TIME FOR A CHANGE ON McDONALD PLACE – PLANNING UPDATE (14.10.12)

Submitted by Editor on Tue, 16/10/2012 - 13:11

Despite 18 objections from locals and the New Town and Broughton Community Council, Batleys Ltd have been granted retrospective consent to vary their opening hours at premises on McDonald Place (Ref. 12/02594/FUL). But not quite the way they wanted.

As reported in Breaking news (14.8.12), this variation sought to regularise the hours which had already been in effect without permission for many years.

[img_assist|nid=3481|title=|desc=|link=node|align=right|width=200|height=74]Locals' principal objections were to the noise of passing traffic and static refrigerated vehicles, disruptive emptying of skips, rattling trolleys and grating gates. They saw Batleys' belated application as an opportunity to claim back a little peace and quiet at the weekend.

Council officials were quick to note that no complaints had been received about noise in the run-up to this application and, to locals' irritation, concluded that: 'the proposed revision to the operating hours at the site would not result in any detrimental impact on the existing levels of residential amenity presently enjoyed by the occupants of the neighbouring residential premises to the site'. It recommended consenting the application.

[img_assist|nid=3482|title=|desc=|link=node|align=right|width=200|height=63]However, the Planning Subcommittee took a more nuanced view. 'In the interests of amenity and in order to assess the impact of the development over a trial period', it agreed to the cash-and-carry's extended hours, but only for a limited period of one year. After this period, the hours will revert back to those originally approved: 8am–noon (Monday–Friday) and 8am–noon on Saturday.

Spurtle has no axe to grind with what appears to be a popular, useful and thriving business. But we welcome the Committee balancing commercial and residential interests in this way.

[img_assist|nid=3483|title=|desc=|link=node|align=right|width=200|height=92]Furthermore, although it does not appear to have been an explicit part of councillors' determination, we support the principle that terms of planning consents should be adhered to rather than ignored, overlooked, or tinkered about with later.

Having said that, we confidently expect further attempts at tinkering about in roughly 12 months' time.

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Second Edition Bookshop I'm very uncomfortable with this. As a business we comply fully with all relevant legislation. From the context of this story, it would appear that Batleys do not. Personally I take the view that retrospective consent should very rarely if ever be given, and almost certainly never to businesses. From what I understand, Batleys have simply chosen to ignore the existing consent. For the council to rule that "the proposed revision to the operating hours at the site would not result in any detrimental impact on the existing levels of residential amenity presently enjoyed" is absurd. Essentially they're saying because the business essentially ignored the law, there's nothing the locals can do. That's just so typical of the misplaced priorities of CEC.With decisions like this, is it any wonder that so many people hold CEC in such utter contempt?

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[img_assist|nid=3479|title=|desc=|link=node|align=right|width=149|height=200]Permission has been granted for the construction of a reinforced concrete raised walkway and floodwall structure clad in stone on the landward side and textured concrete to the riverward face along the Water of Leith by Warriston Road downstream of St Mark's viaduct (Ref. 12/02710/FUL).

The original consented design of the walkway (Ref. 03/0404/CEC) included two passing bays for people with prams or wheelchairs to pass, also usable as viewing points. The overall width of the consented structure was 2.1 m, and the width of the walkway 1.4 m.
 
More recent changes to that consent include the provision of an additional viewing platform; alterations to the width and scale of the walkway; alterations to the proposed handrail; and modification of the detailed design of the wall and coping.

[img_assist|nid=3484|title=|desc=|link=node|align=right|width=200|height=178]One local objector wrote to the Council asking whether:

a) the proposed 'material changes' would require undoing and revising some of the work that has already been done (which presumably would entail further delay, disruption and expense); or
b) the proposed 'material changes' would not require undoing and revising any of the work that has already been done, because this is a rubber-stamping exericse and the work had already proceeded on the assumption that permission will be granted.


Another commented:

This application for 'material changes' to the scheme, emerging so late in the protracted process, reinforces concerns that - despite the volume of paperwork (which often does more to obscure than to clarify) – the whole thing has been imposed without proper consideration. Before considering these add-ons, I hope the authority will ask what proposals there are for offsets - i.e. modifications to reduce the impact of the new structure and bring it closer to the height/sight of the previous wall.

Officials, however, considered the proposal to be in accordance with the Edinburgh City Local Plan, acceptable in design and scale, in its impact on the historical and natural environment, and in terms of flood prevention and archaeological interests.

The report to the Planning Subcommittee appears at the foot of this page.

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Openreach has given notice of its intention to install 'telcommunications apparatus' 8m west of 54b Annandale Street at the southeast corner of the junction with Hopetoun Street (Ref. 12/03588/PNT).

[img_assist|nid=3480|title=|desc=|link=node|align=right|width=200|height=200]Openreach does not require permission 'as an operator of a public electronic communications network, authorised under the provisions of the Communications Act 2003 and as a person to whom the Electronic Communications Code applies under section 106 of that Act'.

Being in the communications business, Openreach is naturally keen to communicate clearly what the apparatus comprises. It is a 'PCP026V2 Ananadale Street/ O/S 54b Annandale Street, Edinburgh, EH7 4AZ, 326003 674950'.

Spurtle understood this at once, but for the benefit of non-experts it is a 407mm x 750mm x 1408mm pavement-mounted metal box, and a very beautiful one at that.

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The Royal Botanic Garden has received planning permission for its proposed internal alterations and minor external alterations upgrading the lecture theatre (Ref. 12/03096/LBC).

We trust any improvements will be made with due consideration for the building's long-standing sitting tenants (pictured below).

[img_assist|nid=3478|title=Photo courtesy of Ryan Somma, Creative Commons.|desc=|link=node|align=middle|width=640|height=424]