Steve Rogers – Head of Planning & Building Standards Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188
Planning Applications Committee Report
SITING OF MOBILE SNACK BAR FOR A TEMPORARY PERIOD OF 3 YEARS
AT SITE ADJACENT TO 19 BRIARBANK, BANE LOANING, DUMFRIES
Application Type: Full Planning Permission
Applicant: Miss D Graham
Ref. No.: 12/P/3/0452
Recommendation - Refuse
Ward - Lochar
Hierarchy Type (if applicable) - Local
Case Officer - Andrew Robinson
1
BACKGROUND
1.1 Under the Scheme of Delegation, this application requires to be considered by the
Planning Applications Committee as more than six timeously received third party
objections on material planning grounds have been received.
1.2 The application site is an area of grassed brownfield land that is located on the
southern side of Bane Loaning, opposite Dumfries High School. The site is situated in an
area predominantly characterised by sandstone terraced dwellinghouses of which a row of
such houses is situated to the west of the application site (known as Briarbank) beyond a
shared private access to the rear of the terrace that serves some outbuildings / garages.
To the south of the site are the rear gardens of properties that are located on Lockerbie
Road. To the south-east is open grassed land and a car park. To the north is Dumfries
High School which comprises a mixture of different building styles of between two and four
stories in height. The site is enclosed with a wall of a height between approximately 1 1.3 metres. It appears that the site has been previously developed, with a garage or other
outbuilding possibly occupying the site as a small area of hardstanding exists where the
site is accessed from Bane Loaning. A vehicular access exists to the site and access can
also be obtained to the rear curtilage of 103 Lockerbie Road. The surrounding area is
mainly residential in character.
1.3 The proposal is seeking temporary planning permission to site a mobile hot food
snack bar for a period of three years. One parking space would be provided within the site
and a submitted site plan indicates that picnic tables and litter bins could be placed within
the site. No details of the exact visual appearance of the snack bar have been submitted.
The proposed hours of trading would be between 10:00 and 16:00 Monday to Friday.
1.4 The applicant has submitted a design statement in support of the proposal, which is
not a requirement under Regulation 13 of the Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2008. In summary, the statement
explains that the temporary snack bar would be a trailer on wheels with a tow bar and it is
proposed to site the snack bar on an existing hardstanding. The existing gates and
boundary walls surrounding the site would remain and picnic tables and benches could be
placed in front of the snack bar with litter bins provided. Connections would be made to
the public water supply and to a public sewer with gas bottles for cooking appliances to be
located externally.
Planning History
1.5 There is one record of planning history associated with the site, which is as follows:
12/P/3/0011 - Planning permission in principle granted for the erection of a two-storey
dwellinghouse (granted 23/02/2012).
2
CONSULTATIONS
2.1 Council Roads Officer - Objection.
Comments can be summarised as follows:
The proposed snack bar would be served by an existing access off Bane Loaning. The
site lies opposite the access serving Dumfries High School and the David Keswick Athletic
Centre.
Plans indicate only one car parking space within the site and this is likely to be for the use
of the staff. There is no indicated provision for customers and this would lead to an
increase in informal on-street parking on Bane Loaning.
It is possible that this proposed development could attract vans and HGVs in addition to
cars to park on-street in what is primarily a residential area, which would exacerbate an
existing under-provision of parking.
It is possible that this proposal may result in school children congregating on the footway
and overspilling onto the road to the detriment of road safety.
Given the location of the snack bar trailer and its potential detrimental impact on road
safety, he could not recommend in favour of this proposal.
