A recording of our recent one day climate conference that coincided with CoP26
A recording of our recent one day climate conference that coincided with CoP26
Our formal objection to plans for further quasi-privatisation of part of Cockburn Street
Our formal objection to plans for further quasi-privatisation of part of Cockburn Street
The Cockburn objects to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the amenity of neighbouring residents and businesses; is poorly designed in the context of the specific location and negatively impacts on the character and appearance of the Conservation Area.
In particular, the attempt to create a level structural platform on a busy, congested, relatively narrow, sloping street generates most impacts. We note that existing businesses with pavement tables sit simply on the pavement surface suggesting that such level platforms are not necessary.
It is important to recognise that the impact on this location is potentially increased by other neighbouring businesses seeking to do the same. The cumulative impact of similar proposals needs to be considered first and foremost and whilst we accept that an individual applicant is only concerned with their proposal, the potential total impact is significantly greater on a streetscape level.
We set out our views in greater detail below.
General comments
The Cockburn has outlined general concerns about the proliferation of outdoor seating developments on numerous occasions but notes the context of Covid and Covid recovery for hospitality businesses. We continue to sympathise with businesses who have struggled during the enforced lockdown period. However, with the ongoing easing of Covid restrictions, the reasoning for such relaxation of licensing and planning restrictions is also diminishing. Where on-street out-door eating and drinking installations have already been put in place under a relaxation of planning restrictions, we understand that the temporary arrangement for such provisions is coming to an end.
We are not surprised that some traders wish to retain structures that are already in place and that other traders are coming forward with applications for entirely new structure. This increases the number of covers available and with the current uncertainty of Covid and government guidance, provides a basis for continued, safe operations.
Need for unified, design-led approach
Edinburgh Street Design Guidance is largely silent on these outdoor seating areas although many broader principles apply including the need to reduce street clutter and the importance of uncongested, clear from obstruction pedestrian zones.
The Cockburn believes that interventions into Edinburgh’s streetscape, especially within Conservation Areas across the city, must be unified (i.e., consistent across a wider area), design-led and developed in such a manner as to enhance the character of streets. It should not be left to individual businesses to create their own visions for the public realm. A revised and updated policy framework is required that takes on board all the City of Edinburgh’s Council’s pledges and commitments.
If outdoors seating extensions are to be acceptable, streets with site specific challenges like Cockburn Street with its sloping topography, busy footfalls and parking and servicing challenges require a bespoke solution which all proprietors would need to conform and which would need to respond to the total streetscape environment, not just what is outside a businesses’ door. The amenity and welling-being of residents must be respected.
Street Clutter
At a full meeting of the City of Edinburgh Council councillors recently reaffirmed their support for Transport for All’s Equal Pavements Pledge. This acknowledges that being able to move around the urban environment freely is a right that should be allowed to all those who live in, work in and visit Edinburgh, including those with complex needs. Outdoor furniture for al fresco dining has only further complicated the facilitation of free and unfettered access across the city.
We note the abolition of A-board across the city as an example of the Council’s commitment to free access.
Privatisation of public space
The Cockburn has frequently voiced its concern about the ongoing privatisation of public spaces across the city. We have spoken out against the trend of the City of Edinburgh Council increasingly using the city’s existing public spaces, parks and green spaces to raise funds, by making their land available to private companies who charge for ticketed events and restrict access to parks and green spaces for extended periods.
We are not against all use of public and quasi-public spaces, particularly parks and greenspaces, for events and associated activities. But such events and pop-ups for al fresco dining and drinking, including those on and in association with streets, must be assessed and open for review and comment within a relevant and up-to-date policy framework. Edinburgh lack such a policy framework currently.
Wider Amenity Impacts
We note that at recent meeting of the City of Edinburgh Council councillors agreed that the Council would write to the Scottish Government to ask for powers to deal with problems associated amplified busking and street entertainment across the city and to facilitate the engagement of residents who are concerned about related noise disturbances.
This suggests that the policy and practice framework relating to the consideration of noise from on-street eating and drinking installations is likely to be subject to change and be the subject of restriction in the near term, certainly that the Council is minded to take a more restrictive view of actions, activities and potential sources of street noise such as on-street eating and drinking facilities.
Assessment of outdoor seating against current LDP policies
Notwithstanding the comments above, it is our view the city’s current planning policy framework does not support on-street al fresco dining and drinking as uncoordinated individual planning applications.
Policy ENV 6 – Conservation Areas (Development) – Development within a conservation area or affecting its setting will be permitted which: a) preserves or enhances the special character or appearance of the conservation area and is consistent with the relevant conservation area character appraisal b) preserves trees, hedges, boundary walls, railings, paving and other features which contribute positively to the character of the area and c) demonstrates high standards of design and utilises materials appropriate to the historic environment.
