Commercial Hospitality Space at 119 High Street

Posted on: December 16, 2021

Our comments objecting to an application to erect a permanent commercial hospitality space on the Common Good land of the High Street.

Our comments objecting to an application to erect a permanent commercial hospitality space on the Common Good land of the High Street.

Cockburn Response

The Cockburn has considered this application and would wish to OBJECT to it on the grounds that it would involve the quasi-privatisation of public urban space; would affect the wider 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.

We have no objection to the current tabling licensing system in place, whereby a small number of tables are placed discretely beside the operator’s premises.  Licensing conditions require tables and chairs to be removed each evening, restoring the area back to unfettered public use.  This flexible and temporary system works well.

Our concern lies with the erection of a PERMANENT structure, which would effectively privatise a portion of the Common Good land in Edinburgh’s High Street.

It is also important to recognise the likely cumulative impacts of this application if other neighbouring businesses seek to do the same in front of each of their properties too.

A senior Council officer recently reported their concerns about these structures to the Council’s Regulatory Committee (2 Dec 2021). This officer suggested that some of these permanent trading areas could potentially start “limiting the ability to stage” certain civic and cultural activities and events in the city.

The officer went further, noting that once granted a permanent license to operate these new trading areas, “the license holder would have protections” that “exposes the council to the risk of legal challenge” if the local authority requested the business owner to remove the structure and cease trading there.

We set out our own concerns about this type of commercial development in greater detail below.

Overall context – The Cockburn has outlined its general concerns about the unregulated proliferation of outdoor seating developments on numerous occasions while also noting the context of COVID and COVID recovery for hospitality businesses.

We continue to sympathise with businesses that have struggled during the periods of prolonged lockdown, unexpected social distancing and other necessary public health measures. We are not surprised that some traders now hope to permanently retain structures that were put in place temporarily and that other traders are coming forward with applications for entirely new structures.

These newly built ad hoc decks, gazebos and sheds significantly expand each premise’s trading area and, with the current uncertainty over the rapid spread of COVID variants, provide a timely extension to existing indoor operations, in addition to any previously licensed outdoor seating.

We accept TEMPORARY spatial and regulatory extensions to existing licensing footprints that keep businesses trading and the public safe. However we are opposed to PERMANENT planning permissions being granted for ad hoc BUILT structures that:

  • Permanently alter access rights to and other existing uses of public lands,
  • Potentially impact pedestrian movement through the streetscape,
  • Radically alter the character of conservation areas,
  • Negatively affect residential amenity,
  • Potentially inhibit access for necessary service and emergency vehicles.

Need for unified, design-led approach – Being a novel introduction to the city’s streetscape, 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.

Street Clutter – At a recent meeting of the City of Edinburgh Council, Councillors 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 seating areas such as that proposed here complicates the facilitation of free and unfettered access across the city.

We note the abolition of A-boards across the city as an example of the Council’s commitment to unimpeded pedestrian access.

Privatisation/Appropriation of public space – The Cockburn has frequently voices concerns 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 and regulatory 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.

We have no objections to the current table licensing arrangements that require their removal at the end of each trading period, partly in order to reduce potential negative impacts on nearby residents. Permanent structures that provide 24 hour cover and seating facilities, however unintentionally, are already causing repeated anti-social problems for central Edinburgh residents as these structures become gathering places for after-hours drinking and eating, once business owners have long-since locked up and headed home. This will only increase in the spring and summer months.

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.

In our view, the proposals are not consistent with Policy ENV 6 – Conservation Areas (Development), Policy ENV18 Open Space Protection, Policy Del 2 City Centre – Development, Policy Des 1 Design Quality, Policy Des 5 Development Design – Amenity,  and Policy Des 8 Public Realm and Landscape Design.

Application for change of use in Grassmarket

Posted on: December 15, 2021

Our objection to a proposal to introduce a new leisure and bar operation in the Grassmarket which we believe will negatively impact the amenity of local residents

Our objection to a proposal to introduce a new leisure and bar operation in the Grassmarket which we believe will negatively impact the amenity of local residents

Cockburn Response

The Association has been approached by a number of members and stakeholders about this development.  We note that a similar scheme in 2019 had been withdrawn.

The Grassmarket is an area of the city that has been subject to intense pressures from the tourism/hospitality sector for some.  It is essential, therefore, that any proposed Change of Use and development scheme be considered in the context of the cumulative impact on local residents.

These pressures have been so significant that the viability of the Grassmarket as a residential community could be seen to be under threat.

