii)(c)
LRB-2022-56
LRB-2022-56
22/00739/FLL - Part change of use of dwellinghouse to
form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH
REPRESENTATIONS
501

Page 24

502

Page 25

Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
Comments
provided by
Lachlan MacLean
Project Officer – Transport Planning
Service/Section Transport Planning Contact
Details
TransportPlanning@pkc.gov.uk
Description of
Proposal
Part change of use to dwellinghouse to form a beauty salon
Address of site 29 Croft Wynd, Milnathort, Kinross, KY13 9GH
Comments on the
proposal
The applicant is proposing to change the previously converted double garage
from a one bedroomed self-contained dwelling into a combined aesthetics &
beauty clinic.
The applicant has shown that there will be parking within the curtilage of the
dwellinghouse for the proposed salon.
Insofar as the Roads matters are concerned, I have no objections to this
proposal.
Recommended
planning
condition(s)
Recommended
informative(s) for
applicant
Date comments
returned 31 May 2022
503

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504

Page 27

M e m o r  
To Development Management & Building  
Standards Service Manager   
Your ref 22/00739/FLL
Date  8 June 2022
Communities 
a n d u m
From  Regulatory Services Manager
Our ref  LRE 
Tel No      
Pullar House, 35 Kinnoull Street, Perth PH1 5G
Consultation on an Application for Planning Permission
22/00739/FLL RE: Part change of use to dwellinghouse to form a beauty salon, 29 Croft Wynd
Milnathort Kinross KY13 9GH for Christies
I refer to your letter email dated 18 May 2022 in connection with the above application and have the
following comments to make.
Environmental Health
Recommendation 
I have no objections in priniciple to the application but recommend the undernoted
conditions be included on any given consent.
Comments
This application is for the change of use, of the previously converted double garage, from a
one bedroom self-contained dwellinghouse  into a combined aesthetics and beauty clinic.
The proposed beauty clinic is located within a residential area with detached dwellinghouses
the closest to the clinic  is 27 Croft Wynd which is approximately 15 metres away.
There are no letters of representation at the time of writing this memorandum.
Noise
There is the potential for the residential amenity of neighbouring dwellinghouse to be
affected from noise from the daily operation of the clinic.
Having spoken with the applicant the expected operational hours are to be Monday to Friday
0900 to 2000 with only occassional Saturday working with similar times.
The total number of clients per day would be eight and there is parking at the rear of the
property.
I believe suitable control can be put in place to protect residential amenity from the
operations of the clinic.
Odours
The plans indicate that an extraction ventilation fan is to be installed and on speaking with
the appllicant the main chemicals to be used are botox, fillers and nail varnish therefore, it is
my contention that odours would not adversley affect residential amenity of neighbouring
properties.
505

Page 28

Therefore, I recommend that the undernoted conditions be attached to any given consent.
Conditions
EH01 The hours of operations shall be restricted to 0900 hours to 2030 hours Monday to
Saturday only.
EH10 All plant or equipment shall be so enclosed, attenuated and/or maintained such that
any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring
residential property, with all windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
EH31 All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it does not adversely affect the
amenity of the neighbouring land. 
506