ERECTION OF MCDONALDS RESTAURANT AND DRIVE THRU ...

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STIRLING COUNCIL THIS REPORT RELATES TO ITEM 6 ON THE AGENDA PLANNING & REGULATION PANEL ECONOMY, PLANNING & REGULATION 26 JUNE 2012 NOT EXEMPT ERECTION OF MCDONALDS RESTAURANT AND DRIVE THRU, PERIPHERAL LANDSCAPING, SERVICE AREA, ACCESS, CAR PARKING AND GRILL ORDER SPACES AT LAND ADJACENT TO NORTH WEST OF SPRINGKERSE VIEW, SPRINGKERSE BUSINESS PARK, STIRLING - MCDONALDS RESTAURANTS LTD - 11/00844/FUL 1 SUMMARY 1.1 This application has been brought before Members at the request of Councillor MacPherson so that the Planning Panel can scrutinise whether or not this is an appropriate site and class usage in this location and whether or not this is an appropriate form of development given its proximity to St Modan’s High School. 2 OFFICER RECOMMENDATION(S) The Panel agrees: 2.1 To approve this Planning Application subject to the Conditions attached as Appendix 1 to the report and to a Legal Agreement to secure the payment of a developer contribution as required by the Transport Planning Development Advice Note. 3 CONSIDERATIONS The Site 3.1 The vacant application site extends to 0.34 hectares and is located approximately one kilometre to the east of Stirling town centre immediately to the north east of the Springkerse Roundabout, at Springkerse Business Park. 3.2 The site is currently unkempt but is bounded by an area of landscaped ground in the ownership of Stirling Council. Vehicular access to the site will be via an unnamed access spur running north east from Springkerse Roundabout road leading to a vehicular junction formed up to land in Council ownership. PR20120626Item06McDonalds.doc

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STIRLING COUNCIL THIS REPORT RELATES TO ITEM 6 ON THE AGENDA

PLANNING & REGULATION PANEL ECONOMY, PLANNING & REGULATION

26 JUNE 2012 NOT EXEMPT

ERECTION OF MCDONALDS RESTAURANT AND DRIVE THRU, PERIPHERAL

LANDSCAPING, SERVICE AREA, ACCESS, CAR PARKING AND GRILL ORDER SPACES AT LAND ADJACENT TO NORTH WEST OF SPRINGKERSE VIEW, SPRINGKERSE BUSINESS PARK, STIRLING - MCDONALDS RESTAURANTS LTD - 11/00844/FUL

1 SUMMARY

1.1 This application has been brought before Members at the request of Councillor MacPherson so that the Planning Panel can scrutinise whether or not this is an appropriate site and class usage in this location and whether or not this is an appropriate form of development given its proximity to St Modan’s High School.

2 OFFICER RECOMMENDATION(S)

The Panel agrees:

2.1 To approve this Planning Application subject to the Conditions attached as Appendix 1 to the report and to a Legal Agreement to secure the payment of a developer contribution as required by the Transport Planning Development Advice Note.

3 CONSIDERATIONS

The Site

3.1 The vacant application site extends to 0.34 hectares and is located approximately one kilometre to the east of Stirling town centre immediately to the north east of the Springkerse Roundabout, at Springkerse Business Park.

3.2 The site is currently unkempt but is bounded by an area of landscaped ground in the ownership of Stirling Council. Vehicular access to the site will be via an unnamed access spur running north east from Springkerse Roundabout road leading to a vehicular junction formed up to land in Council ownership.

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3.3 The site is located within the Springkerse Business Park and sits immediately to the west of the Springkerse View restaurant/public house and a 102-bedroom Holiday Inn Express. Enterprise House, a 2,322 square metres (Class 4) office development sits to the north of the site and Ochil House, a 2500 square metres (Class 4) office development sits to the west. A Wm Morrisons superstore comprising 7533 square metres is located to the south of Springkerse roundabout. St Modan’s High School is located approximately 300 metres to the north of the application site. The Peak leisure centre and Forthbank football stadium are also in close proximity to the application site.