2.2 Environmental Standards - No objections.
2.3 Scottish Water - No objections.
3
REPRESENTATIONS
Objection (20):
Dumfries High School, Marchmount, Dumfries
Heather Armstrong, Linnfield, Collin, Dumfries
Mr J Brown, 8a Briarbank, Bane Loaning, Dumfries
Diane Bruce, 5 Briarbank, Bane Loaning, Dumfries
Helen Burgoyne, 13 Briarbank, Bane Loaning, Dumfries
Brian Craig, Brian Craig Auto Repairs, Lockerbie Road, Dumfries
Ian Garton, Ian Garton Motors, 27 - 29 Balmoral Road, Dumfries
Yvonne Hiddleston, 4 Briarbank, Bane Loaning, Dumfries
Miss Margaret Kelly, Abriachan, Bane Loaning, Dumfries
Mr & Mrs W K McCally, 105 Lockerbie Road, Dumfries
Mr Charles McKenna, 4A Briarbank, Bane Loaning, Dumfries
Ricardo Pagani, 5 Balmoral Road, Dumfries
Angela Peacock, 51 Lockerbie Road, Dumfries
Paul Peacock, 80 Annan Road, Dumfries
Mrs V Richardson, 17 Briarbank, Bane Loaning, Dumfries
Jason Taddie, 72 Annan Road, Dumfries
Helen Turner, The Bungalow, Beyond the Burn, Mouswald, Dumfries
Louisa Vann-Wakelin, 51 Lockerbie Road, Dumfries
Lee Vann-Wakelin, 51 Lockerbie Road, Dumfries
P Wheeler, 15 Briarbank, Bane Loaning, Dumfries
3.1 A total of 20 timeously letters of representation have been received objecting to the
proposed development, one of which has been received from the Acting Head Teacher of
Dumfries High School that has been authorised by the Director of Education. The grounds
of objections can be summarised as follows:
Effect on Amenity and Local Environment
The visual appearance of the proposal would have a significant detrimental impact on
the local environment and would be out of place in the neighbourhood;
The proposal would have a detrimental impact on the local environment due to littering
that would result from the snack bar, making worse an existing situation;
The proposal would have a detrimental impact on the local environment due to noise
being omitted from the snack bar;
The proposal would give rise to cooking odour to the detriment of residents.
Inappropriate Site
This type of facility should be provided in a commercial location preferably in a shop
that is currently empty;
It is understood that there is a site allocated for a 'fast food outlet' at the Peel Centre
where at weekends there used to be a mobile snack bar. Could this proposal not be
sited there?
There are already sufficient food outlets in close proximity including a mobile ice cream
van in Bane Loaning
Traffic and Road Safety
Proposal would give rise to an increase in traffic which would increase congestion and
greatly affect the movement of traffic on Bane Loaning and the wider area around
Lockerbie Road;
The proposal would give rise to a danger to pedestrians and to school children crossing
the road to access the snack bar as well as congregating around it due to the restricted
width of the footpaths and the road with the increase in traffic;
Insufficient parking spaces exist presently to serve the snack bar and this proposal
would exacerbate this issue to the detriment of the residents;
Should the mobile snack bar generate increased traffic, what traffic management will
be adopted?
Procedural Matters
The Design and Access Statement incorrectly states that this was a caravan site. The
site is garden ground belonging to an adjoining house that has permission for a twostorey dwellinghouse;
Section 13 of the application form does not provide accurate information regarding
vehicle movements.
[NB - Objections have also been raised relating to concerns regarding the health aspects
associated with such a development, loss of jobs and business competition, loss of
property value, risk in anti-social behaviour, health and safety regarding the gas cylinders,
and the risk to child protection. These are not material to the consideration of the
application as they are either not material planning considerations or are outwith the remit
of planning authority to control.]
3.2 Comments were received relating to the Owners and Agricultural Certificate section of
the application form not being completed correctly. This was rectified with a re-submitted
application form that was received on 21 November 2012.
4
REPORT
Relevant development plan policies:Nithsdale Local Plan
General Policy 1 - Development Principle
General Policy 2 - Development Considerations
General Policy 7 - Siting & Design
General Policy 12 - Potentially Polluting Development
Other relevant material considerations:Scottish Planning Policy
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended by
the Planning etc. (Scotland) Act 2006, requires that:- “Where, in making any determination
under the planning Acts, regard is to be had to the development plan, the determination is,
unless material considerations indicate otherwise, to be made in accordance with that
plan”.