Cockburn view – the use of timber decking material and the associated fencing undermines the character of the area and does damage to the visual integrity of the street. The attempt to create a level platform on a sloping surface further exacerbates this incongruity. We note that the existing “shop-side” tabling noted in the application simply places tables and chairs on the sloping pavement. The proposals fail to preserve the main feature within contributes to character of the area, namely to the sloping street and does not demonstrate a high standard of design.
Policy ENV18 Open Space Protection – Proposals involving the loss of open space will not be permitted unless it is demonstrated that: a) there will be no significant impact on the quality or character of the local environment and b) the open space is a small part of a larger area or of limited amenity or leisure value and there is a significant over-provision of open space serving the immediate area and c) the loss would not be detrimental to the wider network including its continuity or biodiversity value and either there will be a local benefit in allowing the development in terms of either alternative equivalent provision being made or improvement to an existing public park or other open space or e) the development is for a community purpose and the benefits to the local community outweigh the loss.
Cockburn view – Fundamentally, streets are open spaces with the city. The proposed use as an outdoor extension of a pub or restaurant is not public use, although we can appreciate the ambience and vibrancy that a café culture can bring to areas. This emphasises the need for a civic design plan that goes beyond the interests and boundaries of individual businesses.
Policy Del 2 City Centre – Development which lies within the area of the City Centre as shown on the Proposals Map will be permitted which retains and enhances its character, attractiveness, vitality, and accessibility and contributes to its role as a strategic business and regional
shopping centre and Edinburgh’s role as a capital city. The requirements in principle will be for:
Cockburn view – It is our view that none of the al fresco drinking and dining installations which have come forward in recent month and which continue to proliferate across the city centre can be said to maintain and enhance the character of the city centre. All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would add to the quality and character of the centre.
Policy Des 1 Design Quality and Context – Planning permission will be granted for development where it is demonstrated that the proposal will create or contribute towards a sense of place. Design should be based on an overall design concept that draws upon positive characteristics of the surrounding area. Planning permission will not be granted for poor quality or inappropriate design or for proposals that would be damaging to the character or appearance of the area around it, particularly where this has a special importance.
Cockburn view –All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would create or contribute towards a sense of place. It is not clear to us how any of the installations which we have seen coming forward actually achieve this. The positive additional character benefits from proposals should be clearly demonstrated.
Policy Des 5 Development Design – Amenity – Planning permission will be granted for development where it is demonstrated that:
Cockburn view – All al fresco drinking, and dining proposals should clearly demonstrate that they do not adversely impact upon the amenity of their neighbours. Residents and other local business must have their rights to amenity and well-being respected. Again, we highlight the Council’s expressed wish to curtain acoustic pollution and to facilitate the engagement of residents on this issue.
Policy Des 8 Public Realm and Landscape Design – Planning permission will be granted for development where all external spaces, and features, including streets, footpaths, civic spaces, green spaces boundary treatments and public art have been designed as an integral part of the scheme as a whole, and it has been demonstrated that:
Cockburn view –It is difficult to understand how potential negative impacts arising for proposed on-street installations can be mitigated or avoided in the absence of a relevant policy framework, monitoring regime and enforcement structure. Again, we highlight the Council’s commitment to providing safe, accessible streets and walkways for City residents, workers, and visitors.
Our formal objection to plans for further quasi-privatisation of part of Victoria Street
Our formal objection to plans for further quasi-privatisation of part of Victoria Street
The Cockburn objects to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the amenity of neighbouring residents and businesses; is poorly designed in the context of the specific location and negatively impacts on the character and appearance of the Conservation Area.
In particular, the attempt to create a level structural platform on a busy, congested, relatively narrow, sloping street generates most impacts. We note that existing businesses with pavement tables sit simply on the pavement surface suggesting that such level platforms are not necessary.
It is important to recognise that the impact on this location is potentially increased by other neighbouring businesses seeking to do the same. The cumulative impact of similar proposals needs to be considered first and foremost and whilst we accept that an individual applicant is only concerned with their proposal, the potential total impact is significantly greater on a streetscape level.
We set out our views in greater detail below.
General comments
The Cockburn has outlined general concerns about the proliferation of outdoor seating developments on numerous occasions but notes the context of Covid and Covid recovery for hospitality businesses. We continue to sympathise with businesses who have struggled during the enforced lockdown period. However, with the ongoing easing of Covid restrictions, the reasoning for such relaxation of licensing and planning restrictions is also diminishing. Where on-street out-door eating and drinking installations have already been put in place under a relaxation of planning restrictions, we understand that the temporary arrangement for such provisions is coming to an end.
