Consider Notice of Review Request: Craigard Tearoom Iv, 81 West Clyde Street, Helensburgh, G84 8Bb (Ref: 24/0013/Lrb)
Argyll and Bute Council · 23 September 2024
Back to Argyll and Bute Local Review Body — 23 September 2024 and its agenda
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Argyll and Bute Council Comhairle Earra Ghàidheal agus Bhòid Development and Infrastructure Services Executive Director: Kirsty Flanagan LRB Reference: 24/0013/LRB Planning Case Ref: 24/00570/PP 23.08.2024 24/00570/PP ‐ Change of use from Class 1A to Class 3 (retrospective) 24/0013/LRB ‐ Application to vary condition Description of site The site comprises a small ground floor commercial unit at 81 West Clyde Street, Helensburgh. There are dwelling flats immediately above and to the side of the unit. Two dwellings are accessed from the public footpath in close proximity to the entrance of 81 West Clyde Street. The site is within the Settlement Area of Helensburgh Town Centre and Area for Action as defined in the LDP2. Site history There is no relevant planning history for this site. The previous use was D. Mandleson electronics store (Class 1A). Statutory Basis on Which the Appeal Should Be Decided Section 25 of the Town & Country Planning (Scotland) Act 1997 provides that where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. This is the test for this application. Statement of Case ‐ Planning Application 24/00570/PP The retrospective planning application to change the use of a commercial unit from Class 1A (Retail) to Class 3 (consumption of food and drink on the premises) was approved in June 2024. The application followed planning enforcement action resulting from complaints of the unauthorised Class 3 use. General Permitted Development Rights allow for the change between Class 1A (shops, financial, and other services) to Class 3 (consumption of food and drink on the premises) without planning permission, unless it would result in the change of use of a building situated below any part of a dwelling, or it would result in the change of use of a building which is within 1m of a dwelling. This is to allow due consideration for any detrimental impact to residential amenity.
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The commercial unit at 81 West Clyde Street is situated both directly below a residential dwelling, and two residential entrances are sited within close proximity to the entrance of the unit. In turn planning permission is required to change the use from Class 1A to Class 3. The planning permission is associated with the unit, not the Applicant. If the Applicant were to terminate their tenancy and a third party take control of a Class 3 use, the unit would remain subject to the applied Conditions unless modified. In a supporting statement submitted for the planning application the Applicant stated the opening times for the Tea Room were 11:00hrs to 16:00 and closed on Wednesdays, and that these hours are to reflect consideration for the immediate neighbours. During the Application a number of representations were made regarding noise, smells, vibrations, and privacy concerns from neighbours. In approving the application, the following Planning Conditions were applied to help safeguard residential amenity: 2. No customer shall be permitted entry on the premises before 08:00; and no customer shall be permitted to remain on the premises after 18:00. Reason: In the interests of residential amenity 3. The permission hereby granted does not allow for the use of cooking with deep fat fryers within the premises. The permission allows only for a `domestic’ scale of cooking within the premises and any intensification shall be the subject of a separate application for planning permission. Reason: In the interests of residential amenity and in terms of the limited ventilation system in operation. The full assessment of the application can be read in the attached Report of Handling Requirement for Additional Information and a Hearing It is considered that no new information has been raised in the Appellants’ submission. The issues raised were covered in the Report of Handling (attached), including a summary of the representations submitted from 6 objectors. As such it is considered that Members have all the information they need to determine the case. Given the above and that the proposal is small‐scale, has no complex or challenging issues and has not been the subject of significant body of conflicting representation, then it is considered that a Hearing is not required. Planning Condition The Planning Condition subject to this LRB application is: 2. No customer shall be permitted entry on the premises before 08:00; and no customer shall be permitted to remain on the premises after 18:00 hours. Reason: In the interests of residential amenity In Planning Circular 4/1998, planning conditions should be fair, reasonable and practicable. The six tests of a planning condition are: Necessary; Relevant to Planning; Relevant to the Development to be Permitted; Enforceable; Precise; Reasonable in all Other Respects:‐ 1. The condition is necessary to safeguard residential amenity in respect to noise, vibration, and privacy.