4.2 When determining applications, the Council is required to consider the overall aims
and objectives of the development plan as well the above subject policies. The guiding
principle of the Dumfries & Galloway Structure Plan is to encourage the growth and
development of sustainable communities in Dumfries & Galloway. To achieve this, the
following aims have been set out for the Structure Plan:To support development of the local economy
To support urban and rural communities
To support and protect the natural and built environment
To make best use of services and facilities
4.3 The determining issues in the assessment of this proposal are as follows:
Principle of Development;
Impact on Amenity and Local Environment;
Impact on Visual Amenity;
Road and Pedestrian Safety;
Servicing.
Principle of Development
4.4 Whilst at least 1 objector makes reference to the proposal not conforming with
Structure Plan Policy D10, it should be noted that this policy applies to ‘Medium and Small
Business Developments’. In the broadest sense, the proposal is a small business but the
planning definition of such activities is those falling within Classes 4, 5 and 6 of the Town &
Country Planning Use Classes (Scotland) Order 1997. Hot food take-aways are
specifically excluded from any Use Class (and are classed as being ‘Sui Generis’) and so
it is not considered that Structure Plan Policy D10 or Nithsdale Local Plan General Policy
23 (Business & Industrial Development on Unallocated Sites) are the correct policies
against which to assess the proposal. Instead, the key policy is considered to be General
Policy 1 (Development Principle), with General Policies 2, 7 and 12 also being relevant.
4.5 In assessing whether or not the proposal would be likely to give rise to a material
degree of land use conflict, the key issues to consider are the likely effect on amenity and
the local environment; visual amenity, road and pedestrian safety; and servicing. These
are all considered below.
Impact on Amenity and Local Environment
4.6 The proposed hot food mobile snack bar would be situated in a predominantly
residential area close to adjoining residential dwellings. Concerns have been expressed
from letters of representation regarding the impact that the proposal would have on the
amenity of the surrounding area and local environment by virtue of its visual appearance,
noise, litter and cooking odour.
4.7 The nature of such a proposal does raise potential environmental issues. It is
considered that any noise omitted from the use would be relatively small and not of a level
to materially affect the amenity of nearby neighbouring properties. Whilst objections have
raised concerns that the problem of litter in the area would be increased, there is no hard
evidence to suggest that the proposal would exacerbate the situation as bin provision
could easily be provided to mitigate this concern. Should adequate bin provision be
provided on site, it is not within the remit of planning to control the actions of individuals in
relation to dropping litter.
4.8 Although Environmental Standards have raised no objection to the proposal, it is likely
that the proposed snack bar would give rise to some degree of odour pollution. Given that
the odour would not be controlled through appropriate ventilation, as would be the case in
a hot food takeaway located within an existing property, it is considered that the amenity of
nearby adjoining residential properties could be unduly affected by this issue. General
Policy 2 requires developers to satisfy the planning authority in relation to the
environmental impact of the proposal. General Policy 12 also states that planning
permission will only be granted where the development would not result in an
unacceptable level of nuisance and the quality of the environment would not be materially
damaged or put at risk. Given that the proposal would be situated in a predominantly
residential area for six hours per weekday immediately adjacent to residential properties
with no evident controls for odour pollution, the impact that the proposal would have on the
local environment and amenity of adjoining residential properties is considered to fail the
requirements of Nithsdale Local Plan General Policies 2 and 12.
4.9 The mobile snack bar would also be introducing a use that is at odds to the general
residential character of the area, and as such, would give rise to a material degree of land
use conflict which would materially detract and be incompatible with the character and
amenity of this residential locality. The proposal's impact on general amenity would
therefore be contrary to General Policy 1.
Impact on Visual Amenity
4.10 No details have been submitted showing the proposed appearance of the mobile
snack bar although its appearance would be self explanatory, in the form of a van on a
trailer as well as associated structures such as picnic tables and litter bins. General Policy
7 criterion a) of the Nithsdale Local Plan requires development to have regard to the
character and appearance, scale, density, massing and materials, of the building, group of
buildings, or adjacent area, of which it will form a part. The surrounding area is mainly
characterised by sandstone terraced dwellinghouses with an anomaly being the school
that is located opposite the site.
