Whitelaw Associates. Mr M. T. Farooq Kitleybrig 51 Restalrig Road Carlops Edinburgh Penicuik Scotland EH26 9NJ EH6 8BE Decision date: 7 June 2018 TOWN AND COUNTRY PLANNING (SCOTLAND) ACTS DEVELOPMENT MANAGEMENT PROCEDURE (SCOTLAND) REGULATIONS 2013 Alterations and change of use of existing vacant shop premises to form studio flat At 51 Restalrig Road Edinburgh EH6 8BE Application No: 18/00944/FUL DECISION NOTICE With reference to your application for Planning Permission registered on 5 March 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 the Local Development Plan Policy Hou 5 in respect of Conversion to Housing, as it fails to provide a satisfactory residential environment in terms of living space. 2. The proposal is contrary to policy RET10 in that it will result in the loss of a commercial unit suitable for small business use. 3. The proposal is contrary to the Edinburgh Design Guidance in that it does not meet minimum space standards to provide a satisfactory residential environment and there is no provision for secured cycle storage. Sheila Bernard, Planning Officer, Local Developments and LB East, Place Directorate. Tel , 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: The proposal is contrary to the Edinburgh Local Development Plan, policies HOU5 and RET10, the Edinburgh Design Guidance and the non-statutory guidance for businesses in that it does not provide a satisfactory residential environment and would result in the loss of a premises for small business use. There are no material considerations on which to justify granting permission and therefore the application should be refused. 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 Sheila Bernard directly on . 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 18/00944/FUL At 51 Restalrig Road, Edinburgh, EH6 8BE Alterations and change of use of existing vacant shop premises to form studio flat Item Local Delegated Decision Application number 18/00944/FUL Wards B13 - Leith Summary The proposal is contrary to the Edinburgh Local Development Plan, policies HOU5 and RET10, the Edinburgh Design Guidance and the non-statutory guidance for businesses in that it does not provide a satisfactory residential environment and would result in the loss of a premises for small business use. There are no material considerations on which to justify granting permission and therefore the application should be refused. Links Policies and guidance for LDPP, LHOU01, LHOU03, LHOU05, LRET10, NSG, this application NSGD02, NSBUS, Development Management report of handling – Page 1 of 8 18/00944/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 forms the ground floor of a tenemental property. The property is currently an empty commercial unit on the corner of Restalrig Road and Blackie Road. The surrounding area is predominantly residential with a scattering of small commercial units on the ground floor. 2.2 Site History There is no relevant planning history for this site. Main report 3.1 Description Of The Proposal The proposal is for the change of use from a class 1 (shop) to a studio flat (sui generis). The proposal seeks to remove all shutters and signage and to repaint the stone in a buff stone colour. New white uPVC windows are to be fitted into the existing openings with the lower half of the window being opaque privacy film. Internally the proposal seeks to remove existing doors and the counter and put in a new partition wall and door to create a bathroom and storage cupboard. 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? 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? Development Management report of handling – Page 2 of 8 18/00944/FUL 3.3 Assessment To address these determining issues, it needs to be considered whether: a) The principle of the development is acceptable in this location; b) The proposals will result in an unreasonable level of neighbouring residential amenity; c) The proposal will result in an adequate level of amenity for future occupiers of the development; d) The proposals will have any traffic or road safety issues; e) The proposals will have any detrimental impact on flooding issues; and f) Any comments have been addressed. a) PRINCIPLE CHANGE OF USE The application site is not located within a town centre or within a speciality shopping street and the proposed external appearance of the property will be satisfactory. However, this will result in the loss of premises suitable for small business use and no evidence has been submitted to show the premises are not viable for small business use. It is therefore contrary to policy RET10. The non-statutory guidance for businesses states that applications for a change of use will need to prove that the quality and size of accommodation created is satisfactory. The proposal seeks to create a studio flat and a minimum of 36square metres is required to provide a satisfactory residential environment. The space provided only equates to 32 square metres and therefore is not acceptable. Policy HOU5 states that planning permission will only be provided where a satisfactory residential environment can be achieved, housing would be compatible with nearby uses, appropriate open space, amenity and car and cycle parking standards are met and the change of use is acceptable having regard to other policies in this plan including those that seek to safeguard or provide for important or vulnerable uses. The proposal is contrary to policy RET10 as detailed above. The proposal is contrary to HOU5, RET10 and the non-statutory guidance for businesses and is therefore unacceptable. b) AMENITY The proposal is for an existing building and it currently has no issues regarding neighbouring amenity in terms of noise, daylight, sunlight and outlook. The proposal is for a change of use from a class 1 (shop) to residential use and there will be no change in the footprint of the building and therefore will have no adverse impact in terms of neighbouring amenity. c) OCCUPIER AMENITY Development Management report of handling – Page 3 of 8 18/00944/FUL The Edinburgh Design Guidance states that the minimum floor space required for a studio flat, in order to provide a satisfactory residential environment, is 36 square metres. The proposed property measures 32 square metres and is therefore unacceptable in terms of providing a satisfactory residential environment. Storage requirements are 5% of the overall floor space and these have not been met. In regards to private open space Policy Hou3 states that a minimum of 20% of the total site area should be useable green space. The property was designed as a retail unit and is located on the corner of a tenement block and has no access to private green space. However, the property is within easy walking distance to Leith Links,which provides a large area of greenspace. The proposal is contrary to Edinburgh Local Development Plan policy HOU5 and the Edinburgh Design Guidance in failing to provide a satisfactory residential environment. d) TRANSPORT The Edinburgh Design Guidance states that a maximum of one parking space per property should be provided, the site provides no private parking, however is serviced by a good local transport network.