Plans for outdoor area at Bearsden restaurant granted

The application concerned the rear of the restaurant Massimo on Kirk Road.

In 2019, the business was given permission for a new function suite with an outdoor terrace area for customers on the east side of the building, but it was observed that during this development, a second terrace had been built on the north side.

This was the subject of a new planning application, which was refused by East Dunbartonshire Council on the grounds of noise impact on nearby homes.

A second application attempted to address the noise issue by including an acoustic barrier within the proposals.

However, this too was refused, and an appeal to the Scottish Government was also unsuccessful.

A third submission, this time including a noise impact assessment, was then made to the council’s planning department.

This was considered a material change to the mitigation proposals, so planning officers used their discretionary powers to treat this as a fresh application, as the previous lack of this document was highlighted in the Scottish Government’s dismissal of the appeal.

READ NEXT:

The proposals under consideration still include the previously considered acoustic fencing, with this made of timber and designed as part of the Jakoustic acoustic barrier system, secured by steel plates and posts.

The council’s environmental health service spoke with the applicant’s acoustic consultant and were satisfied that even if all customers in the outdoor area used loud voices simultaneously, this would increase ambient noise by just one decibel.

Additionally, the outdoor area would be strictly for a maximum of 24 customers seated at tables with no “vertical drinking” permitted, while the hours of use would be limited to 11am until 8pm, no amplified sound or music would be permitted, and a gate would be installed to prevent unauthorised access.

As councillors considered the application, planning convener Callum McNally (Labour, Lenzie & Kirkintilloch South) moved in line with the recommendations contained in the report, which were to grant planning permission subject to conditions.

He said that although there had been previous refusals for this application, he acknowledged the steps taken to rectify issues, such as the installation of acoustic fencing and the submission of a noise impact assessment.

Having also visited the site personally, and on the understanding that the outdoor area would be used purely as an extension of the dining area with limitations on its use no later than 8pm, he was content to grant the application.

READ NEXT:

Councillor Alan Reid (Liberal Democrats, Bearsden North) had tabled an amendment to refuse the application.

He said that this was the third retrospective application for this outdoor area, with two previous applications refused, with the applicant also having had an appeal against the second refusal dismissed on the grounds of noise impact.

Councillor Reid said the noise impact assessment assumed customers would be well-behaved and comply with conditions, including the ban on “vertical drinking”, but the proposed conditions did not cover other forms of noise.

He added that he believed the amount of noise generated would impact nearby residents when they were entitled to enjoy their back gardens in peace, and he was therefore asking the board to reject the application.

Following further debate, the subsequent vote resulted in the motion to grant receiving 12 votes versus three votes to refuse planning permission.

The application was therefore granted as per the report.