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2 and 4 Piersfield Terrace, Edinburgh PDF 6 MB GVA Wm Morrison Supermarkets Plc FAO: Meg Nelson See Agent Quayside House 127 Fountainbridge Edinburgh UK EH3 9QG Decision date: 9 May 2019 TOWN AND COUNTRY PLANNING (SCOTLAND) ACTS DEVELOPMENT MANAGEMENT PROCEDURE (SCOTLAND) REGULATIONS 2013 Section 42 planning application to 'not comply' with restrictive conditions for servicing at the Morrisons Supermarket, Portobello. At 2 And 4 Piersfield Terrace Edinburgh EH8 7BQ Application No: 18/09849/FUL DECISION NOTICE With reference to your application for Planning Permission registered on 14 November 2018, this has been decided by Local Delegated Decision. The Council in exercise of its powers under the Town and Country Planning (Scotland) Acts and regulations, now determines the application as Refused in accordance with the particulars given in the application. Any condition(s) attached to this consent, with reasons for imposing them, or reasons for refusal, are shown below; Conditions:- Reasons:- 1. The proposal is contrary to Local Development Plan Policy Hou 7 in respect of Inappropriate Uses in Residential Areas, as the proposed extended servicing hours will have a materially detrimental effect on the living conditions of nearby residents. 2. The proposal is contrary to the non-statutory Guidance for Businesses as it will lead to an increase in noise and disturbance to the detriment of the living conditions of nearby residents. Robert McIntosh, Planning Officer, Local Developments and LB East, Place Directorate. Tel 0131 529 3422, Email [email protected], Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG Please see the guidance notes on our decision page for further information, including how to appeal or review your decision. Drawings 01, represent the determined scheme. Full details of the application can be found on the Planning and Building Standards Online Services The reason why the Council made this decision is as follows: Changing the permitted servicing hours at the site would materially impact upon existing residential amenity. The proposal therefore does not comply with Policy Hou 7 of the adopted Edinburgh Local Development Plan and the non-statutory Guidance for Businesses. There are no material considerations which outweigh this conclusion. This determination does not carry with it any necessary consent or approval for the proposed development under other statutory enactments. Should you have a specific enquiry regarding this decision please contact Robert McIntosh directly on 0131 529 3422. Chief Planning Officer PLACE The City of Edinburgh Council NOTES 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months beginning with the date of this notice. The Notice of Review can be made online at www.eplanning.scot or forms can be downloaded from that website. Paper forms should be addressed to the City of Edinburgh Planning Local Review Body, G.2, Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG. For enquiries about the Local Review Body, please email [email protected]. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Report of Handling Application for Planning Permission 18/09849/FUL At 2 And 4 Piersfield Terrace, Edinburgh, EH8 7BQ Section 42 planning application to 'not comply' with restrictive conditions for servicing at the Morrisons Supermarket, Portobello. Item Local Delegated Decision Application number 18/09849/FUL Wards B14 - Craigentinny/Duddingston Summary Changing the permitted servicing hours at the site would materially impact upon existing residential amenity. The proposal therefore does not comply with Policy Hou 7 of the adopted Edinburgh Local Development Plan and the non-statutory Guidance for Businesses. There are no material considerations which outweigh this conclusion. Links Policies and guidance for LDPP, LHOU07, LRET05, this application Development Management report of handling – Page 1 of 15 18/09849/FUL Report of handling Recommendations 1.1 It is recommended that this application be Refused for the reasons below. Background 2.1 Site description The application site comprises a large, single-storey supermarket set back from Portobello Road. Access to the car park is taken from Portobello Road while the delivery area is access off Northfield Broadway. The surrounding area is predominantly residential with the exception of a small retail grouping on Portobello Road and the corner of Northfield Broadway. 2.2 Site History A/00087/92- Erect supermarket with associated car park, service yard access roads and petrol station. (Granted) - Loading and unloading operations restricted to 8am to 8pm Monday to Saturday. A/00183/93- Renew Consent for the delivery and unload from 0730 am. -Condition G41- Loading and Unloading retricted to 0730 to 2000 Monday to Saturday (for a 6 month period) (Granted) A/02495/93-Renew consent for the delivery and unload from 0730 am. -Condition G41- Loading and Unloading retricted to 0730 to 2000 Monday to Saturday - (Permanent) (Granted.) A/02540/98- Extension of superstore servicing to sunday. -Condition G41- Loading and Unloading restricted on sunday to 0930- 1700- (Granted.) 01/02581/FUL-Extend servicing hours, amend planning condition (G41) (to permit servicing from 0700 to 2000 on Saturdays and 0900 to 1700 on Sundays- Temporary 3 month period) (Granted) 06/04486/FUL- Removal of planning conditions to allow an unrestricted 24hr delivery schedule at supermarket- (Refused) 12/03866/CLE- Breach of condition G03 of planning permission A 00087 92 restricting opening hours of retail store resulting in retail store not being subject to any control over hours of operation in relation to opening. - (Granted) Development Management report of handling – Page 2 of 15 18/09849/FUL 13/00798/FUL- Section 42 planning application to not comply with condition number G41 of planning permission ref 92/00087/FUL (servicing hours) (Proposed service hours- 5:00am to 11:00pm Mondays to Saturdays with no changes proposed for Sunday- Application withdrawn.) Enforcement Investigations- There are also a number of enforcement investigations, all closed, regarding alleged breach in condition relating to the loading and unloading operations in the service area: 00/00862/ENCOMP- non-compliance with the condition: delivering goods outwith the authorised hours 02/00413/ENCOMP- BREACH OF DELIVERY TIMES 04/00703/ECOU - Non-compliance with servicing hours condition. 06/00789/ECOU- Non-compliance with condition - delivery hours 07/00404/ECOND- Hours of operation (related to delivery hours) 08/00679/ECOND - Breach of delivery hours Main report 3.1 Description Of The Proposal This is an application under Section 42 of the Town and Country Planning (Scotland) Act 1997 which seeks to "not comply" with restrictive conditions for servicing at the Morrisons supermarket, Portobello. Delivery hours were initially imposed by condition G41 on planning application A/00087/92 which was granted on 15 April 1992. These delivery hours have been extended through subsequent applications. The current delivery hours are: Monday to Saturday 0730 - 2000 Sunday 0930 - 1700. 3.2 Determining Issues Section 25 of the Town and Country Planning (Scotland) Act 1997 states - 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. Do the proposals comply with the development plan? Development Management report of handling – Page 3 of 15 18/09849/FUL If the proposals do comply with the development plan, are there any compelling reasons for not approving them? If the proposals do not comply with the development plan, are there any compelling reasons for approving them? 3.3 Assessment To address these determining issues, it needs to be considered whether: a) the proposed extension of store delivery hours will intrude upon residential amenity to an unacceptable degree; and b) any comments raised have been addressed. This application is made under Section 42 of the Town and Country Planning (Scotland) (Act) 1997. On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and- (a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly; (b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. Condition G41 was applied to consent A/00087/92 in order to safeguard the
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