A Battlefield takeaway could face enforcement action after the council rejected its bid for retrospective planning permission.
‘Smoky’Z’ on Sinclair Drive asked Glasgow City Council to approve a change of use from cafe to takeaway, but planners have turned down the application.
They ruled the development would be to the “detriment of the residential amenity” of neighbours in the flats above the premises. Three objections to the plan had been received.
Planning officials have recommended enforcement action — and the owners now have three months to appeal the decision.
Previous applications to use a neighbouring shop unit as a hot food takeaway have also been rejected. Objectors highlighted these cases as well as raising concerns over “increased noise, disruption and litter”.
Plans submitted on behalf of the applicants said the “change of use of this small cafe into a hot food takeaway will introduce new service to the area”.
They added the premises, opposite Langside library, would “complement other establishments in the area, and contribute to the area’s appeal for both residents and visitors alike”.
Documents stated: “Due to an oversight on the part of the applicant who was unaware that the installation of a replacement flue would require planning consent, he has proceeded to erect the new flue, so the erection of the new flue, while replacing the old flue which was already there, is retrospective.”
They stated the flue, fixed to the rear wall of the property with “vibration proof fastenings”, would “eliminate all noises caused by vibrations” and “prevent any odours and smells from impacting on local amenity”.
A report by council planners stated the flue is in “a discrete position”, accords with guidance and is “not visible from the street”.
However, they added the change of use of the property from “a class 3 café to a sui generis hot food takeaway” was contrary to policy, as “sui generis uses must not be located within, or immediately adjacent to, existing residential buildings.”
The report stated: “The proposed development would provide a hot food takeaway (sui generis) within a tenemental property to the detriment of the residential amenity of the flatted properties above and the adjacent residential flats. This would highly likely lead to a loss of residential amenity.”
Officials also said, as the application is retrospective, the sign “on the shopfront does not benefit from advertising consent”. They ruled the application should be refused and enforcement carried out.
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