sui .I BUTE AND COWAL AREA COMMITTEE : PLANNING REPORTS COMMITTEE DATE: 2’ldMarch 1999 ~~~~ Application Uescription Location Reference ~~ 98/0 1879/CO I Mr & Mrs Conversion of office to cafh‘icc 172 Argyll Slrcct, Curnyn, cream parlour Durioon 99/00 125/DE1 Mrs McCleod Erection of extension 2 Ash Gardens, Dunoon Beornwood Ltd Conversion of house Knockdow House, to hotel Toward Beornwood Ltd Listed Building Knockdow House, Conversion of housc Toward to hotel Beornwood I.td Ercction of new leisure L,and at Knockdow facility House, Toward 99/0002/LIR Beorwood Ltd Listed Building: Land at Knockdow Erection of new leisure House, facility Toward 98/0 1647/OU1 Beorwood Ltd Erection of self Land at Knockdow catering House, accommodation in Toward courtyard & parking Y X/O 1732lDET Rothesay & Ercction of pipe band Recreation Ground, District Pipe practice hall High Strect, Rothesay. Band (Continued application to follow) 98/01793/COL William P C.O. U & Extension to “Seaside”, Price bakery to form dwelling, Tighnabruiach. partial demolition & alterations 98/01 692lOU7 Mararnarine Ltd Use of agricultural land for boat Rhubaan Boatyard, Tighnabruiach. storage 98/0 1604lDET Mr. R. Hood Erection of dwelling “Schiehallion”, Ascog, Isle of Bute 98/@924/DEI’ Portavadie Lcisure Ltd Holiday Village Polphail Village, Portavadie: Terms of Section 75 Agreement. Ddemtcd List Protected Tree: Enforcement Audit P.O’Sullivan 16th February 1999 Local Member - Councillor J.AHison Date of Validity - 21 December 1998 1 1 IhFebruary 1999 Reference Number: 98/01879/COU Applicants Name: Mr & Mrs Curnyn Application Type: Change of Use Application Description: Conversion of Off ice Into Cafeilce cream Parlour Location: 172 Argyll Street, Dunoon. (A) SUMMARY The operation of this premises as a cafei'ice cream parlour subject to suitable ducting on its rear elevation to remove potential concerns regarding smell is acceptable and is not in conflict with the provisions of POL COM 5 of the Cowal Local Plan. It is recommended that permission is Granted subject to conditions. (B ) POLICY CONSIDERATIONS The proposal requires to be assessed in terms of the provisions of POL COM 5 whereby the Council will oppose potential "bad neighbour" uses when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land. The proposal is considered to be acceptable and is not contrary to the provisions of POL COM 5 of the Cawal Local Plan. (C ) CONSULTATIONS I. West of Scotland Water (Sewerage) (letter dared 8Ih January 1999) : No objections. II. West of Scotland Water (letter dated 19" January 1999) : No objections. Ill. Area Engineer (Highways) (memo dated 13'h January 1999) : No objections. IV. Public Protection Unit (memo dated 20thJanuary 1999) : No objections subject to the provision of suitable ducting arrangements to address potential concerns relative to smell. (D ) PUBLICITY The proposals have been advertised under the provisions of Article 9 & Section 34 (Vacant Land & Bad Neighbour - closing date ShMarch 1999). One letter of representation has been received from Mr Gerardo, Ferri Fish Bar, 32 Church Street, Dunoon (undated letter llthJanuary 1999) in which the following concerns were raised: i) The objector was not notified of the proposed development. Comment: Neighbour notification was undertaken in accordance with Article 8 Procedures, however as the objectors property is sited more than 4 metres from the application site there was no requirement for the property to be notified. ,I ii) The sale of cigarettes, chocolate etc will take away a significant proportion of the objectors trade. Comment: Planning does not seek to and should not be used to stifle competition and this is not considered to be a relevant planning consideration in this instance. (E) ASSESSMENT Develooment Reauirina ExDress Plannina Permission. rn Conversion of a betting shop (Class 2 - Financial Professional & Other Services) into a Cafe/ice cream parlour (Class 3 - Food & Drink). Installation of flue duct on rear elevation. Other Swcified Operations I Internal alterations to the property. rn Connection to public sewer. rn Connection to public water supply. ADDlicants SupDortino Information No supporting claim has been made by the applicant in support of the proposal. Material Considerations The proposal entaits the conversion of a former betting shop (Class 2 - Financial Professional & Other Services) into a cafe/ice cream parlour (Class 3 - Food & Drink). There will be no consumption of hot food outwith the premises and the proposal is not for a carry out or take away. The premises are situated on the corner of Argyll Street and Church Street in an area of mixed retail and commercial uses with residential flats sited above. No external alterations are proposed with the exception of the flue duct on the rear elevation of the building, with the majority of the works entailing modifications to the