Children’s play centre at Whitehall Chambers, Blairgowrie

What was proposed

The application sought to turn an office into a children’s play and activity centre with event, retail and catering uses, plus a fence.

“Proposal: Change of use from office to children's play/activity centre with ancillary event, retail and catering uses and erection of fence…”

“The application is for a change of use of an office to a children's play/activity centre with ancillary event, retail and catering uses and the erection of a fence.”

Officer report

The site

The vacant former solicitor’s office has a rear garden, lies in a conservation area and is about 50 metres outside the town centre.

“The application site is a vacant former solicitors office located at 7 Bank Street. The site has a rear garden area which is accessed from the building. The property has access rights to the rear garden from a pend accessed on George Street (Drawing 07).”

“The site is located in the Blairgowrie Conservation Area, and is 50 metres outwith the designated town and neighbourhood centre.”

Officer report

Planning history

There was no site history, and no formal pre-application consultation was required because the proposal was not major development.

“The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore, the applicant was not required to undertake not any formal pre-application consultation with the local community.”

Officer report

Officers’ recommendation

Officers recommended approval because the proposal complied with the Development Plan and no material considerations justified overriding it.

“To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan.”

“Approval subject to the following conditions:”

Officer report

Consultation responses

Scottish Water and transport officers raised no objection, environmental health accepted the noise plan subject to conditions, and waste provision was suitable.

“Environmental Health (Noise Odour) - further information submitted during the application process including a noise management plan. No objection in principle to the application but recommend conditions to protect residential amenity.”

“Community Waste Advisor - Environment Service - Suitable waste provision included on plans.”

Officer report

Residents’ concerns

Eight objections supported the principle of the play centre but opposed this location because of parking, traffic, access, privacy, character and noise concerns.

“No parking • Road safety • Traffic congestion • Out of character with the area • Use of communal paths to access the Play Academy will negatively impact residential amenity and use of communal and private gardens in the area. • Noise in rear garden area from users of the Play Academy will negatively impact residential amenity…”

“The objections, whilst supporting the principle of the proposed Play Academy use for the town, do not however support it in this location.”

Officer report

Who spoke

The applicant’s representative addressed the committee and answered members’ questions.

The committee’s decision

The committee granted permission with conditions controlling garden hours, noise, lighting, complaints and cycle parking, because the proposal accorded with the Development Plan.

“Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. The hours of operation of the garden area shall be restricted to between 0830 to 1730 hours Monday to Friday only.”

“It shall also be subject to review following receipt of a justified complaint or at the request of the Council as Planning Authority. The approved Noise Management Plan and any subsequent revisions approved in writing by the Council as Planning Authority shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 9.”

Minutes