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31.9 square metres. The proposed beer garden will be to the rear and will be 9 metres by 9.1 metres in length. Facing materials of the proposed extension will match the existing public house. The area to the rear of the proposal is to be landscaped. The boundary of the site is going to be blocked off by a metre wall with security cameras installed.

The small extension to the side of The Whifflet Arms, which is used at present as toilet accommodationis to be demolished. The proposed rear extension will replace this use. As described in the report for the related planning application C/05/01336/FUL, to the rear of the boundaryis a football pitch with iron mesh fencing approximately over 3 metres in height. No additional parking facilities are proposed. The backcourt area suffers from anti social behaviour at present and is not attractive. The hedges and grass are overgrown and there is a lot of litter and broken glass. It is thought that the proposal will be an improvement to the existing situation.

Whilst some noise will undoubtedly be emitted from the beer garden, it is unlikely to be significantly louder than the existing public house and the traffic noise created from Whifflet Street. The proposed beer garden would be between the proposed licensed bookmakers and the proposed rear extension, which would also act as a noise barrier. the proposal is to the rear of The Whifflet Arms it will not be visible from the public road. There are no residential properties within the immediatevicinity of the


The proposal is located within an area covered by policy COM 5 (Local Shops) where the Council generally support shopping and other related uses including class 1 and subject to other policies in the local plan. There are no strategic implications. This area of Whifflet is predominantly a local shopping centre with many different uses being incorporated along the length of Whifflet Street. It is considered that the proposal is acceptable in planning terms, and will not be detrimental to the amenity of the surrounding area. Thus, the addition of a beer garden as an ancillary facility to an established

public house is considered acceptable at this location.

The Transportation Section is satisfied that the proposal will not introduce any potential road safety issues into the area and the Pollution Control Section has offered no objection to the proposal. No objections were received followingthe newspaper advertisement on the 17thAugust 2005.

Subject to conditions I consider the proposal acceptable and recommend that planning permission be granted.


Grant Subject to the Following Conditions:-


That the development hereby permitted shall be started within five years of the date of this permission

Reason:To accord with the provisions of the Town and Country Planning(Scotland)Act 1997.

That the permissionfor the change of use to beer garden hereby granted relates only to the area of ground indicated as the beer garden on the approved plans and to no other area within the grounds of the public house.

Reason:To define the use of the land.

Background Papers:


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