The Proposal

3.4 Planning permission is sought for the erection of a freestanding McDonald’s drive through restaurant. The unit would extend to 467 square metres gross floor area and comprise a Class 3 restaurant with a sui-generis Hot Food Take Away, drive through lane, customer car parking area, service area and peripheral landscaping. The application is supported by appropriate drawings and plans, a Planning Statement, Transport Statement and Travel Plan.

3.5 The restaurant/hot food unit will be located towards the west of the application site with car parking to the east. The drive through road will follow a one-way system running round the building in an anti-clockwise direction. Parking provision will comprise 40 spaces with provision for 2 disabled vehicles and 2 motorcycles. Five Sheffield Stands for 10 bicycles will be provided on-site. An outdoor seating area will be created to the north of the building and a new 450 millimetres high timber boundary fence will be erected around the site. The building will be single storey and clad in a combination of aluminium panels, glazing panels, masonry block and vertical timber battens.

3.6 The Planning Statement submitted in support of the application explains McDonald’s corporate approach to environmental sustainability, social responsibility, operational requirements, planning background and provides a planning policy assessment. The Transport Statement considers the impact of the proposed development on the surrounding road network and the Travel Plan aims to reduce the need for staff to travel by car.

3.7 The Planning Statement outlines McDonald’s policy on green building construction, minimising traffic impact, recycling of packaging and use of recycled materials, waste minimisation, litter, noise and odour mitigation, anti social behaviour, traffic impact, nutrition and use of CCTV. It is expected that the proposed restaurant will employ in the region of 60-70 full and part time staff.

3.8 The Planning Statement notes that a masterplan for Springkerse Business Park was approved in 1996 and identified the site as part of a predominantly business area but that it has remained vacant for over 10 years. The statement notes that the masterplan plan is now out of date given the number of non-conforming uses that have been developed since its approval in 1996. This includes hotel, public house, retail superstore and the new high school.

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Previous History

3.9 Planning applications for the erection of a health and fitness club (ref: 06/00465/DET) and for the erection of a care home with associated car parking and landscaping (ref: 08/00788/OUT) were both withdrawn prior to determination.

Development Plan Policy

3.10 The current Development Plan for the area comprises the Clackmannan and Stirling Structure Plan (Approved 2002) and the Stirling Council Local Plan 2007 (As Altered) and policies relevant to the application are as follows:

3.11 Policy EDP2: New Strategic Employment Sites of the Clackmannan and Stirling Structure Plan (Approved 2002) stipulates that provision should be made in the Springkerse area for new strategic employment sites and that this should undertaken using a masterplan approach.

3.12 POL.ED1: Strategic Employment Opportunities of the adopted Stirling Council Local Plan 2007 (As Altered) states that ‘’Proposals for major business and industrial development should be located within the under noted framework of existing or new strategic employment sites. Preferred uses, development guidelines and other general criteria which will be applied to individual developments are indicated.’’ The application site falls within Proposal 5 Springkerse/Broadleys, which aims to retain existing industrial/business uses and prevent loss of premises or land to car show rooms or other ‘sui generis’ uses. Small to medium sized Class 4 (office), Class 5 (general industry) and Class 6 (storage or distribution) uses are supported. Other uses will be supported where they are ancillary to the primary Class 4, 5 and 6 uses.

3.13 POL.ED1: Other general criteria states that each site should be developed in accordance with an approved masterplan and/or Supplementary Development Guidance to ensure a coordinated and integrated approach to overall development and that uses other than Classes 4, 5 and 6 will not normally be permitted unless ancillary and part of a masterplan mixed use scheme.

3.14 POL.ED25: Hot Food Takeaways, Public Houses and Class 3 Uses seeks to ensure that licensed premises and premises used for the sale of hot food do not have a detrimental effect on neighbouring properties or on residential amenity.

Assessment

3.15 Planning Permission is sought for the erection of a restaurant with a drive through hot food take away facility on a vacant site located to the north east of Springkerse roundabout.

