PLANNING APPLICATIONS COMMITTEE

Report by Executive Director of Development and Regeneration Services

Contact: Ms L Pasi Phone: 0141 287 6029 (NOT FRI)

APPLICATION TYPE Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION 08/02859/DC DATE VALID 27.11.2008

SITE ADDRESS 9 - 17 Bridge Street

PROPOSAL Erection of public house (Monday to Thursday and Sunday 1200 to 2300 and Friday to Saturday 1200 to 0100)

APPLICANT Bardowie Homes Ltd AGENT CRGP Limited 9 - 17 Partick Bridge Street The School House Glasgow 101 Portman Street G11 6PN Glasgow G41 1EJ

WARD NO(S) 12, Partick West COMMUNITY 02_020, Partick COUNCIL

CONSERVATION LISTED

AREA

ADVERT TYPE Bad Neighbour Development PUBLISHED 12 December 2008

CITY PLAN

REPRESENTATIONS/ CONSULTATIONS

Land and Environmental Services (Environmental Health) - no objection (conditions).

Land and Environmental Services (Cleansing) - no objections (conditions).

Three letters of objection have been received from nearby residents [inclusive of one from the Western Gate Proprietors’ Association]. The following concerns have been expressed:

- the proposed building height is out of scale with the prevailing building heights.

Response: any increased height would be prejudicial to the residential amenity of the existing residents within the Dumbarton Road tenement [refer to previous residential refusal outlined in the report conclusion].

- the increased vehicular, pedestrian and servicing traffic. PAGE 2 08/02859/DC

Response: the site is located within a Controlled Parking Zone and any increase in pedestrian traffic would not be on such a scale as to present any issues of concern with regard to residential amenity.

- the proposed external seating area will give rise to disamenity issues.

Response: the previously proposed external seating area has been deleted from the proposal.

- the area is already well served with public houses and this proposal represents over provision.

Response: the 20% threshold with regard to the provision of public house and hot food carry out uses, as specified with in Policy SC 9 Part [b] [i], has been breached. Please refer to the report conclusion.

- Increased noise generation.

Response: the previously proposed external seating area has been deleted from the proposal. A semi enclosed smoking zone has been designed into the building, thus mitigating against noise pollution. Standard noise conditions have been attached. Any noise which is generated and is considered problematic can be dealt with by Environmental Protection Services and, ultimately, the Licensing Board when the licence comes up for renewal.

SITE AND DESCRIPTION

Full planning consent is sought for the erection of a 2-storey public house on the cleared site of a single-storey, former glaziers business located at 9-17 Partick Bridge Street, which is within Council ownership. The application site lies immediately to the south of a 4-storey, red sandstone tenement at the corner of Dumbarton Road and Partick Bridge Street. This tenement has a public house at ground floor level, the ‘Three Judges’. To the south and directly opposite is the Western Gate residential development which forms part of a reconfigured Partick Cross. Immediately to the south of the application site, at 19 Partick Bridge Street, is a 7- storey residential building comprising 10 residential flats over a ground level public house, which replaces the previous ‘Memories Bar’ which occupied the site. Work on this building is currently nearing completion. Partick Bridge Street was realigned in the past and is stopped up at Dumbarton Road. The road is managed by an existing Traffic Regulation Order and is part of a Controlled Parking Zone.

Consent is sought for the erection of a public house on the cleared site of the former single-storey glaziers building. In terms of architectural form, the proposed building comprises a simple 2-storey, glazed pavilion, framed in black granite. The southern portion of the building is finished in translucent laminated glazing which reads as a backdrop to a partially enclosed smoking zone which falls within the building’s footprint. The previously proposed external seating area on Partick Bridge Street has been deleted from the proposal.

When the application was initially lodged, consent was sought for the erection of a bar/restaurant, however, with no kitchen facilities being proposed, the application was changed to a public house only. The applicant, who is also developing the adjacent building at 19 Partick Bridge Street, envisages possibly amalgamating the unit with the ground floor at number 19 and forming an extended bar/restaurant in the longer term. Such a proposal would require a further application for planning consent.

