A bid for a new takeaway in Edinburgh city centre has been given the green light despite previously being refused by the council — after a change to planning rules allowed developers to get around an "out of date" policy designed to protect retail units.
A former Amplifon hearing aid centre on the West End's Shandwick Place is now set to be converted to sell fast food, although the new operator is not yet known.
Planners at Edinburgh City Council threw the application out in September but councillors overturned that decision this week.
READ MORE: Edinburgh Council's ability to deliver health and social care at 'critical' risk
Permission for change of use of the unit was refused last year as officials said it would result in "50% of non-shop uses within the block," adding this would undermine the "retailing function of the city centre retail core".
However the applicants argued the street "has not been a core retail street for many years".
In an appeal to the council, Pritchett Planning said on behalf of applicants Santorinia Investments the retail policy, put in place to ensure the city centre remains a shopping destination and does not become overrun by restaurants and other uses, was "no longer fit for purpose" and "out of date".
They argued the retail environment on Shandwick Place "simply no longer exists".
They wrote: "There have been material changes in circumstances regarding the functioning of the street which is now a through route for public transport. It has not been a core retail street for many years, if it ever was."
However, as the appeal went before the council's Local Review Body (LRB) - which was held following a site visit by members to inspect the unit - it emerged that a change to planning laws made since the bid was refused meant it was now considered a permitted development.
Passed by the Scottish Government at the end of March, this allows shops to be turned into hot food takeaways without the council's approval.
Planning officer Gina Bellhouse told councillors at the meeting on Wednesday (May 3): "The effect of the change results in a change of use of the premises in question now being permitted development and not requiring planning permission."
However, she added consent would still have to be given for a proposed flue at the building's rear, which councillors approved and included a condition to ensure it would not cause noise disturbances.
READ NEXT:
Edinburgh council use of controversial weedkiller rises despite pledge to cut down
Controversial Edinburgh student flats on Leith Walk approved despite local concern
New Edinburgh Fringe hub plans move forward as council discusses city centre lease
Edinburgh care home plan gets green light despite local objections
Edinburgh Spaces for People 'errors' to cost council thousands and prolong consultation