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3.16 The site is located within the Springkerse Business Park and as highlighted above under in the ‘Development Plan Policy’ section, it is designated in the Development Plan as a site where uses falling into Use Classes 4, 5 and 6 (Business, General Industrial and Storage and Distribution) should be retained. Uses outwith these classes will not normally be entertained unless they are ancillary to the main use and form part of a masterplan for the area to be developed.

3.17 The planning history of sites within the Springkerse Business Park would however indicate that uses other than Classes 4, 5 and 6 have been acceptable in this area for some time. Non conforming implemented planning permissions include:

Ref Development Granted

93/01004/REM Foodstore (Morrison’s) 28/5/93

96/00892/DET Hotel/Restaurant/Bar (Holiday Inn Express)

4/7/96

98/00750/Det Restaurant/Public House (Springkerse View)

29/10/98

05/00432/DET High School (St Modan’s) 9/11/05

3.18 The application site represents part of the remaining area of ground within the

site already partly developed for the hotel/restaurant and public house uses mentioned above. It has been vacant for over 10 years and its continued retention for Class 4, 5 and 6 uses would seem inappropriate if an opportunity for development arises. The Development Plan allows uses ancillary to the main use to be considered. It has been common practice for many years to allow drive through restaurants within or adjacent to business, retail and industrial areas. Stirling has several examples of such uses including: Pizza Hut and Burger King in the Springkerse Retail Park; McDonald’s at Back O’Hill Road and Kentucky Fried Chicken at Craig’s Roundabout. The proposed development on land to the north of Springkerse roundabout would be similar in terms of acceptable ancillary uses and proximity to industrial, business and retail uses. It would therefore be acceptable in terms of land use.

3.19 The proximity to St Modan’s High School has resulted in a number of objections to the proposal for a number of reasons. They are explained in more detail below but in summary include:

(a) Facility will have detrimental effect on the promotion of healthy eating;

(b) Facility will have detrimental impact on policy of restricting pupils’ ability to leave grounds during the school day;

(c) Facility will encourage pupils to use facility before and after school day;

(d) Facility will result in need for staff and police presence around the premises;

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(e) Location of facility will result in increased road traffic and create road safety issues and congestion;

(f) Facility will result in people parking cars and eating meals in the street serving school; and,

(g) Facility will cause increased litter and create a negative impact on the neighbourhood.

3.20 In terms of impact on road traffic and safety issues it should be noted that the application has been assessed with regard to vehicular and pedestrian access, parking provision and impact on the surrounding road network. Environmental Services has no objection to the proposal subject to conditions concerning: cycle parking provision and the requirement for a developer contribution in accordance with the Transport Planning Development Advice Note. This also includes the provision of a short pedestrian link from the car park to the public pavement on the un-named spur road from the Springkerse Roundabout. The supporting traffic statement demonstrates that there will be no adverse impact on the surrounding road network. An accompanying Travel Plan discourages members of staff from using private cars for work and encourages the use of public transport, cycling and walking.

3.21 Other matters raised in the letters of objection including, healthy eating, pupil movement during the school day, the need for staff and police presence, the use of a public road, increased litter and a perceived negative impact on the neighbourhood.

3.22 In response to letters raising concerns about healthy living, the applicant’s agent responded by explaining that McDonald’s has taken considerable steps in recent years to reformulate menu choices particularly in an effort to reduce saturated fat, salt and sugar levels. It is noted that McDonald’s supports the Government’s aim to reduce levels of salt in food and the majority of the menu now meets the Food Standard Agency’s 2010 salt targets and additional targets for 2012. Beef is entirely sourced from the UK and no fillers, binders or additives are used in products. The menu has been extended to include a broad range of other food and drink including porridge, deli sandwiches or wraps, fruit bags, carrots and salads. The response goes on to note that children are not allowed out of school premises during the school day so will not have access to the restaurant. It is also noted that children are also dropped off at the school by parents and school buses in the morning and collected again in the evening. The opportunity for visiting the restaurant will therefore be limited.

3.23 In terms of litter and negative impact on the neighbourhood, the Planning Statement explains that the applicant makes a commitment to tackle litter and conducts daily patrols whereby employees pick up McDonald’s litter and other litter discarded in the vicinity of its premises. It also provides litterbins and incorporates anti-littering messages on its packaging and signage.