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2. The condition is relevant to planning as the Change of Use has the potential to impact upon residential amenity, which is why the change is excluded from permitted Use Class change when attached to, or in close proximity to a residential dwelling. 3. The condition applies to the use of the unit and responds to the proposed Change of Use in direct relevance to the development. 4. The condition enforceable as operating outwith the approved opening hours can be monitored and evidenced with relative ease. 5. The condition is precise in that customers are not permitted onsite outwith 08:00‐18:00 hours 6. The condition is reasonable as the Applicant sought to change the unit to a Tea Room operating between 11:00hrs‐ 15:00‐16:00 six days per week. Should a third party take over the Class 3 use of the unit they would also be subject to the condition unless an application to vary the condition is approved. The operational hours of 08:00‐18:00 ensures the Change of Use of the unit does not adversely affect the residential amenity of immediate neighbours beyond what can be reasonably expected within the typical working day. Comment on Appellant’s Submission Having regard to the detailed reasons for requesting the review set out in part (7) of the appellants’ submission the following points are noted: 1. The Class 3 Tea Room poses no environmental issues to the Town and should not have a restriction on opening hours. The Appellant intends on opening the Tea Room until 20:00‐ 21:00hrs on occasion to support the business, including evening baking tutorials. The assessment of this application considered the potential impact upon residential amenity for the immediate neighbours. Representations were made in regard to noise, smells, vibrations, and privacy concerns by the immediate neighbours. The enforcement action that prompted the application arose from similar complaints of the previously unauthorised Change of Use. LDP2 Policy 14 (Bad Neighbour Development) resists development where there is an unacceptable adverse impact upon the amenity of neighbouring land uses through noise, vibration, odour or fumes. This Change of Use is considered to increase the comings and goings of customers, and it is likely customers will spend more time within (and outside) the unit when enjoying the café, compared with the previous Class 1A use. The potential for noise disturbance and harm to residential amenity is therefore greater than the previous use. Whilst it is reasonable to expect some noise disturbance and proximity to customers entering and existing the unit within the Town Centre Location, the change of use presents a risk to the amenity of immediate neighbours. The planning condition is applied to restrict opening hours to ensure any risk of noise disturbance and harm to residential amenity is minimised to within reasonable daytime operating hours. 2. Nearby restaurants and hot food takeaways are not subject to a restriction on opening hours.
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The planning history of neighbouring cafes and restaurants (Class 3) and hot food takeaways (Sui Generis) were not considered in the assessment of this application. The application relates to this site only, which as described, has dwelling flats above and to the side, with the front doors of two dwellings sited in close proximity to the unit. The proposed Change of Use from Class 1A to Class 3 raised concerns for the amenity of the immediate neighbours, which is addressed by the condition. 3. There are over 117 other eateries in Helensburgh all have no restrictions on closing times, and they have multiple residents above them. The whole of Helensburgh is built with commercial properties on the ground floor and residents above. I am unable to comment on the planning history of every café/restaurant (Class 3), and Public House and Hot Food Takeaway (Sui Generis) listed by the Appellant. Each application is determined on its own merits. In this case, the proposed Change of Use to a Class 3 use was deemed acceptable, with a planning condition applied to help safeguard existing residential amenity. 4. I am being unfairly singled out. I pose no threat or noise, or smells or drunks at late hours. I'm a Tearoom, serving mainly elderly and people who love to bake. The approved Change of Use application applies to the ground floor commercial unit at 81 West Clyde Street and not to the Appellant. The permission will remain with the unit until such a time when a third party may wish to change it. The condition subject to this review is intended to safeguard the residential amenity of the existing and future immediate neighbours of the unit and is not a personal restriction on the Appellant. Summary The planning application for a Change of Use to Class 3 was prompted by planning enforcement action following public complaints. The application was approved subject to two planning conditions, applied to safeguard residential amenity. This application is made in regard to planning condition 2, in relation to opening hours. It is unclear from the LRB application whether the Appellant seeks to remove the condition or amend it. The supporting statement within the planning application stated the typical opening hours of 11:00‐ 16:00hrs. The intention to operate late night openings was not included in the application and was therefore not addressed in the Report of Handling. Rather the assessment took into account the proposed Change of Use of the unit and the potential implications for existing and future neighbours. Each planning application is assessed on its own merits. This application assessed the Change f Use from a Class 1A retail store to Class 3‐ which would be permissible under the Class Use Order were it not for the adjoining residential properties. The resulting assessment found that the proposed Change of Use would present harm to residential amenity and would therefore warrant the aforementioned planning condition to ensure residential amenity. Emma Spence Planning Enforcement Officer Development Management Development and Economic Growth Argyll and Bute Council