4.11 Given the appearance of a development of this nature, it is considered that the visual
appearance of the proposal, albeit on a temporary basis, would be at odds to the character
and appearance of the residential group of buildings and adjacent area of which it would
form a part, failing to comply with the requirements of General Policy 7. Whilst in
operation, the development would appear visually incongruous and would materially
detract from the character and visual amenity of the locality. The visual appearance of the
proposal would fail to comply with General Policies 1 and 7 of the Local Plan.
Road and Pedestrian Safety
4.12 The Council's Roads Officer has raised concern that the proposal would lead to an
increase in informal on-street parking on Bane Loaning due to the lack of parking provision
proposed. There are also concerns, which are also raised by letters of representation, that
the proposal would exacerbate a current under-provision of parking in the area.
Representations have also raised concern that the proposal would lead to an increase in
traffic that would increase congestion and greatly affect the movement of traffic on Bane
Loaning and the wider area around Lockerbie Road, which in turn would pose an increase
danger to school children entering and leaving the school opposite.
4.13 Whilst the parking concerns are noted, it could also be argued that a fairly recent
parking area has been formed on the grassed area to the south-east of the site and this
would sufficiently ease the problem of parking congestion. Also, it is likely that any
passing vehicular trade would not remain at the site for a great length of time and therefore
any parking congestion would be for minimal periods during daytime hours. As a result of
these reasons, it is not considered that the proposal would exacerbate an under-provision
of parking to such an adverse degree as to merit refusal.
4.14 In terms of an increase in traffic congestion, it is unclear how much vehicular trade
such a proposal would generate but it is likely that it would be relatively low and not of a
level to increase traffic congestion to such a detrimental level. With regard to pedestrian
safety and those of school children, there is no evidence to suggest that this proposal
would lead to an increased danger to road safety, particularly when the proposal would be
accessed from a secondary road. As a result, whilst the concerns of the Council's Roads
officer and letters of representation on this issue are noted, it is not considered that there
is enough evidence to warrant refusal of the scheme on this issue.
Servicing
4.15 Scottish Water have not objected to the proposal and the applicant has indicated that
the site would be suitably serviced as it would be connected to the main water supply and
public sewer. The development could therefore be suitably serviced.
Conclusion
4.16 Taking all of the relevant planning considerations into account, it is considered that
the proposed snack bar would give rise to a material degree of land use conflict that would
materially detract from and be incompatible with the character and amenity of this
residential locality, due to the unacceptable impact that it would bring on the quality of the
environment and to neighbouring residential properties. The proposal, whilst in operation,
would also appear visually incongruous in the locality and would materially detract from the
character and visual amenity of the residential locality. The proposal is contrary to policies
contained in the Nithsdale Local Plan and, as there are no material considerations which
would override this presumption in favour of the development plan, it is recommended that
temporary planning permission be refused.
5
RECOMMENDATION
5.1 Refuse on the following grounds:-
1.
The siting of a mobile hot food snack bar on this site would be contrary to
Nithsdale Local Plan General Policies 1, 2d) and 12, in that the
development would give rise to a material degree of land use conflict
which would materially detract from the character of this residential
locality, by virtue of the unacceptable environment impact that would be
caused by uncontrolled odour pollution that would materially affect the
amenity of the area and neighbouring residential properties.
2.
The siting of a mobile hot food snack bar on this site would be contrary to
Nithsdale Local Plan General Policies 1 and 7a), in that the development,
whilst in operation, would appear visually incongruous and would
materially detract from and would not have regard to the character and
appearance of the group of buildings and adjacent area of which it would
form a part.
Relevant Drawing Numbers:
Location Plan/Site Plan (Date Stamped 23 Oct 2012)
Design Statement (Date Stamped 23 Oct 2012)