The Western Gate development, located immediately to the west of the application site, extends southwards from Partick Cross to the and includes some 203 residential units. A public house currently operates from the ground and mezzanine levels of this property. Committee is advised that, although approval for a restaurant was originally granted in 1999, the developer was unable to secure an operator and the unit remained vacant. Accordingly, a change of use to public house use was subsequently granted, with the mezzanine level remaining as a restaurant (d.a. 01/00403/dc refers). The mezzanine level was also eventually changed to public house use in 2007 (d.a. 07/01214/dc refers). PAGE 3 08/02859/DC

PLANNING HISTORY

Full planning consent for the erection of a new build residential development with ground floor commercial unit, was refused on 26 June 2008 (d.a. 08/00253/dc refers). It was considered that, due to the configuration of the site, the proposed 7-storey building would have led to an unacceptable loss of privacy, overshadowing and loss of natural daylighting. The development would have resulted in an unacceptable diminution of residential amenity for those residents living in the Dumbarton Road tenement which is located immediately to the rear.

POLICIES

Glasgow and the Clyde Valley Joint Structure Plan 2006 (Third alteration); no policy implications.

Glasgow City Plan 2003:

Dev 1: Quality and Design Dev 4: Town Centre

Des 2: Urban Design Des 3: Building Design and Materials

SC9: Food and Drink

ASSESSMENT AND CONCLUSIONS

Section 25 of the Town and Country Planning (Scotland) Act 197 requires that where an application is made under the Planning Acts, it shall be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises the Glasgow and the Clyde Valley Joint Structure Plan and the adopted Glasgow City Plan 2003.

The principal issues to be addressed with regard to the consideration of the application are considered to be:

- whether the proposal is appropriate, having regard to the relevant policy provisions of the Development Plan;

- whether any consultations/representations received are material considerations in the assessment of the proposals.

The Development Plan comprises the 2006 Glasgow and The Clyde Valley Structure Plan (third alteration) and the 2003 Glasgow City Plan. The Structure Plan contains no policy considerations which would have a bearing on the determination of the planning application.

With regard to the Glasgow City Plan 2003, the following policies are of relevance:

Dev 1: Quality and Design, is the overarching policy applicable throughout the City, relating to quality and design. Where any development is proposed, irrespective of its size, it shall meet high standards of design and use quality materials.

The proposed building has been the subject of pre and post application discussion. The design has been modified and material palette altered, resulting in a dynamic, 2-storey pavilion which is considered both innovative and responsive to its immediate context. Proposal Complies. PAGE 4 08/02859/DC

Dev 4: Town Centre. The areas designated ‘Town Centre’ are the City’s main retailing and commercial centres outside the City Centre that serve surrounding residential districts. Their designation is based on the size and range of their retail function, their accessibility by public transport, and their importance as principal community focal points. They generally also support residential populations living both within and on the edge of, the centres. Under the sequential approach to site selection, they are, together with the City Centre and local centres, the preferred location for retail development and, together with the City Centre, the preferred location for commercial leisure development. In considering proposed development, the Council will give priority to: improving the quality of the environment in town centres - enhancing the vitality and viability of their retailing function and protecting the amenity of their residents.

The proposed commercial development complies with the broad sentiment of the Town Centre designation. Proposal Complies.

Des 2: Urban Design. A high quality urban environment results from the complex inter relationships of a range of factors, including building form, urban grain, architectural style, etc. The Council expects high standards of urban design. All new development proposals should seek to create successful, meaningful and memorable buildings and spaces.

Whilst, in townscape terms, a building of tenemental scale would be more appropriate, as previously explained and reinforced by the earlier refusal in 2008, it would be prejudicial to the residential amenity of existing residents on Dumbarton Road. The proposed building, whilst of a lower scale, is considered to complement the area and is a marked improvement on the existing single-storey, workshop building which currently occupies the site. Proposal Complies.

Des 3: Building Design and Materials. The design of new development should be site specific and responsive to context. The design of infill or gap site development in traditional tenemental areas should respect the character of the surrounding area and adjacent buildings in terms of building line, scale, massing, modelling, elevational proportion and material. The aim should be for a contemporary design that complements its context rather than attempting to replicate it.