We are not surprised that some traders wish to retain structures that are already in place and that other traders are coming forward with applications for entirely new structure. This increases the number of covers available and with the current uncertainty of Covid and government guidance, provides a basis for continued, safe operations.
Need for unified, design-led approach
Edinburgh Street Design Guidance is largely silent on these outdoor seating areas although many broader principles apply including the need to reduce street clutter and the importance of uncongested, clear from obstruction pedestrian zones.
The Cockburn believes that interventions into Edinburgh’s streetscape, especially within Conservation Areas across the city, must be unified (i.e., consistent across a wider area), design-led and developed in such a manner as to enhance the character of streets. It should not be left to individual businesses to create their own visions for the public realm. A revised and updated policy framework is required that takes on board all the City of Edinburgh’s Council’s pledges and commitments.
If outdoors seating extensions are to be acceptable, streets with site specific challenges like Victoria Street with its sloping topography, busy footfalls and parking and servicing challenges require a bespoke solution which all proprietors would need to conform and which would need to respond to the total streetscape environment, not just what is outside a businesses’ door. The amenity and welling-being of residents must be respected.
Street Clutter
At a full meeting of the City of Edinburgh Council councillors recently reaffirmed their support for Transport for All’s Equal Pavements Pledge. This acknowledges that being able to move around the urban environment freely is a right that should be allowed to all those who live in, work in and visit Edinburgh, including those with complex needs. Outdoor furniture for al fresco dining has only further complicated the facilitation of free and unfettered access across the city.
We note the abolition of A-board across the city as an example of the Council’s commitment to free access.
Privatisation of public space
The Cockburn has frequently voiced its concern about the ongoing privatisation of public spaces across the city. We have spoken out against the trend of the City of Edinburgh Council increasingly using the city’s existing public spaces, parks and green spaces to raise funds, by making their land available to private companies who charge for ticketed events and restrict access to parks and green spaces for extended periods.
We are not against all use of public and quasi-public spaces, particularly parks and greenspaces, for events and associated activities. But such events and pop-ups for al fresco dining and drinking, including those on and in association with streets, must be assessed and open for review and comment within a relevant and up-to-date policy framework. Edinburgh lack such a policy framework currently.
Wider Amenity Impacts
We note that at recent meeting of the City of Edinburgh Council councillors agreed that the Council would write to the Scottish Government to ask for powers to deal with problems associated amplified busking and street entertainment across the city and to facilitate the engagement of residents who are concerned about related noise disturbances.
This suggests that the policy and practice framework relating to the consideration of noise from on-street eating and drinking installations is likely to be subject to change and be the subject of restriction in the near term, certainly that the Council is minded to take an more restrictive view of actions, activities and potential sources of street noise such as on-street eating and drinking facilities.
Assessment of outdoor seating against current LDP policies
Notwithstanding the comments above, it is our view the city’s current planning policy framework does not support on-street al fresco dining and drinking as uncoordinated individual planning applications.
Policy ENV 6 – Conservation Areas (Development) – Development within a conservation area or affecting its setting will be permitted which: a) preserves or enhances the special character or appearance of the conservation area and is consistent with the relevant conservation area character appraisal b) preserves trees, hedges, boundary walls, railings, paving and other features which contribute positively to the character of the area and c) demonstrates high standards of design and utilises materials appropriate to the historic environment.
Cockburn view – the use of timber decking material and the associated fencing undermines the character of the area and does damage to the visual integrity of the street. The attempt to create a level platform on a sloping surface further exacerbates this incongruity. We note that the existing “shop-side” tabling noted in the application simply places tables and chairs on the sloping pavement. The proposals fail to preserve the main feature within contributes to character of the area, namely to the sloping street and does not demonstrate a high standard of design.
Policy ENV18 Open Space Protection – Proposals involving the loss of open space will not be permitted unless it is demonstrated that: a) there will be no significant impact on the quality or character of the local environment and b) the open space is a small part of a larger area or of limited amenity or leisure value and there is a significant over-provision of open space serving the immediate area and c) the loss would not be detrimental to the wider network including its continuity or biodiversity value and either there will be a local benefit in allowing the development in terms of either alternative equivalent provision being made or improvement to an existing public park or other open space or e) the development is for a community purpose and the benefits to the local community outweigh the loss.
Cockburn view – Fundamentally, streets are open spaces with the city. The proposed use as an outdoor extension of a pub or restaurant is not public use, although we can appreciate the ambience and vibrancy that a café culture can bring to areas. This emphasises the need for a civic design plan that goes beyond the interests and boundaries of individual businesses.