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3.24 In terms of noise and odour the planning statement explains that McDonald’s uses an extract system which incorporates electrostatic precipitators and labyrinth systems that remove airborne grease and odours to ensure that only purified air is expelled from the restaurant. The importance of minimising noise is emphasised to staff and incidents of antisocial behaviour are kept to a minimum through staff training, the use of CCTV cameras and liaison with community police where necessary.

3.25 In response to the points advanced by McDonalds, it can be confirmed that it is school policy not to permit pupils to leave the school grounds during the day. The aspect of healthy eating has been carefully examined. Scottish Planning Policy Paragraph 35 sets out the Scottish Government’s support for the five guiding principles set out in the United Kingdom shared framework for sustainable development. One of those principles is “ensuring a strong, healthy and just society.

3.26 Further investigation has clarified that a written answer was given to the issue of healthy eating in the Scottish Parliament in March this year. A question was asked whether the Scottish Executive measures the siting or availability of fast food outlets near schools or provides guidance to Local Authorities on dealing with applications for such outlets. The Minister replied that the Scottish Government does not measure the siting or availability of fast food outlets near schools. Scottish Planning Policy contains guidance on the role of development plans in retailing, though no specific guidance is provided to Local Authorities on dealing with planning applications for fast food outlets. In any event, as outlined elsewhere in this report, planning permission is being sought for a restaurant, irrespective of the operator.

Objections

3.27 Twenty-two letters/emails of objection were submitted in response to the application. One letter is from the St Modan’s High School Parent Council. Three others were submitted by St Patrick’s Primary School Parent Council, St Bernadette’s RC Primary School Parent Council and St Mary’s Primary School Parent Council. The remaining eighteen letters were from parents of children currently attending St Modan’s High School or likely to attend in the future. The main reasons for objection and officers’ responses are outlined below.

(a) St Modan’s High School Parent Council stressed that the proposal would have a significant negative impact on the health, safety and wellbeing of the pupils. In terms of health and wellbeing it is argued that the proposed restaurant in such close proximity to the school would appear to contrast with Scottish Government policy and initiatives designed to alleviate the burden of obesity. It is also noted that the proposal will tempt pupils to leave the school grounds and that an increase in traffic in and around the shared access routes will increase the likelihood of accidents.

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Response: The adverse impact on the promotion of healthy eating by St Modan’s High School and the consequences of locating a fast food establishment in close proximity to the school on the health and wellbeing of pupils are recognised. The issue in terms of land use planning however is that a restaurant is a Class 3 use whether it is a high quality establishment or a fast food restaurant. It should also be noted that any restaurant could have an ancillary takeaway. It is therefore difficult to apply judgements on healthy eating and the health and wellbeing of pupils when it is the use and not the operator that is being assessed. The adjacent premises known as Springkerse View can, for example, change hands to a different operator without the need for planning permission. In terms of traffic issues it should be noted that Environment Services (Roads) offered no objection to the proposed development on traffic safety grounds. The proposal accords with Council policy in terms of access, circulation and parking for cars, motorbikes and cycles. The issue of controlling pupil movement during the school day is a matter for the school. If pupils are not meant to be out at all then the school should enforce this. It is understood that many pupils are dropped off in the morning and picked up in the evening. Others use school buses.

(b) St Bernadette’s RC Primary School Parent Council raised concern about the proximity of a fast food outlet to St Modan’s High School and the detrimental effect on the promotion of healthy eating and a healthy lifestyle. Concern was also raised about the abuse of an open WiFi network, traffic safety issues, and the potential threat from a high volume of customers in close proximity to the school.

Response: The potential impact on the promotion of healthy eating and a healthy lifestyle caused by the proximity of a fast food restaurant to St Modan’s High School is recognised. For the reason explained above however a fast food restaurant falls into the same Class 3 use as an upmarket restaurant and it is difficult to distinguish between the use and different types of operator. Access to an open WiFi network and the potential threat caused by customers are not planning matters. In terms of road safety and traffic issues Environment Services (Roads) offered no objection to the proposal on traffic safety grounds.

