Central Planning Committee

2.4.3 Given the above, this development is considered to be a well designed mixed commercialscheme both in architectural and layout terms and would respect the character and appearanceof the surrounding environment. The development conforms to the Development Plan and theCouncil's Urban Design Guide in terms of respecting the environment and achieving goodstandards of architecture.2.4.4 The building is therefore acceptable in terms of the Development Plan and other guidancewith respect to this issue.2.5 Residential Amenity2.5.1 Policy E2 of the Adopted Local Plan supports development within settlement boundarieswhere it is compatible with neighbouring uses and will not adversely affect the amenity ofneighbours.2.5.2 Fife Council's Planning Customer Guidelines on Businesses Selling Food and Drink (2007)advise that proposals for food premises within settlement boundaries will be supported wherethey do not create new or increase current amenity problems to any neighbouring premises andwhere a concentration of such uses will not arise which will alter the character of an area or leadto cumulative amenity problems.2.5.3 Objections have been raised from neighbouring properties in relation to litter, anti-socialbehaviour, night disturbance, noise from the taxis, increase in potential for crime, lack ofproposed opening hours and potential hot food odour. There is a presumption that there will belate night activity and operational noise associated with this type of development. As such,Enterprise, Planning and Protective Services Public Protection Team (PPT) have beenconsulted. PPT have requested that hot food premises with the potential to generate odours andnoise emissions should not operate until details of all of the installation and/or erection of allextract ventilation systems, including details of the methods of treatments of emissions andfilters to remove odours and control noise emissions have been submitted and approved by theplanning authority. In addition the works specified in the approved schemes must be fullyinstalled. As no end user has been identified it is not unreasonable that the submission of thisdetail be covered by condition for the submission of detail, or a further application for expressplanning consent which ever is appropriate.2.5.4 Details have been submitted relating the operating times of the convenience store as perSection 1.3 and as such it is considered appropriate to impose a condition in relation to this. PPThave not raised any issues in relation to the hot food element opening hours but has raised otherpotential issues including construction disturbances, artificial lighting and deliveries and hasrecommended the imposition of conditions to reduce any potential impact. No mention of anynoise generated from the operation of the retail and hot food units was raised by PPT. The issuerelating to litter is not a material planning consideration. The area of grass to the west of the sitewill be reduced and thus less inviting to people using it as a short cut and there is no evidencethat the changes to this area will induce crime. Given that the former use was a Public House,the proposed use is less likely to generate excessive noise and anti-social behaviour late atnight. The introduction of non-specific operating hours of the hot food takeaway will if approvedgive consent to open until 11pm after which a late hours operating licence will be required, andgiven the existing licensed use, the permitting of the hot food takeaway until 11pm is consideredreasonable. It has to be expected that the new units will generate more traffic than the publichouse. However, the new proposed access from Broom Road will draw traffic away from theresidential properties on Lorne Court where the existing access is located and thus reducing theimpact of vehicles visiting the units particularly at night and early morning hours.13