The proposed building is considered well executed in both its architectural form and material palette and complies with the sentiment of this policy. Proposal Complies.

SC 9 Food and Drink: Applications for food and drink uses are required to meet the locational and technical policies of Policy 9 Food and Drink, for a planning application to be considered favourably. In this regard, the application complies with the specified locational criteria with the exception of part (b) (i) which states that within any frontage of a street block, shopping parade or other readily identifiable unit, which also included residential properties, permission will not normally be granted for a change of use to a hot food shop or public house if the proportion of ground floor units operating these uses already amounts to or exceeds 20% of the total number of commercial units or will, with the addition of the proposal, exceed 20% of the total number of commercial units. For the purpose of assessing the proposal against this policy, the street block has been taken as 71 Dumbarton Road to 141 Dumbarton Road and wrapping around onto and including Partick Bridge Street, up to its junction with Dunaskin Street.

Out of a total of 13 ground floor commercial units, there is one hot food shop and three public houses (this is inclusive of the proposed public house). This represents a percentage of 30% and, therefore, breaches the 20% threshold specified within Policy SC 9. PAGE 5 08/02859/DC

It is considered that an exception to policy can be justified, given that it is not possible to construct anything over 2 storeys without adversely impacting on existing residents’ amenity. Given the commercial realities of developing the site, there is, realistically, little prospect of the site being developed for anything other than a restaurant or public house. The Council is keen to strike a balance between residential amenity and the legitimate commercial demands of the applicant with regard to the site’s development. The application site is located in a vibrant commercial area, very close to Partick Cross. The area, whilst quasi residential in nature, is located in an area where ambient noise levels are not low. The Dumbarton Road corridor is a principal arterial route and quality bus corridor and background noise levels reflect this. The previously proposed external seating area has been deleted from the proposal, thus minimising the potential for noise generation. Also, a partially enclosed, smoking area has been designed into the building, thus mitigating against patrons loitering on the pavement outside to smoke and chat. Standard noise conditions have also been attached as an additional safeguard for residential protection.

Accordingly, it is considered that planning consent should be granted subject to the attached conditions.

CONDITIONS AND REASONS

01. The development shall be implemented in accordance with drawing number(s):

L(00)101D L(00)102B L(00)103A L(00)104

as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority.

Reason: As these drawings constitute the approved development.

02. External materials shall be good quality. Samples shall be submitted to and approved by the Planning Authority in writing in respect of type, colour and texture. Written approval shall be obtained before the materials are used on site.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

03. All external colours shall be agreed in writing with the Planning Authority prior to the commencement of works.

Reason: In view of the special circumstances displayed by the applicant in this case and in order that the Planning Authority may exercise appropriate control at the expiry of these special circumstances.

04. Noise from or associated with the completed development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve (NRC) 35 between the hours of 0700 hours and 2200 hours and Noise Rating Curve (NRC) 25 at all other times.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

05. All mechanical ventilation and air conditioning plant shall be suitably isolated from the structure of the building and fan units positioned in a ducted system shall be isolated from the ducting by means of flexible connections.

Reason: In order to safeguard the property itself and the amenity of the surrounding area. PAGE 6 08/02859/DC

06. Suitable provision shall be made for refuse storage facilities including provision of appropriate refuse bins. Full details shall be submitted to and approved by the planning authority prior to the commencement of works.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

07. No solid roller shutters or projecting roller shutter housings shall be included in the development.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

08. Details of external security features proposed for use on the premises shall be submitted to the Planning Authority for written approval in respect of design, colour and location. Written approval from the Planning Authority shall be obtained prior to any installation work.

Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

09. Light from the use of the facility shall not give rise to:

(a) An 'Upward Waste Light Ratio' (maximum permitted percentage of luminaire lux that goes directly to the sky) in excess of 15%

(b) A 'Light Into Windows' measurement in excess of 10Ev (lux). (Ev is the vertical luminance in lux.)

