A fresh planning application has been lodged over two controversial Stirling takeaways whose neighbours insist have made their lives a misery.
Don Ritchie and Carole Ann Marshall – who have lived in their Borestone Crescent flat since the 1990s – point out that they are regularly disturbed by a loud rumbling sound from a large flue and customers shouting in the rear car park as well as cooking smells.
The former Falcon Bar premises had been converted into takeaways Black Rooster Peri Peri and ChurrosNChill during lockdown and following the couple’s complaints a retrospective planning application, submitted in summer 2021, was refused by planners.
A September 2020 plan for 45 Borestone Crescent, submitted by an architectural services company, and approved in December that year, had comprised ‘alterations to windows.’
The refusal of the retrospective application, issued in December 2021, stated the operation would ‘have a harmful impact on the reasonable residential amenities’ on the couple’s Borestone Crescent flat and to the wider local area citing ‘cooking odour, noise and disturbance.’
It was further pointed out that the proposal was contrary to the Local Development Plan policy relating to supporting town centres as well as site policy.
Stirling Council began enforcement action over the matter, but it is the subject of an appeal to the Scottish Government’s planning and environmental appeals division (DPEA). Interested parties have until April 7 to make representations.
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The latest proposal submitted by Richard Wilmot covers: ‘Use of part of public house (45) as restaurant (class 3) with ancillary hot food takeaway (sui generis) with repositioning/replacement of kitchen ventilation flue. Use of part of public house (47) as ice cream parlour (class one) with ancillary restaurant (class 3) hot food takeaway (sui generis) and installation of flue liner with chimney to serve canopy over donut cooking equipment. Including retention of beer garden as a seating area.’
It states that the client had previously ‘assumed that a public house could be used as a restaurant, leading to the submission [of the previous retrospective planning application].’
Mr Ritchie said this week: “This latest application doesn’t make any sense to me. They are asking for planning permission for something they have already been refused.
“Meantime we have been living with this situation for almost a year.”
Black Rooster franchise operator Richie Wilmot senior had previously told the Observer: “We want to make our neighbours’ lives as comfortable as possible, while at the same time our business continuing to trade.”
The Observer has since contacted Mr Wilmot for comment on the matter.
In their DPEA appeal submission, dated March 10, agents Padrino Design state that they had been commissioned in December 2021 following the rejection of the retrospective planning application.
The statement adds: ‘This was at the behest of the property owners as Padrino Design had carried out a project at the premises in 2008 and had prior knowledge of the property.
‘Padrino Design prepared new drawings and provided evidence of the beer garden, the use of part of the premises as a restaurant within the pub, and the existence of the former kitchen flue.
‘After, post submission, discussions lasting three weeks application 22/00089/FUL is about to be registered with fuller information than the earlier application.
‘We would suggest that the enforcement notice is suspended/set aside pending the consideration of the new application.’
Stirling Council did not respond to our request for comment in time for publication.