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Email: Emma.Spence@argyll‐bute.gov.uk Telephone: 01436 658712
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Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 24/00570/PP Planning Hierarchy: Local Applicant: Mrs Melanie Andrews Proposal: Change of use from Class 1A to Class 3 (retrospective) Site Address: 81 West Clyde Street, Helensburgh, G84 8BB DECISION ROUTE ☒Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☐Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Change of use from Class 1A to Class 3 (ii) Other specified operations • None (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Environmental Health Consulted: 27.03.2024 Response: 19.04.2024 The Applicant should contact Environmental Health to discuss a suitable kitchen layout and an application for registration of a food business should be completed prior to commencing food operations. The Applicant should ensure suitable means of ventilation. A Ventilation System Design for commercial kitchen should be submitted to the Planning Authority and approved in writing prior to the commencement of development. Roads Authority Consulted: 17.04.2024 Response: 27.03.2024
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No objections. The site is within the Main Town Centre and there are no requirements to alter existing parking provision. (D) HISTORY: 23/00559/PREAPP – Change of use enquiry [20.03.2023] 23/02487/CLWP – Change of Use enquiry [returned] [03.01.2024] (E) PUBLICITY: Helensburgh Advertiser Published 11.04.2024 - Expired 02.05.2024 (F) REPRESENTATIONS: (i) Representations received from: Pamela Korzeniewski, 74 Dennistoun Crescent, Helensburgh 15.04.2024 Michael McCann, 80 West Clyde Street, Helensburgh, 03.04.2024, 19.04.2024 Tina McCann, 80 West Clyde Street, Helensburgh, 02.04.2024 & 17.04.2024 Alison Newbon, NO ADDRESS, 08.04.2024 Andrew Newbon, NO ADDRESS, 08.04.2024 Angela Reitano, 83 West Clyde Street, Helensburgh, 25.05.2024, 26.05.2024 Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: • The access lane to the side of the premises is regularly obstructed by vehicles and outdoor seating associated with the Tearoom. • There is regular use of a disabled parking bay on the public road by customers of the Tearoom, including those without a Blue Badge. If the café were to operate in the evening, the disabled parking bay would never be available. • The Tearoom has caused an increased demand for roadside parking spaces. Officer Comment: 81 West Clyde Street is within the Main Town Centre and benefits from roadside parking spaces and footfall of town centre users. Given the small size of the unit, the change of use to Class 3 is not expected to place significant demand on parking spaces. The Roads Authority has been consulted and have highlighted no concerns or objections to the proposed change of use. The Tearoom utilises the public footpath immediately in front of the premises for additional customer seating in line with The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023. An Informative can be added to the Decision Notice to highlight the Council’s Street Café Guidance to ensure the
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public road is not obstructed by street café furniture. Concerns regarding inappropriate use of Blue Badges and unauthorised occupation of disabled parking bays are outwith the scope of this application and can be reported to the Roads Authority via the Council’s website. • An expansion of business activities will lead to increased smells of cooking and noise levels. • Extraction will cause smells into neighbouring garden. • Since the café has opened cooking smells have pervaded bedroom and living areas. Officer comment: The requirements for kitchen ventilation are considered below. During the course of the application process the Applicant has installed a window fan to aid ventilation. There is no proposed installation of extractor fan system or external flue. To minimise undue harm to residential amenity through smells/odours, a planning condition can be applied to ensure no intensification of cooking by restricting use of deep fat fryers. • Customers stand directly outside the front door of the neighbouring residential units. This presents an invasion of privacy as customers can look directly into the home when residents enter or exit. • Customers of the Tearoom frequently obstruct access to adjoining homes by standing on the pavement, waiting to be served. Officer Comments: Two residential properties (Nos 79 & 80) have main doors opening directly on to the public footpath. The residential doors are sandwiched between the shop door for the Tearoom (No. 81) and the shop door for the shop at No 77. • The Applicant has installed a commercial cooker. Residents are concerned that the building is not compliant with fire regulations. Officer Comment: The kitchen equipment comprises a large oven with electric hob, an Air Fryer, and baking equipment. There is no apparent apparatus for deep fat cooking, and the risk of fire through largely domestic cooking apparatus is considered no higher than within the adjoining residential units. The Area Building Standards office has confirmed that no additional structural fire safety measures are required. • No sound proofing. Constantly disturbed by customer and staff loud conversations as well as movement of furniture and cooking equipment. No soft closure of external door which slams shut. Officer Comment: The main door does not appear to have changed since the previous tenants of the unit, operating as an electronics retail store. The cafe café is likely to attract more customers/ higher volume of customers and therefore use of the main door than the previous use. During the course of the application process the Applicant has installed insulation panels to the ceiling if the unit, which should help to mitigate any noise disturbance. A planning