Policy Del 2 City Centre – Development which lies within the area of the City Centre as shown on the Proposals Map will be permitted which retains and enhances its character, attractiveness, vitality and accessibility and contributes to its role as a strategic business and regional
shopping centre and Edinburgh’s role as a capital city. The requirements in principle will be for:
Cockburn view – It is our view that none of the al fresco drinking and dining installations which have come forward in recent month and which continue to proliferate across the city centre can be said to maintain and enhance the character of the city centre. All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would add to the quality and character of the centre.
Policy Des 1 Design Quality and Context – Planning permission will be granted for development where it is demonstrated that the proposal will create or contribute towards a sense of place. Design should be based on an overall design concept that draws upon positive characteristics of the surrounding area. Planning permission will not be granted for poor quality or inappropriate design or for proposals that would be damaging to the character or appearance of the area around it, particularly where this has a special importance.
Cockburn view –All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would create or contribute towards a sense of place. It is not clear to us how any of the installations which we have seen coming forward actually achieve this. The positive additional character benefits from proposals should be clearly demonstrated.
Policy Des 5 Development Design – Amenity – Planning permission will be granted for development where it is demonstrated that:
Cockburn view – All al fresco drinking, and dining proposals should clearly demonstrate that they do not adversely impact upon the amenity of their neighbours. Residents and other local business must have their rights to amenity and well-being respected. Again, we highlight the Council’s expressed wish to curtain acoustic pollution and to facilitate the engagement of residents on this issue.
Policy Des 8 Public Realm and Landscape Design – Planning permission will be granted for development where all external spaces, and features, including streets, footpaths, civic spaces, green spaces boundary treatments and public art have been designed as an integral part of the scheme as a whole, and it has been demonstrated that:
Cockburn view – It is difficult to understand how potential negative impacts arising for proposed on-street installations can be mitigated or avoided in the absence of a relevant policy framework, monitoring regime and enforcement structure. Again, we highlight the Council’s commitment to providing safe, accessible streets and walkways for City residents, workers, and visitors.
Our formal objection to plans for further quasi-privatisation of part of Cockburn Street
Our formal objection to plans for further quasi-privatisation of part of Cockburn Street
The Cockburn objects to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the amenity of neighbouring residents and businesses; is poorly designed in the context of the specific location and negatively impacts on the character and appearance of the Conservation Area.
In particular, the attempt to create a level structural platform on a busy, congested, relatively narrow, sloping street generates most impacts. We note that existing businesses with pavement tables sit simply on the pavement surface suggesting that such level platforms are not necessary.
It is important to recognise that the impact on this location is potentially increased by other neighbouring businesses seeking to do the same. The cumulative impact of similar proposals needs to be considered first and foremost and whilst we accept that an individual applicant is only concerned with their proposal, the potential total impact is significantly greater on a streetscape level.
We set out our views in greater detail below.
General comments
The Cockburn has outlined general concerns about the proliferation of outdoor seating developments on numerous occasions but notes the context of Covid and Covid recovery for hospitality businesses. We continue to sympathise with businesses who have struggled during the enforced lockdown period. However, with the ongoing easing of Covid restrictions, the reasoning for such relaxation of licensing and planning restrictions is also diminishing. Where on-street out-door eating and drinking installations have already been put in place under a relaxation of planning restrictions, we understand that the temporary arrangement for such provisions is coming to an end.
We are not surprised that some traders wish to retain structures that are already in place and that other traders are coming forward with applications for entirely new structure. This increases the number of covers available and with the current uncertainty of Covid and government guidance, provides a basis for continued, safe operations.
Need for unified, design-led approach
Edinburgh Street Design Guidance is largely silent on these outdoor seating areas although many broader principles apply including the need to reduce street clutter and the importance of uncongested, clear from obstruction pedestrian zones.
The Cockburn believes that interventions into Edinburgh’s streetscape, especially within Conservation Areas across the city, must be unified (i.e., consistent across a wider area), design-led and developed in such a manner as to enhance the character of streets. It should not be left to individual businesses to create their own visions for the public realm. A revised and updated policy framework is required that takes on board all the City of Edinburgh’s Council’s pledges and commitments.
If outdoors seating extensions are to be acceptable, streets with site specific challenges like Cockburn Street with its sloping topography, busy footfalls and parking and servicing challenges require a bespoke solution which all proprietors would need to conform and which would need to respond to the total streetscape environment, not just what is outside a businesses’ door. The amenity and welling-being of residents must be respected.
