Takeaway layout and hours at 50 Broughton Street, Edinburgh

“The proposal is under Section 42 of the Town and Country Planning (Scotland) Act 1997 for planning permission without complying with conditions subject to which a previous planning permission was granted. The principle of the development has already been established under application 19/05647/FUL, and this remains extant. A previous permission under 17/00629/FUL was refused at development management sub-committee and subsequently allowed at appeal to the DPEA.”

“Two conditions under 19/05647/FUL, numbers 5 and 6 specifically refer to details of the proposed method of ventilation and the hours of operation respectively. This application seeks approval to change these conditions for the installation of a new ventilation system and to extend the operating hours from 08:00-20:00 to 08:00-23:00.”

“The application site is a hot food takeaway set over the ground and basement levels of a plain classical terraced tenement with shops built out and ground level, on the west side of Broughton Street.”

“Category B listed, listed 12 December 1974, LB ref. 30072.”

“− Appeal allowed subject to 8 conditions. Condition 7 states that the hours of operation shall be restricted to between 08:00 and 20:00 Monday to Sunday.”

“23/00696/ECOND Alleged non-compliance with planning permission 19/05647/FUL regarding hours of operation and ventilation requirements. Pending consideration.”

“It is recommended that this application be Granted subject to the details below.”

“The proposal to amend conditions 5 and 6 attached to the planning permission under 19/05647/FUL complies with the Development Plan. The proposals are acceptable with regard to Sections 59 and 64 of the Planning (Listed Buildings and Conservation Area (Scotland) Act 1997. Planning conditions to be attached to the permission will safeguard the amenity of neighbouring residents and other occupiers. There are no material considerations which outweigh this conclusion.”

“The location of the premises is identified in the Council's Non-Statutory Guidance for Businesses as being within an area of restriction for hot food takeaways. The guidance advises that where proposals for hot food takeaways within such areas are considered acceptable, they may be controlled through conditions restricting the hours of operation in order to ensure there is no adverse impact on residential amenity.”

“Environmental Protection has been consulted and carried out a smoke test and noise measurements which concluded that plant noise levels were found to be within acceptable levels, and no smoke was seen to enter into surrounding residential properties. A noise impact assessment (NIA) has been provided in support of the application and Environmental Protection raise no objections subject to the appropriate mitigation measures outlined in the NIA.”

“NAME: Environmental Protection COMMENT: No objections subject to condition regarding noise mitigation measures. DATE:”

“The full consultation response can be viewed on the Planning & Building Standards Portal.”

“− The proposed increased hours of operation would have an adverse impact on residential amenity; Officer comment - This has been addressed above in section c). − The proposed use must not be operational until proper ventilation is provided; Officer comment - This has been addressed above in section c).”

“− The existing conditions relating to the previous permission should remain in effect; Officer comment - This is an application under Section 42 of the Town and Country Planning (Scotland) Act 1997 for planning permission without complying with conditions subject to which a previous planning permission was granted. Conditions 5 and 6 of application 19/05647/FUL are sought to be amended.”

“24/05804/FUL – Report by the Chief Planning Officer To GRANT planning permission subject to the conditions, reasons and informatives as set out in section C of the report by the Chief Planning Officer.”