Plans to reposition a controversial kitchen ventilation flue at city takeaway premises have been lodged with Stirling Council.
It comes amid an almost two-year-long row between the operators of Black Rooster Peri Peri and ChurrosNChill on Borestone Road and their upstairs neighbours.
Don Ritchie and Carol Ann Marshall told the Observer in summer 2021 that their life had been turned upside down by the conversion of the Falcon Bar downstairs into the two fast food outlets which had been operating without planning permission.
The couple, who have lived in their flat since the 1990s, had pointed out that they are regularly disturbed by a loud rumbling sound from a large flue and customers shouting in the rear car park as well as cooking smells.
The location has since been the subject of two planning applications – one retrospective - both of which were refused.
Stirling Council started enforcement action early last year which the operators appealed against unsuccessfully.
It had been had argued in the appeal that the enforcement notice exceeded what is necessary to remedy any planning breach or injury to amenity.
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But Scottish Government Reporter Fortune Gumbo concluded that ‘the requirements to cease the use of the property as a restaurant/takeaway; removal of the flue from the building in its entirety, including fixtures and fittings; the removal of the tables and chairs from the outdoor area to the rear of the appeal property, are proportionate to remedying the breach’ and were not excessive.
Richard Wilmot/Briarfield have now submitted a fresh application for ‘use of part of public house as restaurant (class 3) with repositioning/replacement of kitchen ventilation flue and new rear condenser (trading hours 10.30am to 10.30pm, seven days per week.’
Asked in the application to explain why work had been carried out in advance of submitting the latest application, dated February, Mr Wilmot’s agent states: ‘[The] applicant was unaware that consent was required to use a public house for another form of catering.’
Upholding the enforcement notice in the determination of May 2022, Mr Gumbo had also stated that the [existing] flue, which has a different position and design to a previous one, was a new development.
He added: ‘This development requires planning permission and no such permission had been granted at the time the enforcement notice was issued.’
The Reporter further pointed out that while a kitchen may have been part of the former public house, it was ‘incidental’ to its primary use as a bar and continued: ‘In any event the [enforcement] notice does not require the use of the kitchen to cease in isolation, but is focused on the alleged unauthorised use of the appeal property as a whole.
‘The first requirement of the notice is clear and proportionate and goes to the heart of the allegation.
‘The cessation of the unauthorised use would simultaneously deal with the breach of planning control and injury to amenity set out in the reasons for issuing the enforcement notice. Therefore, this requirement is not excessive.’
Black Rooster franchise operator Richie Wilmot senior had previously told the Observer: “We want to make our neighbours’ lives as comfortable as possible, while at the same time our business continuing to trade.”
The Observer has since contacted Mr Wilmot for comment on the matter.