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condition can be applied to ensure reasonable daytime operating hours to minimise harm to residential amenity in terms of noise disturbance. • The Scotland Use Order June 2023 (Litchfields UK) states that a Class 3 establishment must not be situated within 1m of a dwelling. Officer Comment: The Litchfields Use Order Guide referred to provides an easy to use guise to the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended). The Guide outlines that a change from Class 1a to Class 3 is permitted (without planning permission) unless the unit is below any part of a dwelling or within 1m of a dwelling. As the unit subject to this application is situated below a residential dwelling, the permitted change of use does not apply and planning permission is required rather than change not being allowed. • The café has been in operation for 1 year without planning permission, fire safety, building warrant and mechanical ventilation. • The Applicant has not complied with regulations and has operated as a Class 3 unit for the past year. Officer Comment: This application is made retrospectively in response to planning enforcement action. During the course of the application process the Applicant has installed a window fan to aid ventilation. There is no requirement to obtain permission from Building Standards for the changes proposed. • Inadequate toilet facilities for those with disabilities or using a wheelchair Officer Comment: The Applicant has advised that they offer no toilet facilities to customers. One toilet is available for use by staff only. It does not appear that the unit reaches the threshold to require toilet provision for customers. This is not a material planning consideration. • Adequacy of sewerage and drainage with increased level of activity Officer Comment: There is no proposed increase in the use of sewerage infrastructure. The Applicant has stated that the toilet on site is for staff use only. There are no identified impact on drainage at the site. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☐Yes ☒No (iv) A Sustainability Checklist ☒Yes ☐No
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(with reference to the requirements of LDP2 Policy 04) Proposed change of use from Class 1A to Class 3 within the Main Town Centre, in line with existing infrastructure and services. (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☐Yes ☒No (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity Liveable Places NPF4 Policy 14 – Design, Quality and Place Productive Places NPF4 Policy 27 – City, town, local and Commercial Centres NPF4 Policy 28 – Retail Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 10 – Design – All Development
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Policy 11 – Design – Conversions and Change of Use Policy 12 – Shopfront Design Policy 14 – Bad Neighbour Development Connected Places Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 45 – Supporting our Town Centres and Retailing Policy 47 – Change of Use of Class 1 Shops in Core Shopping Areas Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Third Party Representations • Consultation Reponses (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No (O)(i) Key Constraints/Designations Affected by the Development: • None (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A
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Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? ☐Yes ☒No ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application ☒Brownfield ☐Brownfield Reclaimed by Nature ☐Greenfield ABC LDP2 Settlement Strategy ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: • Area for Action: Helensburgh Town Centre and Waterfront • Main Town Centre (P) Summary assessment and summary of determining issues and material considerations Preliminaries This retrospective application is made following planning enforcement action (case reference: 24/00037/ENOTH3). The site The application site is within the Settlement Area (Helensburgh Town Centre) and accords with LDP2 Policy 01 (Settlement Area). This site comprises a small retail unit to the ground floor at 81 West Clyde Street. There is a residential dwelling (No. 80), to the upper floor(s), accessed from the adjoining public footpath. A further residential dwelling (No.79) sits above the retail unit at No. 79 and is also accessed form the adjacent public footpath. A vehicle passageway runs alongside No 81, allowing access to the residential units behind. Retail units are interspersed with eateries including cafes and hot food takeaways along the Town Centre section of West Clyde Street. Town Centre The unit is outwith the Core Shopping Area, and so presents no conflict with LDP2 Policy 45 (Supporting our Town Centres and Retailing). Rather, the change to Class 3 is supported by NPF4 Policy 27(a) (City, Town, Local and Commercial Centres) which encourages development that increase the mix of uses within the town centre. A change of use from retail (Class 1A) to café (Class 3) is in keeping and compatible with the landscape character of the area in accordance with LDP2 Policy 04(i) (Sustainable Development), LDP2 Policy 05 (Design and Placemaking), and LDP2 Policy 45 (Supporting our Town Centres and Retailing).
