Planning and Environmental Appeals Division

Appeal Decision Notice

T: 01324 696 400
F: 01324 696 444
E: dpea@scotland.gsi.gov.uk

Decision by Rob Huntley, a Reporter appointed by the Scottish Ministers

Planning appeal reference: PPA-110-2286

Site address: Public Convenience, Duff Street, Turriff, Aberdeenshire, AB53 4AX
Appeal by Interurban Developments Ltd against the decision by Aberdeenshire Council
Application for planning permission reference APP/2015/2230 dated 12 July 2015 refused
by notice dated 3 September 2015
The development proposed: change of use to hot food takeaway
Application drawings: ID1, ID2, ID3, ID4, ID5, ID6, ID7, ID8, ID9, ID10, ID10.1, ID11 and
ID12
Date of site visit by Reporter: 27 November 2015

Date of appeal decision: 18 January 2016

Decision
I allow the appeal and grant planning permission subject to the 2 conditions listed at the
end of this decision notice. Attention is also drawn to the 3 advisory notes at the end of the
notice.
An application for expenses has been made by the appellant against the council. My
decision on that application is the subject of a separate decision notice.
Reasoning
1.
I am required to determine this appeal in accordance with the development plan,
unless material considerations indicate otherwise. Having regard to the provisions of the
development plan the main issues in this appeal are any effect the appeal proposal would
have on the safety of users of the adjacent highway, and on the amenity of the occupants of
nearby residential properties, with particular regard to noise, disturbance or odour.
2.
The development plan includes the Aberdeen City and Shire Strategic Development
Plan 2014 and the Aberdeenshire Local Development Plan 2012. The council has not
drawn attention to any specific policies of the strategic plan, but considers that the proposal
would be in conflict with policy 8 of the local development plan (Layout, siting and design of
new development) and with supplementary guidance SG LSD2 with the same title, referred
to in that policy.
3.
The appeal building is a vacant, single storey, partly flat-roofed former public
convenience. It fronts Duff Street, part of the main traffic circulation network of the town
Planning and Environmental Appeals Division
4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR
DX 557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals

abcdefghij abcde abc a

PPA-110-2286

and lies outside, but close to the northern edge of, the defined Turriff town centre. In the
vicinity of the appeal site Duff Street exhibits a mixed character, comprising residential and
commercial properties including a hot food takeaway on the south side of the street.
4.
The appeal building immediately adjoins, and is attached to, a terrace of residential
properties extending to the west on the north side of the street. To the east is a cleared plot
that appears to be awaiting redevelopment. Residential properties front Duff Street
immediately opposite the appeal premises, with a commercial tool and equipment supply
premises and a fish and chip shop flanking these to the west and east respectively.
5.
A single yellow line along the part of Duff Street in the vicinity of the appeal property
indicates waiting restrictions in force for part of the day in this location, but I observed no
information displayed to indicate what hours this relates to. During my early afternoon site
inspection limited on-street parking was taking place on the south side of Duff Street,
including in the lay-by opposite the appeal property and outside the tool and equipment
supply premises nearby. Contrary to the comment made by the councils Infrastructure
Service (Roads Development) in its amended representations, I observed that these parked
vehicles did not result in interruption to traffic using the street, which I noted as being
relatively light and not to be travelling at high speed.
6.
The existence of 4 off-street car parks all within 100 metres of the site, coupled with
the small scale of the take-away use proposed and my observations during my site visit,
lead me to conclude that parking associated with the appeal proposal would not give rise to
undue congestion in the vicinity so as to harm road safety. The existence of yellow-line
waiting restrictions and zig-zag road markings associated with the signal controlled crossing
to the east makes such short term parking less likely in my view. In any event, I do not
consider that the possibility that some drivers might choose to park inappropriately (and
possibly illegally), is a justifiable reason, in the absence of any evidence in that regard, to
refuse planning permission in this case. The signal controlled pedestrian crossing on Duff
Street, some 50 metres to the east, provides safe crossing facilities for pedestrians in close
proximity to the appeal site.
7.
The council asserts that the proposed use would negatively impact on the amenity of
nearby residential properties and the community council and nearby residents have made
similar comments. However, I have been presented with no clear evidence to convince me
that unacceptable harm would be caused by the proposed development in terms of noise,
odour or in any other respect. The councils Health and Safety Team Manager raises no
objection to the proposal on these or other grounds, subject to appropriately designed
sound proofing and extraction facilities being secured and maintained. The submitted
drawings include detailed specifications for such facilities and I am satisfied that with their
implementation and subsequent maintenance, the amenity of the occupants of nearby
residential properties would not be unacceptably harmed by noise or odour arising from the
proposed use of the appeal premises.
8.
There would be minimal change to the external appearance of the appeal property,
and the physical alterations proposed would not harm the character or appearance of the
building or the surrounding area. The council comments that adequate space exists at the
front of the building to accommodate bins for waste and recyclable materials. During my
site visit I observed that the faade of the appeal building is set-back from the plane of the
Planning and Environmental Appeals Division
4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR
DX557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals

