Plans for a third takeaway unit in a small row of units on a residential Perth street have been approved after councillors were told their reasons for refusal were not competent.
Perth and Kinross Council 's Planning and Placemaking Committee met on June 1 to consider plans submitted by Fouin and Bell Architects on behalf of applicant Asif Hussein.
Planning consent was sought to change a vacant retail unit - at 96 Glengarry Road in the Moncreiffe area of Perth - into a takeaway unit.
It sits amidst a terraced row of ground floor units which currently house two takeaways, a beauty salon and a convenience store. The units above are privately occupied flats.
The plans attracted 13 objections which included concerns about the lack of need for another takeaway, parking, noise, smell and anti-social behaviour. An existing issue with noise and litter was described by several residents as a "disgrace".
One resident wrote: "It was only a few weeks ago someone damaged a car across the road whilst reversing out due to the tightly parked cars in the street. Next time it may be a cyclist or a child."
Another objector wrote: "We already have two takeaways there and one at Edinburgh Road and several at Craigie Cross less than a mile away."
Cllr Eric Drysdale told the committee at Wednesday's meeting: "I'm concerned because I'm familiar with the area and many's the time when I've been there there's not only been no parking spaces but people have double parked if just popping for a takeaway."
The Perth City Centre SNP councillor was concerned it "might result in even greater parking problems" for the resident with a disabled bay directly outside the unit.
Planning officers said parking enforcement was dealt with by the police or parking attendants - not planning.
Another officer acknowledged the "ad hoc" parking and suggested "potentially raising it with the traffic network team to see if there could be any improvements".
He added: "There are bus stops so there are opportunities for people to travel by bus to the store [unit] or walk or cycle."
Moving for refusal Conservative councillor Bob Brawn said: "We have a duty to protect residential amenity. I'm concerned we already have two takeaways and already have parking problems.
"With all due respect, most people will take a car to get a takeaway. I can't see someone taking a bus to get a takeaway."
His motion was seconded by Conservative councillor Ian James who added concerns about noise.
He said: "It's a residential area and will only compound what's already there."
But the council's legal adviser Colin Elliott said councillors were "not assessing over-provision" and "parking's not a planning problem but an enforcement issue".
He said a planning condition had been added to mitigate noise issues.
Consequently none of the reasons they had given were deemed "competent" reasons for refusal.
Cllr Brawn said his refusal was based on the "the cumulative effect on residential amenity of another takeaway in the area" and said it conflicted with PKC 's planning policy that said a development should "contribute positively to the quality of the surrounding built and natural environment".
He said: "In my opinion, it's going to make it worse."
Mr Elliott said: "You have to say what the harm is and essentially what you're doing there is putting in an over-provision policy and saying you can only have a certain amount because this one will cause too much more."
Cllr Brawn "reluctantly" withdrew his motion and Cllr James "reluctantly unseconded".
Cllr Drysdale added: "If I understand you correctly Mr Elliott parking - despite the fact it's mentioned in the report - it's not an issue we should concern ourselves with in this committee? And yet I do recollect other cases where parking was absolutely an issue and deemed competent. If there is a disabled person parking there that struggles to park as it is and we're going to make the situation worse, is that not residential amenity?"
Mr Elliott said parking had been assessed as "already adequate".
Transport planning officers concluded there was "adequate parking outside the proposed unit" and "considered that the level of traffic generated by the proposed use will not unacceptably impact on the local transport network".
Convener SNP councillor Ian Massie moved to approve the change of use and SNP councillor Mike Williamson seconded.
Planning consent was given.