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Design The previous shop front is largely retained, with no changes proposed to doors and windows. The change of use involves internal alterations including the installation of a kitchen. No alterations are to be made to the side elevation such as installation of external flue or extraction system. A window fan has been installed to the kitchen window, viewable only from the passageway to the side elevation. On the side elevation there are no windows to the first floor dwelling, and no openings other than a small external extraction fan. As there are no material changes to the design of the unit, there is no conflict with LDP2 Policies 10 (Design), 11 (Conversions and Change of Use), 12 (Shopfront Design), or NPF4 Policy 14 (Design, Quality and Place). Residential Amenity LDP2 Policy 14 (Bad Neighbour Development) sets out a resistant to development where there is an unacceptable adverse impact upon the amenity of neighbouring land uses through noise, vibration, odour or fumes. Representations have been made objecting to the levels of noise and food/cooking odours from the café. The Area Building Standards officer has confirmed that no further works were required to the unit for it to operate as a class 3 business. During the course of the application process the Applicant has completed works to the ceiling of the unit which should help to minimise noise disturbance to occupants of the dwelling above. Whilst it is appreciated that the volume of customers to the tearoom/café will be greater than that of the previous electrical retail unit, there should be a reasonable expectation of noise during working hours from commercial units adjoining residential dwellings within the Town Centre. Nonetheless a planning condition is applied to restrict operating hours to ensure any risk of noise disturbance is minimised to within day time operating hours. The kitchen area comprises a large oven with electric hob, an air fryer, and baking equipment. It is not expected that the type of food prepared would cause excessive and unacceptable odour detrimental to the adjoining residential properties. A window fan has been fitted to provide necessary ventilation within the kitchen. As a requirement from the Area Environmental Health officer the installation of the fan is primarily concerned with ensuring safe and comfortable working conditions for staff within the unit. A condition is applied to this permission to restrict the type of cooking allowed to ensure odours from cooking are minimised. The application of planning conditions will ensure that harm to residential amenity through the Class 3 use is minimised. The proposal therefore accords with LDP2 Policy 14 (Bad Neighbour Development). Parking Provision As noted by the Area Roads Officer, as the site is within the Main Town Centre, no requirements for parking provision are required, in accordance with LDP2 Policy 40 (Parking Provision). Sustainability & Biodiversity The proposed change of use will have a neutral effect on NPF4 Policies 1, 2, and 3 (Climate & Nature Crisis, Climate Mitigation, Biodiversity). Conclusion This application seeks planning permission to change the use of a Class 1A retail unit to a Class 3 café. Objections regarding risk of harm to residential amenity through noise and odour can be addressed through the application of planning conditions. In this case it is considered reasonable to restrict opening hours and method of cooking (i.e no deep fat frying) to minimise disruption to adjoining
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residents. The change of use class within the designated Main Town Centre is supported by the Local Development Plan. For the reasons set out in this report, it is recommended that this application is approved. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Emma Spence Date: 18.06.2024 Reviewing Officer: Kirsty Sweeney Date: 19.06.2024 Fergus Murray Head of Development & Economic Growth
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/00570/PP Standard Time Limit Condition (as defined by Regulation) Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 26.03.2024, supporting information and the approved drawings listed in the table below, unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Location & Block Plan Existing Floor Plan and Image 415 (2) 001 - 26.03.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. The approved Class 3 Café shall only operate between 08:00 hours and 18:00 hours. Reason: In the interests of residential amenity 3. The permission hereby granted does not allow for the use of cooking with deep fat fryers within the premises. The permission allows only for a `domestic’ scale of cooking within the premises and any intensification shall be the subject of a separate application for planning permission. Reason: In the interests of residential amenity and in terms of the limited ventilation system in operation.
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ADDITIONAL NOTES TO APPLICANT 1. In line with guidance form Environmental Health, the Applicant should ensure suitable ventilation system within the kitchen in accordance with the Health and Safety Executive Catering Information Sheet No.10 (Ventilation in catering kitchens). 2. Under s.59 of the Roads (Scotland) Act 1984 Roads Authority Consent may be required to place tables, chairs, or other temporary furniture outside the premises for customer use. Please see Argyll and Bute’s Street Café Guidance for compliance details.
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APPENDIX TO DECISION APPROVAL NOTICE Appendix relative to application 24/00570/PP (A) Has the application required an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended): ☐Yes ☒No (B) Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. ☐Yes ☒No (C) Is the proposal consistent with the Development Plan? ☒Yes ☐No (D) The reason why planning permission has been approved: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report.
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Site Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright 2009. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil Proceedings. OS License No.100023368, 2010. ° Date: 26.08.24 LRB Ref. no. 24/00013/LRB 81 West Clyde Street, Helensburgh Scale: 1:1,250Drawn By: kmk