internal layout. Although it is proposed that the premises will operate as a cafelice cream parlour which in itself is unlikely to generate significant cooking smells, should permission be granted to allow it to operate as a Class 3 facilrty this will allow it to open as a restaurant providing any type of food. It is therefore necessary that potential concerns regarding smell etc should be fully addressed at this juncture. The operation of the premises as a cafe/ice cream parlour (class 3) constitutes a potential ‘bad neighbour’ which requires to be assessed against the provisions of POL COM 5 of the Local Plan whereby the Council will resist or oppose such developments when it is considered that they are likely to have a detrimental effect upon adjoining residential properties. The determining factor in this assessment is whether the operation of this premises as a caf4/ice cream parlour will result in smell and disturbance to the detriment of adjoining residential units. I \WORD\DE~UNIAPPS96lE~TlE0083%0lrt79-Wfl CURNYN CAFE ICE CREAM PARLOUR 172 AUGYLL STREET OUNOON DOt 704 ,. It is proposed to install a flue duct upon the rear elevation of the building which will run along its gable to above the eaves height of the building, The Public Protection Unit have advised that subject to the provision of this ventilating arrangement that the proposal is acceptable and will not give rise to concerns regarding smell etc. In light of this it is considered that the proposal will not constitute a “bad neighbour” and will not conflict with Pot COM 5 of the Cowal Local Plan subject to the imposition of a appropriate conditions. It is considered that the proposal is acceptable and gives rise to no privacy and amenity concerns which cannot be adequately addressed via the imposition of conditions. (F ) RECOMMENDATION It is recommended that Planning Permission be Granted Subiect to no further representations being received which raise new issues and that the application be remitted to the Chairman, Vice Chairman and Local Member for approval subject to the following conditions and reasons set out overleaf. Head oFDevetoprnent and Building Control “In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985“. Case Officer: D. Jones 01 369-70-8604 Senior Planning P.O’Sullivan 01369-70-8608 Officer: I \WORD\DBQUNIAPPS 9RG€~TlW-849!0~879_WRCURNYN CAFE ICE CREAM PARLOUR I72 ARGYLL STREET UUWNOOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01879/COU CONDlTlO NS 1. Standard. 2, The proposed flue duct shall be fully installed and operational to the complete satisfaction of the Public Protection Unit in consultation with the Planning Authority prior to the premises coming into first operation. REASONS 1. Standard. 2. In order to avoid the potential for smell and disturbance to adjoining residential properties. I.\WOflD\OBQUNIAPPS.9810071~mO!0i9_WR CURNYN CAFE ICE CREAM PARLOUR 172 ARGYLL STREET DUNOON WC NOTE TO APPLICANT The permission granted (98/01879/COU)relates to the consumption of food and drink, including any hot food, on the premises. A separate planning application would be necessary should the sale of hot food for consumption off the premises be envisaged wbich if duly submitted would be determined on its planning merits. I.\WORD\DBCIUNlAPPS,9~D~T!~.~P,O!a~~WRCURNYN CAFE ICE CREAM PARLOUR g72 ARGYLL STREET OUNOOHSlOC 707 Local Member - Councillor McTaggart Date of Validity - 261h January 1999 1 IthFebruary I999 Reference Number: 99/00125/DET Applicants Name: Mr MacLeod Application Type: Detailed Application Description: Erection of Extension Location: 2 Ash Gardens, Hunter Street, Dunoon. -~ (A) SUMMARY The proposed replacement of a conservatory with a single storey extension of a design and finish to compliment the existing dwellinghouse is acceptable and gives rise to no land use or privacy and amenity concerns. It is recommended that permission is Granted. POLICY CONSIQERATIONS Desian Guide Extension and alterations to Existina Buildinas 15'h Mav 1985 "The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the exiting building. The extension should not dominate. It is thus vital to consider carefully the character of the existing building before designing any new work, and the extension should ideally reflect its style and proportions."" The proposed development accords with the principles of the Design Guide. SITE HlSTORY Ref 01-92-0147 Outline permission was Granted in June 1992 for the erection of seven houses within the site. Ref 01-93-0143 Reserved Matters Permission was Granted on the 31'' March 1993 for the erection of a dwellinghouse within one of the plots. This dwellinghouse has now been completed and is the subject of the current application. The applicants wife is a Senior Officer of the Council. PU€3 LlClTY Neighbour Notification was undertaken in accordance with Article 9 Procedures (closing date gth February 1999).