(c) A 'Source Intensity' measurement in excess of 100 Kcd (kilocandela). (Source Intensity applies to each source in the potentially obtrusive direction out of the area being lit.)

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

10. No demolition works shall commence until contracts have been signed for the construction of the redevelopment proposals hereby approved. Written evidence should be submitted to and approved by the Planning Authority.

Reason: In order to protect the visual amenity of the surrounding area.

11. The presence of any previously unsuspected or unencountered contamination that becomes evident during the development of the site shall be brought to the attention of the planning authority within one week. At this stage, a comprehensive contaminated land investigation shall be carried out if requested by the planning authority.

Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.

Reason: To ensure the ground is suitable for the proposed development.

12. Details of any temporary barricades proposed during the works involved shall be submitted to the Planning Authority for approval and before commencement of work on the barricades and shall be implemented in the approved manner. The barricades shall be painted and/or maintained in good condition and kept free of advertisements.

Reason: In order to protect the visual amenity of the surrounding area.

13. No gates or doors shall oversail the public footway.

Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area. PAGE 7 08/02859/DC

14. Cigarette end disposer facilities to be provided within the semi-enclosed smoking area located at the front of the premises.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

15. 1 x 280L container bin (for normal refuse) and 2 x 240L bins (for recycling materials) to be stationed within the refuse enclosure.

Reason: To need to refuse disposal requirements of the development.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

16. A full acoustic survey shall be carried out that identifies the level of noise from the premises and the proposed mitigation necessary to remedy the noise nuisance to any nearby noise sensitive dwellings. These details shall be submitted for the written approval of the Planning Authority and thereafter any mitigation measures shall be fully implemented on site prior to the use commencing.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

17. No amplified or live music shall operate within the premises.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

ADVISORY NOTES TO APPLICANT

01. Any advertisement, other than that deemed within the terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, to be the subject of an application for express consent.

02. The applicant should consult Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development. In particular, sustainable drainage systems (SUDS) should be designed and constructed in accordance with the vestment standards contained in "Sewers for Scotland", 2nd edition 2007.

The applicant is advised that, where drainage systems including SUDS are not vested in Scottish Water, it is the applicant's/developer's responsibility to maintain those systems in perpetuity or to make legal arrangements for such maintenance.

03. The applicant should consult with Land and Environmental Services (Environmental Health) concerning this proposal in respect of legislation administered by that Service which is likely to affect this development.

04. Although there is a possibility of contamination on all or part of the application site, the Planning Authority has determined the application only on the basis of information available to it. This does not mean that the land is free from contamination and responsibility for safe development and secure occupancy of the site rests with the developer.

05. The applicants are reminded of the following policies of Land and Environmental Services (Cleansing):

REFUSE CONTAINMENT

It is the responsibility of the developer/owner to purchase the agreed means of refuse containment.

WHEELED BIN REFUSE COLLECTION

Where the developer is planning a wheeled bin method of refuse containment and collection, the conditions governing this system must be complied with, ie that the wheeled bin is presented at/and collected from, the agreed location (kerb side, air space etc) on the advised day of refuse collection by the owner/tenant/caretaker etc. PAGE 8 08/02859/DC

06. The applicant is advised to consider registering the site with the Considerate Constructors Scheme, which aims to improve the image of the construction industry. For further details, please contact the scheme directly.

Considerate Constructors Scheme, PO Box 75, Ware, Hertfordshire SG12 0YX

Telephone: 01920 485959 Fax: 01920 485958 Free phone: 0800 7831423www.ccscheme.org.uk email:[email protected]

07. In order to protect local residents' amenity, noise associated with construction and demolition works in residential areas should not occur before 0800 or after 1900 Monday to Friday, and not before 0800 or after 1300 on Saturdays. Noise from construction or demolition works should be inaudible at the site's perimeter on Sundays and public holidays. The planning authority should be notified of necessary works likely to create noise outwith these hours.

for Executive Director of Development and Regeneration Services DC/ LKP/MSTE/2 17/02/2009

PLEASE NOTE THE FOLLOWING:

Any Ordnance Survey mapping included within this report is provided by under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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