Street Clutter
At a full meeting of the City of Edinburgh Council councillors recently reaffirmed their support for Transport for All’s Equal Pavements Pledge. This acknowledges that being able to move around the urban environment freely is a right that should be allowed to all those who live in, work in and visit Edinburgh, including those with complex needs. Outdoor furniture for al fresco dining has only further complicated the facilitation of free and unfettered access across the city.
We note the abolition of A-board across the city as an example of the Council’s commitment to free access.
Privatisation of public space
The Cockburn has frequently voiced its concern about the ongoing privatisation of public spaces across the city. We have spoken out against the trend of the City of Edinburgh Council increasingly using the city’s existing public spaces, parks and green spaces to raise funds, by making their land available to private companies who charge for ticketed events and restrict access to parks and green spaces for extended periods.
We are not against all use of public and quasi-public spaces, particularly parks and greenspaces, for events and associated activities. But such events and pop-ups for al fresco dining and drinking, including those on and in association with streets, must be assessed and open for review and comment within a relevant and up-to-date policy framework. Edinburgh lack such a policy framework currently.
Wider Amenity Impacts
We note that at recent meeting of the City of Edinburgh Council councillors agreed that the Council would write to the Scottish Government to ask for powers to deal with problems associated amplified busking and street entertainment across the city and to facilitate the engagement of residents who are concerned about related noise disturbances.
This suggests that the policy and practice framework relating to the consideration of noise from on-street eating and drinking installations is likely to be subject to change and be the subject of restriction in the near term, certainly that the Council is minded to take an more restrictive view of actions, activities and potential sources of street noise such as on-street eating and drinking facilities.
Assessment of outdoor seating against current LDP policies
Notwithstanding the comments above, it is our view the city’s current planning policy framework does not support on-street al fresco dining and drinking as uncoordinated individual planning applications.
Policy ENV 6 – Conservation Areas (Development) – Development within a conservation area or affecting its setting will be permitted which: a) preserves or enhances the special character or appearance of the conservation area and is consistent with the relevant conservation area character appraisal b) preserves trees, hedges, boundary walls, railings, paving and other features which contribute positively to the character of the area and c) demonstrates high standards of design and utilises materials appropriate to the historic environment.
Cockburn view – the use of timber decking material and the associated fencing undermines the character of the area and does damage to the visual integrity of the street. The attempt to create a level platform on a sloping surface further exacerbates this incongruity. We note that the existing “shop-side” tabling noted in the application simply places tables and chairs on the sloping pavement. The proposals fail to preserve the main feature within contributes to character of the area, namely to the sloping street and does not demonstrate a high standard of design.
Policy ENV18 Open Space Protection – Proposals involving the loss of open space will not be permitted unless it is demonstrated that: a) there will be no significant impact on the quality or character of the local environment and b) the open space is a small part of a larger area or of limited amenity or leisure value and there is a significant over-provision of open space serving the immediate area and c) the loss would not be detrimental to the wider network including its continuity or biodiversity value and either there will be a local benefit in allowing the development in terms of either alternative equivalent provision being made or improvement to an existing public park or other open space or e) the development is for a community purpose and the benefits to the local community outweigh the loss.
Cockburn view – Fundamentally, streets are open spaces with the city. The proposed use as an outdoor extension of a pub or restaurant is not public use, although we can appreciate the ambience and vibrancy that a café culture can bring to areas. This emphasises the need for a civic design plan that goes beyond the interests and boundaries of individual businesses.
Policy Del 2 City Centre – Development which lies within the area of the City Centre as shown on the Proposals Map will be permitted which retains and enhances its character, attractiveness, vitality and accessibility and contributes to its role as a strategic business and regional
shopping centre and Edinburgh’s role as a capital city. The requirements in principle will be for:
Cockburn view – It is our view that none of the al fresco drinking and dining installations which have come forward in recent month and which continue to proliferate across the city centre can be said to maintain and enhance the character of the city centre. All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would add to the quality and character of the centre.
Policy Des 1 Design Quality and Context – Planning permission will be granted for development where it is demonstrated that the proposal will create or contribute towards a sense of place. Design should be based on an overall design concept that draws upon positive characteristics of the surrounding area. Planning permission will not be granted for poor quality or inappropriate design or for proposals that would be damaging to the character or appearance of the area around it, particularly where this has a special importance.
Cockburn view –All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would create or contribute towards a sense of place. It is not clear to us how any of the installations which we have seen coming forward achieve this. The positive additional character benefits from proposals should be clearly demonstrated.
