THE owners of a Helensburgh restaurant and hotel will be unable to use decking at the rear of the premises after retrospective planning permission was refused.
Council chiefs have ruled that the decking at Riva, at 12 West Clyde Street, is “poorly designed” and “detrimental to the quality of the surrounding area”.
Members of the public had also raised concerns about the decking area blocking fire escapes, and that a nearby shop could no longer receive deliveries at the rear of its premises.
Five objections were received to a retrospective application for planning permission by Metro Inns and council officers have now decided to refuse.
An officer said in a handling report: “Concerns regarding servitudes and right of access across the site have been highlighted by objectors. This is a civil matter between parties and not a material planning consideration.
“However, the development restricts access to the rear of properties 6-11 West Clyde Street, by enclosing this corner of the alleyway for use by Riva staff.
“In restricting access through the site, through the presence of staff, placed furniture, and perceived barrier of the enclosed space, the development is unwelcoming and, in the event of an emergency, presents risk of harm to others should the structure impede egress through the site.
“Further, the restriction of access to the service way has the unintended consequence of moving waste collections and business deliveries onto the public pavement on West Clyde Street, which is in a prominent waterfront section of the Town Centre Conservation Area.
“In mitigation, a reduction in the height of the panel fencing will allow for more natural light to this corner of the alleyway, making the space more welcoming during daylight hours.
“A partial canopy may be acceptable to enable staff to take a break without getting wet in the rain. The application of a planning condition to prevent customer use may also help to mitigate potential amenity issues.
“However, the cumulative effect of poor design and siting, displacement of the service functions of the site to the public footpath, and restriction of access renders the development unacceptable.”
The officer concluded: “The raised decking restricts access to the alleyway for other users and creates an enclosed private space for Riva employees, to the detriment of local residents and businesses.
“The poor design and siting of this development presents unintended harms of obstructing access, displacing the service functions, and in the potential harm to residential amenity through noise and perceptions of safety is contrary to the aims of National Planning Framework 4 and Local Development Plan 2.
“It is therefore recommended that this application is refused.”
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