(c) St Patrick’s Primary School Parent Council refers to Government initiatives to tackle obesity by encouraging healthy eating and physical activity and states that the siting of a fast food outlet so close to a school totally undermines the promotion of good health practice. The parents of St Patrick’s Primary are supportive of St Modan’s policy of not allowing pupils to leave the premises during the school day. The proximity of a fast food outlet will place an added and unnecessary burden on teaching staff to police this policy. Concern is also raised about increased traffic and safety of children.

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Response: The potential adverse impact on initiatives to tackle obesity and encourage healthy eating and physical activity are valid concerns but are difficult issues to assess in terms land use planning. As mentioned above the existing restaurant known as Springkerse View can become a fast food outlet without the need for planning permission and an upmarket restaurant developed on the application site could change hands and become a fast food outlet, again at any time and without the need for planning permission. The implementation of St Modan’s policy of not allowing children to leave the school premises during the school day is a matter for St Modan’s High School to monitor and police. In terms of road safety and traffic issues Environment Services (Roads) offered no objection to the proposal on traffic safety grounds.

(d) St Mary’s Primary School Parent Council considers that the development will have a negative impact on the health, safety and wellbeing of pupils. It is of the view that the development of a fast food outlet in close proximity to St Modan’s High School contravenes a number of acts and initiatives to promote health and wellbeing and reduce obesity. In particular, mention is made of the Scottish Government’s Obesity Route Map Action Plan which identifies measures to restrict children’s access to ‘nutritionally inappropriate meals and high energy and energy-dense food from businesses located in the vicinity of schools. Concern is also raised about safety. The school is located within an industrial area surrounded by major busy roads and does not lend itself to safe access. It is considered that the development of a restaurant will tempt pupils to leave the school grounds and increase the likelihood of accidents.

Response: The potential adverse impact on initiatives to promote health and wellbeing and to reduce obesity is understood but one that is difficult to assess in terms of land use planning. As mentioned above the existing restaurant known as Springkerse View can become a fast food outlet without the need for planning permission and an up market restaurant developed on the application site could change hands and become a fast food outlet at any time without the need for planning permission. It is understood that St Modan’s High school operates a policy of not allowing children out of the grounds during the school day. It is also understood that most children are either dropped off in the morning or are picked up in the evening. Others use school buses. Taken together there should be limited opportunity for conflict with vehicles in the area.

3.28 Eighteen letters from individual parents objecting to the proposal raise similar issues and can be summarised as follows:

(a) The promotion of healthy eating and healthy lifestyle by St Modan’s High School will be undermined by proximity of fast food outlet to school.

Response: A response to this point has been made above.

(b) The proposed fast food outlet would be contrary to Government initiatives to deal with obesity and to control access to fast food outlets located in the vicinity of schools.

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Response: It is outwith the remit of planning policy and regulations at the present time to control the quality of food served in restaurants.

(c) The Council will be reneging on its commitment to work in partnership with teachers, parents and carers to promote a health and wellbeing message.

Response: In terms of health and wellbeing in respect of planning proposals Stirling Council can only assess matters concerning road safety and ensure that vehicular and pedestrian access are designed to ensure the safety of pedestrians and other road users.

(d) St Modan’s High School does not permit pupils to leave school premises during the school day and the introduction of a fast food outlet will undermine this policy. The additional burden will have implications for staff.

Response: The administration of a school policy to prevent pupils from leaving the school premises during the school day is not a planning matter. If pupils do leave the premises against school rules then the school itself must, if necessary, deal with the issue.

(e) The proposed fast food outlet will require a presence by staff and police to prevent use by pupils.

Response: It is understood that St Modan’s High School prevent school pupils from leaving the grounds during the school day. It is also understood that most pupils are both dropped off and picked up in the morning and evening by parents or use school buses. The opportunity to frequent the proposed restaurant would therefore appear to be limited. If the school continues to operate the closed gate policy and pupils continue to be dropped off and picked up it is difficult to see why a police presence will be required.