Policy Des 5 Development Design – Amenity – Planning permission will be granted for development where it is demonstrated that:
Cockburn view – All al fresco drinking, and dining proposals should clearly demonstrate that they do not adversely impact upon the amenity of their neighbours. Residents and other local business must have their rights to amenity and well-being respected. Again, we highlight the Council’s expressed wish to curtain acoustic pollution and to facilitate the engagement of residents on this issue.
Policy Des 8 Public Realm and Landscape Design – Planning permission will be granted for development where all external spaces, and features, including streets, footpaths, civic spaces, green spaces boundary treatments and public art have been designed as an integral part of the scheme as a whole, and it has been demonstrated that:
Cockburn view – It is difficult to understand how potential negative impacts arising for proposed on-street installations can be mitigated or avoided in the absence of a relevant policy framework, monitoring regime and enforcement structure. Again, we highlight the Council’s commitment to providing safe, accessible streets and walkways for City residents, workers, and visitors.
Our formal objection to plans for further quasi-privatisation of part of Cockburn Street
Our formal objection to plans for further quasi-privatisation of part of Cockburn Street
The Cockburn objects to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the amenity of neighbouring residents and businesses; is poorly designed in the context of the specific location and negatively impacts on the character and appearance of the Conservation Area.
In particular, the attempt to create a level structural platform on a busy, congested, relatively narrow, sloping street generates most impacts. We note that existing businesses with pavement tables sit simply on the pavement surface suggesting that such level platforms are not necessary.
It is important to recognise that the impact on this location is potentially increased by other neighbouring businesses seeking to do the same. The cumulative impact of similar proposals needs to be considered first and foremost and whilst we accept that an individual applicant is only concerned with their proposal, the potential total impact is significantly greater on a streetscape level.
We set out our views in greater detail below.
General comments
The Cockburn has outlined general concerns about the proliferation of outdoor seating developments on numerous occasions but notes the context of Covid and Covid recovery for hospitality businesses. We continue to sympathise with businesses who have struggled during the enforced lockdown period. However, with the ongoing easing of Covid restrictions, the reasoning for such relaxation of licensing and planning restrictions is also diminishing. Where on-street out-door eating and drinking installations have already been put in place under a relaxation of planning restrictions, we understand that the temporary arrangement for such provisions is coming to an end.
We are not surprised that some traders wish to retain structures that are already in place and that other traders are coming forward with applications for entirely new structure. This increases the number of covers available and with the current uncertainty of Covid and government guidance, provides a basis for continued, safe operations.
Need for unified, design-led approach
Edinburgh Street Design Guidance is largely silent on these outdoor seating areas although many broader principles apply including the need to reduce street clutter and the importance of uncongested, clear from obstruction pedestrian zones.
The Cockburn believes that interventions into Edinburgh’s streetscape, especially within Conservation Areas across the city, must be unified (i.e., consistent across a wider area), design-led and developed in such a manner as to enhance the character of streets. It should not be left to individual businesses to create their own visions for the public realm. A revised and updated policy framework is required that takes on board all the City of Edinburgh’s Council’s pledges and commitments.
If outdoors seating extensions are to be acceptable, streets with site specific challenges like Cockburn Street with its sloping topography, busy footfalls and parking and servicing challenges require a bespoke solution which all proprietors would need to conform and which would need to respond to the total streetscape environment, not just what is outside a businesses’ door. The amenity and welling-being of residents must be respected.
Street Clutter
At a full meeting of the City of Edinburgh Council councillors recently reaffirmed their support for Transport for All’s Equal Pavements Pledge. This acknowledges that being able to move around the urban environment freely is a right that should be allowed to all those who live in, work in and visit Edinburgh, including those with complex needs. Outdoor furniture for al fresco dining has only further complicated the facilitation of free and unfettered access across the city.
We note the abolition of A-board across the city as an example of the Council’s commitment to free access.
Privatisation of public space
The Cockburn has frequently voiced its concern about the ongoing privatisation of public spaces across the city. We have spoken out against the trend of the City of Edinburgh Council increasingly using the city’s existing public spaces, parks and green spaces to raise funds, by making their land available to private companies who charge for ticketed events and restrict access to parks and green spaces for extended periods.
We are not against all use of public and quasi-public spaces, particularly parks and greenspaces, for events and associated activities. But such events and pop-ups for al fresco dining and drinking, including those on and in association with streets, must be assessed and open for review and comment within a relevant and up-to-date policy framework. Edinburgh lack such a policy framework currently.
Wider Amenity Impacts
We note that at recent meeting of the City of Edinburgh Council councillors agreed that the Council would write to the Scottish Government to ask for powers to deal with problems associated amplified busking and street entertainment across the city and to facilitate the engagement of residents who are concerned about related noise disturbances.