abcdefghij abcde abc a

PPA-110-2286

adjoining terrace by approximately 1.5 metres, providing space for such provision.
I therefore I have no reason to disagree with the councils comment in this regard.
Consequently, there would be no conflict with policy 8 of the local development plan or with
supplementary guidance SG LSD2, which relate primarily to matters of layout, siting and
design.
9.
Scottish Planning Policy introduces a presumption in favour of development that
contributes to sustainable development. The appeal proposal would be consistent with
these principles, making use of existing building and land capacity by bringing a vacant
building, in an accessible location on the fringe of the town centre, back into beneficial use.
10.
Other matters raised in representations, in addition to those dealt with above, include
reference to an abundance of hot food takeaway premises in Turriff and the potential that
customers would engage in anti-social behaviour. On my site visit I noted the existence of
a significant number of food and drink establishments, including takeaway outlets, in the
wider area, including a fish and chip shop in Duff Street as mentioned above. However, as
the council has no development plan policy to restrict the number of takeaways in the area,
this factor does not amount to a justifiable reason to withhold planning permission in this
case.
11.
I acknowledge that hot food takeaway establishments can give rise to increased
pedestrian and vehicular activity in the vicinity, with the potential that noise and disturbance
could occur. However, conditions can be attached to regulate the hours of operation so as
to ensure that such effects would not be manifest during unsocial hours in the early morning
or late at night. Nor do I consider that an inevitable consequence of the proposed use
would be that customers would engage in anti-social behaviour.
Conditions
12.
The council has suggested that conditions be attached to control opening hours and
to secure the installation of an odour control system. The appellant confirms acceptance of
such conditions in principle. Although I agree, as explained above, that limitations on
opening hours should reasonably be applied, I see no justifiable reason to delay opening
until 12 noon as the council suggests on Mondays to Saturdays or 16:00 on Sundays.
I consider that 10:00, as the appellant suggests, would provide an appropriate balance
between safeguarding against potential early morning disturbance to residents and
supporting commercial viability. I agree with both parties that a closing time of 23:00 would
be appropriate on Fridays and Saturdays. However, I consider that an earlier closing time
of 22:00, as suggested by the council, is justified during the working week and on Sundays
reflecting a legitimate expectation of an earlier end to potential disturbance from comings
and goings on these days.
13.
Submitted drawing ID11 contains a detailed specification of sound insulation,
extraction, ventilation and odour control facilities proposed to be installed. I have attached
a condition requiring these specified measures to be put in place, and to be maintained
thereafter, as I consider this approach to provide greater clarity than the councils
suggested wording.
Conclusion
Planning and Environmental Appeals Division
4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR
DX557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals

abcdefghij abcde abc a

PPA-110-2286

14.
I therefore conclude, for the reasons set out above, that the proposed development
accords overall with the relevant provisions of the development plan and that there are no
material considerations which would justify refusing to grant planning permission. I have
considered all the other matters raised, but there are none which would lead me to alter my
conclusions.

Rob Huntley
Reporter
Conditions
1.
The use hereby permitted shall not take place other than between the hours of 10.00
to 22.00 hours on Mondays to Thursdays and on Sundays, and between 10.00 to 23.00
hours on Fridays and Saturdays.
Reason: To protect occupants of nearby residential properties from noise or disturbance
early in the morning or late in the evening.
2.
The use hereby permitted shall not be opened to customers until the sound
insulation, extraction, ventilation and odour control facilities as specified in the notes on
approved drawing ID11 have been installed and such facilities have been brought into use.
The installed elements shall thereafter be retained in operation in accordance with the
approved specification.
Reason: To protect local residents from nuisance resulting from noise generated within the
building and from the discharge of cooking odours.
Advisory notes
1. The length of the permission: This planning permission will lapse on the expiration of
a period of three years from the date of this decision notice, unless the development has
been started within that period (See section 58(1) of the Town and Country Planning
(Scotland) Act 1997 (as amended)).
2. Notice of the start of development: The person carrying out the development must
give advance notice in writing to the planning authority of the date when it is intended to
start. Failure to do so is a breach of planning control. It could result in the planning
authority taking enforcement action (See sections 27A and 123(1) of the Town and Country
Planning (Scotland) Act 1997 (as amended)).
3. Notice of the completion of the development: As soon as possible after it is
finished, the person who completed the development must write to the planning authority to
confirm the position (See section 27B of the Town and Country Planning (Scotland) Act
1997 (as amended)).

Planning and Environmental Appeals Division

4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR
DX557005 Falkirk www.scotland.gov.uk/Topics/Planning/Appeals

abcdefghij abcde abc a