Flue installation at 61-63 High Street, Laurencekirk

What was proposed

Permission was sought to install a metal extraction flue from the ground-floor kitchen, rising along the rear of the building and above the roof ridge.

“The property is a traditionally built detached structure of sandstone and slate, with the ground floor given over to the commercial property, with the upper floor being a flat. Along and on both sides of the High Street to the north and south are a mix of uses (commercial and residential), with a garage/car repairs business and commercial properties nearby. To the rear of the property, Johnston Street is made up of residential properties.”

“The proposal is to install a flue to the rear of the property from the kitchen area within the ground floor Class 3 Use. The flue will extend up along the rear elevation of the property, follow the pitch of the roof of the upper floor extension before extending up above the ridgeline by approximately 600mm. The flue will be constructed of metal and is of typical design for an extraction flue.”

Officer report

The site and surroundings

The site is a traditionally built sandstone and slate building in the town centre, with commercial and residential uses nearby and a flat above.

“The application site is on a building within the Laurencekirk town centre area which has the benefit of established planning permission for Class 3 (Food and drink) Use. This is currently subject to restricted operating hours under condition 3 of APP/2006/4061 to 0900 to 1700 on weekdays and Saturdays and 1100 to 1400 on Sundays and Bank Holidays unless otherwise agreed in writing with the Planning Authority.”

Officer report

Earlier permissions

The property had permission for food and drink use and three flues, while an application concerning opening hours was withdrawn.

“The following represents the relevant planning history for the site: ENQ/2012/2226 Non-Compliance with Condition 3 (Opening Hours) of Planning Permission Reference APP/2006/4061. Withdrawn.”

“APP/2006/4061 Change of Use from Class 1 (Shops) to Class 3 (Food and Drink) and Installation of Three Flues. Approved 28/12/2006.”

Officer report

Officers recommended approval

Officers considered the flue suitable for the town centre, appropriately positioned and capable of protecting nearby homes through noise and odour conditions.

“The development is set to take place within the town centre of Laurencekirk in a building with an established Class 3 (Food and drink) Use. As such, the installation of a flue complies with the principle of ensuring a healthy and vibrant town centre by supporting a commercial development as laid out in Policy 27 (City, town, local and commercial centres) of NPF4 and Policy B1 (Town Centre Development) of the ALDP 2023.”

“The installation of the flue was referred to the Environmental Health who commented that they had no concerns over the installation, subject to the application of conditions relating to noise and odour control measures. It is thought that the conditions would be sufficient to ensure the amenity of the surrounding properties, given that the area is situated in the town centre and mixed use in character.”

Officer report

Objections and consultation

Three objections raised noise, odour and increased footfall, while Environmental Health had no objection subject to noise and odour controls.

“A total of 3 valid representations (3 objections) have been received as defined in the Scheme of Governance. All issues raised have been considered. The letters raise the following material issues:”

“Environment and Infrastructure Services (Environmental Health) commented that they had no objection to the proposal from a noise or odour perspective subject to the imposition of conditions relating to noise and the installation of an odour control system.”

Officer report

The agent spoke

The agent addressed noise and odour, saying professional consultants had found no impacts on neighbours from the extraction system.

Members asked questions

Members discussed the flue’s height, noise and odour standards, opening hours, industry practice and whether earlier flues had been installed.

“Members asked questions and received responses to the height of the flue, standards used for assessing and monitoring noise and odour prior to installation and if previous consent for the installation of three smaller flues had been installed.”

“Members queried the current opening hours, the industry standard for the flue extract system and confirmed there would be no extractor located to the exterior of the building.”

Minutes

Permission was granted

The committee granted full planning permission subject to a three-year commencement limit, noise limits and an approved odour control system.

“Thereafter, Committee agreed to GRANT Full Planning Permission subject to the following conditions:-”

“The proposed flu shall not be installed unless details of an odour control system to be installed in the premises have been submitted to and approved in writing by the planning authority. The design of the proposed system shall have regard to the DEFRA document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.”

Minutes