This suggests that the policy and practice framework relating to the consideration of noise from on-street eating and drinking installations is likely to be subject to change and be the subject of restriction in the near term, certainly that the Council is minded to take an more restrictive view of actions, activities and potential sources of street noise such as on-street eating and drinking facilities.
Assessment of outdoor seating against current LDP policies
Notwithstanding the comments above, it is our view the city’s current planning policy framework does not support on-street al fresco dining and drinking as uncoordinated individual planning applications.
Policy ENV 6 – Conservation Areas (Development) – Development within a conservation area or affecting its setting will be permitted which: a) preserves or enhances the special character or appearance of the conservation area and is consistent with the relevant conservation area character appraisal b) preserves trees, hedges, boundary walls, railings, paving and other features which contribute positively to the character of the area and c) demonstrates high standards of design and utilises materials appropriate to the historic environment.
Cockburn view – the use of timber decking material and the associated fencing undermines the character of the area and does damage to the visual integrity of the street. The attempt to create a level platform on a sloping surface further exacerbates this incongruity. We note that the existing “shop-side” tabling noted in the application simply places tables and chairs on the sloping pavement. The proposals fail to preserve the main feature within contributes to character of the area, namely to the sloping street and does not demonstrate a high standard of design.
Policy ENV18 Open Space Protection – Proposals involving the loss of open space will not be permitted unless it is demonstrated that: a) there will be no significant impact on the quality or character of the local environment and b) the open space is a small part of a larger area or of limited amenity or leisure value and there is a significant over-provision of open space serving the immediate area and c) the loss would not be detrimental to the wider network including its continuity or biodiversity value and either there will be a local benefit in allowing the development in terms of either alternative equivalent provision being made or improvement to an existing public park or other open space or e) the development is for a community purpose and the benefits to the local community outweigh the loss.
Cockburn view – Fundamentally, streets are open spaces with the city. The proposed use as an outdoor extension of a pub or restaurant is not public use, although we can appreciate the ambience and vibrancy that a café culture can bring to areas. This emphasises the need for a civic design plan that goes beyond the interests and boundaries of individual businesses.
Policy Del 2 City Centre – Development which lies within the area of the City Centre as shown on the Proposals Map will be permitted which retains and enhances its character, attractiveness, vitality, and accessibility and contributes to its role as a strategic business and regional
shopping centre and Edinburgh’s role as a capital city. The requirements in principle will be for:
Cockburn view – It is our view that none of the al fresco drinking and dining installations which have come forward in recent month and which continue to proliferate across the city centre can be said to maintain and enhance the character of the city centre. All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would add to the quality and character of the centre.
Policy Des 1 Design Quality and Context – Planning permission will be granted for development where it is demonstrated that the proposal will create or contribute towards a sense of place. Design should be based on an overall design concept that draws upon positive characteristics of the surrounding area. Planning permission will not be granted for poor quality or inappropriate design or for proposals that would be damaging to the character or appearance of the area around it, particularly where this has a special importance.
Cockburn view –All applications coming forward should clearly demonstrate how, if granted planning permission, their proposed installations would create or contribute towards a sense of place. It is not clear to us how any of the installations which we have seen coming forward actually achieve this. The positive additional character benefits from proposals should be clearly demonstrated.
Policy Des 5 Development Design – Amenity – Planning permission will be granted for development where it is demonstrated that:
Cockburn view – All al-fresco drinking, and dining proposals should clearly demonstrate that they do not adversely impact upon the amenity of their neighbours. Residents and other local business must have their rights to amenity and well-being respected. Again, we highlight the Council’s expressed wish to curtain acoustic pollution and to facilitate the engagement of residents on this issue.
Policy Des 8 Public Realm and Landscape Design – Planning permission will be granted for development where all external spaces, and features, including streets, footpaths, civic spaces, green spaces boundary treatments and public art have been designed as an integral part of the scheme as a whole, and it has been demonstrated that:
Cockburn view – It is difficult to understand how potential negative impacts arising for proposed on-street installations can be mitigated or avoided in the absence of a relevant policy framework, monitoring regime and enforcement structure. Again, we highlight the Council’s commitment to providing safe, accessible streets and walkways for City residents, workers, and visitors.
Our supportive comment on planning application to create a new community garden on part of the site of the former Tyncastle High School grounds
Our supportive comment on planning application to create a new community garden on part of the site of the former Tyncastle High School grounds
The Cockburn SUPPORTS this application. The creation of an extensive community garden will greatly add to making the reuse and regeneration of the former Tynecastle high School site a success.