(f) Pupils will be tempted to use the proposed fast food outlet before and after school.

Response: It is understood that most pupils attending St Modan’s High school are either dropped off and picked up by parents and that others will arrive and depart using school buses. The opportunity to frequent the proposed fast food outlet would therefore appear to be limited.

(g) Concern is raised about traffic safety issues for children caused by an increase in traffic and congestion as a consequence of the fast food outlet.

Response: Environment Services (Roads) assessed the proposal and the associated Transport Statement and concluded that the proposed development meets current Council standards in terms of vehicular access and levels of parking for private cars, motorcycles and bicycles. No traffic safety issues were raised and no objection to the application was offered. Conditions concerning: levels of cycling parking, the need for a short pedestrian link between the proposed car park and public footpath and a requirement for a developer contribution in accordance with the Transport Planning Development Advice Note were requested.

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(h) Concern is raised about children safety as a consequence of the number of customers likely to frequent the premises. Customers with unknown vehicles parking in close proximity to the school to consume meals bought at the fast food outlet will raise issues of unwanted observation and attention.

Response: Adequate off-street car parking will be provided as part of the development and any issues concerning threatening behaviour are matters for the police.

(i) The proposed fast food outlet will lead to litter and vandalism issues.

Response: The planning supporting statement explains that McDonald’s conducts daily patrols whereby employees pick up litter associated with McDonald’s and other litter discarded in the vicinity of its premises. It also provides litterbins and incorporates anti-littering messages on its packaging and signage. In terms of vandalism, the planning supporting statement explains that incidents of antisocial behaviour are kept to a minimum through staff training, the use of CCTV cameras and liaison with community police where necessary.

4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS

Policy Implications

Equality Impact Assessment No Strategic Environmental Assessment No Single Outcome Agreement No Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) No Effect on Council’s green house gas emissions No

Strategic/Service Plan No Existing Policy or Strategy No Risk No Resource Implications Financial No People No Land and Property or IT Systems No Consultations Internal or External Consultations Yes

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Equality Impact Assessment

4.1 An Equality Impact Assessment seeks to promote equality between different groups of people (people of different races, men and women, people with a disability etc.) and differing issues such as religion/belief, age and sexual orientation. An Equality Impact Assessment demonstrates that equality has been addressed in policy making and review. Since this proposal does not relate to a new policy or revising an existing policy, it is considered that it will have a neutral impact on equality.

Strategic Environmental Assessment

4.2 When a new plan, policy or strategy is being submitted or an existing plan, policy or strategy is being reviewed it is a legal requirement that a Strategic Environmental Assessment is considered and undertaken if necessary. Since this proposal does not relate to any of the aforementioned, a Strategic Environmental Assessment is not necessary.

Single Outcome Agreement

4.3 The recommendation does not apply to any of the objectives of the Single Outcome Agreement.

Other Policy Implications

4.4 Following consideration of the policy implications of this report no relevant issues have been identified.

Resource Implications

4.5 Following consideration of the resource implications of this report no relevant issues have been identified.

Consultations

4.6 Environmental Health: No objections subject to conditions to control the hours of construction in the interests of amenity and the need to alert the Planning Authority if any ground contamination becomes evident during the development of the site. A comprehensive contaminated land investigation will be required in the event of any contamination being discovered.

4.7 Environment Services (Roads): No objection subject to the following requirements. In accordance with the Transport Planning Development Advice Note the proposal requires a financial contribution of £81,360 towards Stirling Council’s City Transport Strategy secured by means of a Legal Agreement. This is calculated on the basis of an estimated 226 trips at a cost of £360 per trip. A 2 metre pedestrian footpath link shall be provided to afford a direct link for pedestrians approaching the site from the west. Cycle parking for 8-10 bikes shall be provided in the form of Sheffield Stands. The stands should be erected with a minimum distance of 1200mm between each stand.