It will provide and facilitate opportunities for LOVE Gorgie Farm to work with new and existing local residents in a variety environmental programmes based around the proposed community garden with its associated planting beds, a shelter, storage space and greenhouses.
The proposal has the potential to support and encourage old and new generations in the community in creating a more sustainable and climate-ready neighbourhood and to be a model of good practice that can be replicated elsewhere across the city in furtherance of the city climate costs and in support of the recommendations in the Civic Charter of the Scottish Climate Assembly which is supported by the City of Edinburgh Council.
Our submitted comments on a planned commercial venture that has already been built in St James Square before the permission deadline has event passed
Our submitted comments on a planned commercial venture that has already been built in St James Square before the permission deadline has event passed
NEUTRAL COMMENT
The Cockburn Association is concerned that this proposed temporary ‘alpine’ village of 12 party shacks in St James Square, behind the new St James shopping centre, has already been built in advance of the deadline for planning comments on the related planning application on the Edinburgh Planning Portal.
In effect, residents and stakeholders in the City of Edinburgh have been denied any meaningful opportunity to comment on this application and to have their comments duly considered with the expectation that, if deemed appropriate, this application will be approved, rejected or modified to reflect relevant or legitimate comments expressed.
The fact that this installation has been built before a planning decision has been made can only undermine the legitimacy of the planning process in Edinburgh and this practice must not be allowed to continue going forward. Such ‘pop-up’ food and drink installations are becoming more prevalent in public and quasi-public spaces and places across the city at all times of the year. Appropriate and meaningful consideration of their wider impacts to residents and to all those who use and benefit from public spaces must be provided by the City of Edinburgh Council. This does not appear to be happening at present.
Regarding the specifics of this application. It is the Cockburn’s view that planning permission must only be awarded, if it is awarded, for one year.
A full monitoring scheme must be put in place. And this should certainly include an assessment of its acoustic impacts undertaken under the guidance of a suitably qualified acoustic engineer. Directly related to this, we note that the council is to write to the Scottish Government to ask for powers to deal with problems associated amplified busking and street entertainment across the city and to facilitate the engagement of residents who are concerned about related noise disturbances. This suggest that the policy and practice framework relating to the consideration of noise from all aspects of street entertainment is likely to be subject to change and restriction in the near term, certainly before the 2022 Christmas season.
Our statement of support for the City of Edinburgh Council’s proposed city-wide Short-term Let Control Area
Our statement of support for the City of Edinburgh Council’s proposed city-wide Short-term Let Control Area
We fully support the City of Edinburgh Council’s Short-term let Control Area (STLCA) proposals.
The purpose of the STLCA as set down in section 17 of the Planning (Scotland) Act 2019 is to allow local planning authorities to manage short-term letting if “the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use of the dwellinghouse” and provided the property is not a Private Residential Tenancy or the property in whole or in part is the only or principal residence of the landlord or occupier.
The proposed Control Area covers the entire City Council area. Both the “Short-term Let Control Area – Statement of Reasons” and the associated “Background Report” set out comprehensively why such a designation is necessary. These explain the three objectives underpinning the STLCA proposal:
The Cockburn supports all these objectives and welcomes the city-wide approach. Our response to the consultation is simple and straightforward.
When asked if we agree with the proposed designation, we said:
The Cockburn Association agrees with the reasons as set out in the Council’s Short-term let control area for Edinburgh; Statements of Reasons, which provides a comprehensive set of arguments in support of the designation of a STL Control Area. There is no question that Edinburgh has one of the greatest densities of STL in Scotland, with over 30% of all Airbnbs listed being in the city. In relative terms, it also has one of the highest densities of any city.
When asked if we support the city-wide approach, we said:
The reasons for a Council-area wide designation are comprehensive and reasonable. Almost no ward has no holiday lets in it, and it is essential that any designation does not simply displace issues with Short-term lets (STLs) from one street onto another. We can see some merit in several areas being designated (providing whole authority coverage) as there may be different issues that need to be managed. For example, flats in common stairs present different issues so different policies might be useful for tenement areas, colony developments and for bungalow areas. However, this would add unnecessary complication.
In 1854 an inventory of Mary Queen of Scots’ rich collection of jewellery, annotated in her handwriting with bequests to her relatives and courtiers, was discovered in General Register House. This talk will look at the contents of the inventory and what it says about Mary’ style during her personal reign and the personal networks she valued and relied on. …
A Scottish Parliamentary Committee consultation on short-term lets closes soon. The STL industry is encouraging its stakeholders to comment, we’re keen that local residents also have their say.
A Scottish Parliamentary Committee consultation on short-term lets closes soon. The STL industry is encouraging its stakeholders to comment, we’re keen that local residents also have their say.