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5 BACKGROUND PAPERS

5.1 Planning Application file 11/00844/FUL. File can be viewed online at:

http://hbedrms.stirling.gov.uk/PAP/Results.asp?AppNumber=11/00844/FUL

6 APPENDICES

6.1 Conditions and Reasons – Appendix 1

6.2 St Modan’s Parent Council Information Briefing Notes – 7 June 2012

Author(s) Name Designation Telephone Number/E-mail

Jack McGowan Senior Planning Officer 01786 442985, [email protected]

Approved by Name Designation Signature

Kevin Robertson Head of Economy, Planning and Regulation

Date 15 June 2012 Service

Reference 11/00844/FUL

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APPENDIX 1 ERECTION OF MCDONALDS RESTAURANT AND DRIVE THRU, PERIPHERAL LANDSCAPING, SERVICE AREA, ACCESS, CAR PARKING AND GRILL ORDER SPACES AT LAND ADJACENT TO NORTH WEST OF SPRINGKERSE VIEW, SPRINGKERSE BUSINESS PARK, STIRLING - MCDONALDS RESTAURANTS LTD - 11/00844/FUL Approve, subject to the following conditions: 1 Period Of Consent: This development must begin within 3 years.

2 Restriction on Construction Hours: No machinery shall be operated, no activity carried out and no deliveries received at or despatched from the site outwith the hours of 8.00am to 6.00pm Monday to Friday, and 9.00am to 1.00pm on Saturdays, nor at any time on Sundays; unless otherwise agreed in writing by the Planning Authority.

3 Parking Provision: The 40 car parking spaces together with 10 bicycle spaces with

Sheffield type bike stands and 2 spaces for motorbikes within the boundary of the facility shall be provided prior to the operation of the facility all to the satisfaction of the Roads Authority.

4 Unsuspected or Unencountered Contamination: The presence of any previously

unsuspected or unencountered contamination that becomes evident during the development of the site shall be brought to the attention of the Planning Authority within one week. At this stage, a comprehensive contaminated land investigation shall be carried out if requested by the Planning Authority.

5 Pedestrian Footpath Link: Prior to the occupation of the building hereby approved,

a 2 metre wide footway connecting the application site with the existing public footpath immediately to the west of the site shall be provided. Full details shall be submitted to and approved in writing by the Planning Authority prior to development commencing on-site.

6 Landscaping: A scheme of landscaping including boundary treatment(s) and details

of trees and shrubs shall be submitted to and approved in writing by the Planning Authority prior to the commencement of work on-site.

7 Landscape - Planting on Completion: All planting, seeding, turfing and other

works indicated on the approved landscaping plans shall be carried out in the first planting season following completion of the buildings granted consent.

8 Landscape - Replacement Planting (3 Years): Within three years of the

completion of the approved landscaping scheme, any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased, or areas of grass which become eroded or damaged shall be replaced and reinstated by the end of the next planting season, to the satisfaction of the Planning Authority.

9 Site to be Well Maintained: The site shall always be maintained in a neat and tidy

condition to the satisfaction of the Planning Authority. 10 Details of Materials: Samples of the materials to be used for the external walls and

roof of the development granted permission shall be submitted to, and approved in writing by, the Planning Authority before any work starts on site.

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11 Compliance with Details: All works shall be carried out and completed strictly in accordance with the approved details, to the satisfaction of the Planning Authority.

Reasons: 1 In order to comply with the statutory requirements of the Town and Country Planning

(Scotland) Acts.

2 To protect the occupants of nearby premises from excessive noise/disturbance associated with the implementation of this permission.

3 To ensure that the facility provides adequate levels of parking for cars, motorbikes

and bicycles. 4 To ensure all contamination within the site is dealt with. 5 In the interests of pedestrian safety 6 In order to protect the visual amenity of the surrounding area. 7 In the interests of amenity, to ensure that the proposed development is provided with

a suitable standard of landscaping and is assimilated into the surrounding area at the earliest practical stage.

8 To ensure that the proposed scheme of landscaping is established and maintained in

the interests of the amenity of the site and the surrounding area. 9 In order that the appearance of the site is controlled in the interests of the amenity of

the area. 10 In order to achieve an acceptable form of external treatment. 11 To ensure that the overall development is undertaken in accordance with the

approved drawings.

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APPENDIX 2

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