The property has a long history of retail of use.  We appreciate the challenges in marketing such premises during a global pandemic and note that it has been available since February 2019.  Nevertheless, we believe that a change from Class 1 to Classes 3 & 11 as proposed on the grounds that would affect the amenity and to an extent the viability of the Grassmarket as a mixed community.  In addition, it would create additional late evening footfall, adding to existing noise and intrusion in the area.  In this, 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

Policy Hou 7 Inappropriate Uses in Residential Areas – states that developments, including changes of use, which would have a materially detrimental effect on the living conditions of nearby residents, will not be permitted. It notes that the intention of the policy is firstly, to preclude the introduction or intensification of non-residential uses incompatible with predominantly residential areas and secondly, to prevent any further deterioration in living conditions in more mixed-use areas which nevertheless have important residential functions.  We believe that this proposal is inconsistent with this policy.

The proposed City Plan 2030 proposes new policies aimed at protecting residential amenity.  These reinforce HOU7 and might be considered a material consideration.

As such, we feel that the proposals are inconsistent with Policy Des 5 Development Design – Amenity in that it fails to meet the first criteria namely “the amenity of neighbouring developments is not adversely affected and that future occupiers have acceptable levels of amenity in relation to noise, daylight, sunlight, privacy or immediate outlook.”

In summary, whilst we appreciate the challenges in marketing retail premises during a pandemic, the intensification hospitality and leisure developments in the Grassmarket will have a negative impact on residents and would result in further deterioration of living conditions.

The Cockburn, therefore, OBJECTS to this application.

Commercial Hospitality Space at 23 Elm Row

Posted on: December 7, 2021

Our comments objecting to a proposal to erect a wooden gazebo structure and decked area on the public footpath at Elm Row.

Our comments objecting to a proposal to erect a wooden gazebo structure and decked area on the public footpath at Elm Row.

Cockburn Response

The Cockburn has considered this application and would wish to OBJECT to it on the grounds that it would involve the quasi-privatisation of public urban space; would affect the wider 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. 

We have no objection to the current tabling licensing system in place, whereby a small number of tables are placed discretely beside the operator’s premises.  Licensing conditions require tables and chairs to be removed each evening, restoring the area back to unfettered public use.  This flexible and temporary system works well. 

Our concern lies with the erection of a permanent structure, which would effectively privatise in the region of two-thirds of the current public space available to this business into its control.

It is important to recognise that the possible cumulative impact if other neighbouring businesses seeking to do the same. 

We set out our general and detailed views on this type of development in greater detail below.

Overall context – 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. 

Street Clutter – At a recent meeting of the City of Edinburgh Council, Councillors 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 seating areas such as that proposed here complicates 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/Appropriation 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.   

In our view, the proposals are not consistent with  Policy ENV 6 – Conservation Areas (Development), Policy ENV18 Open Space Protection, Policy Del 2 City Centre – Development, Policy Des 1 Design Quality, Policy Des 5 Development Design – Amenity,  and Policy Des 8 Public Realm and Landscape Design.

For completeness, we have no objections to the current table licensing arrangements subject to the adherence of the guidelines associated with any specific licencing conditions. 

Commercial Hospitality Space at 45 Cockburn Street

Posted on:

Our comments on an application seeking to permit construction of a private commercial structure on publicly-owned Common Good land

Our comments on an application seeking to permit construction of a private commercial structure on publicly-owned Common Good land

Cockburn Response

The Cockburn OBJECTS to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the wider 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. 

The platform area extends into the existing street making access to service vehicles and pedestrians complex and difficult. The existing table licensing area (to which we have no objection) compounds this issue, making the pavement narrow, affecting pedestrian flow.  We also note that the development, which has been erected, has timber panels erected to the height of the roof, meaning that the drawings do not reflect what has actually been built.

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 general and detailed views on this type of development in greater detail below.

Overall context – 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. 

 Existing tabling licensed areas – We have no objection to the current tabling licensing system in place, whereby a small number of tables are placed discretely beside the operator’s premises.  The addition of a separate platform placed apart from the licensed area causes additional concerns with the need for service staff to cross through pedestrian areas to service the extension.  In some instances, especially where the separating space is small, this creates not along a significant impediment to pedestrian flow but creates a psychological barrier as well, suggesting that the public are crossing an area of semi-private space.  

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/Appropriation 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 creation is enclosures with associated fences undermines the open character of the High Street, the historic marketplace for the city. 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:
a) comprehensively designed proposals which maximise the potential of the site in accordance with any relevant development principles, development brief and/or other guidance
b) a use or a mix of uses appropriate to the location of the site, its accessibility characteristics and the character of the surrounding area.
c) Where practicable, major mixed-use developments should provide offices, particularly on upper floors. At street level, other uses may be more appropriate to maintain city centre diversity, especially retail vitality on important shopping frontages.
d) the creation of new civic spaces and traffic-free pedestrian routes where achievable.

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:
a) the amenity of neighbouring developments is not adversely affected and that future occupiers have acceptable levels of amenity in relation to noise, daylight, sunlight, privacy or immediate outlook.
b) the design will facilitate adaptability in the future to the needs of different occupiers, and in appropriate locations will promote opportunities for mixed uses.
c) community security will be promoted by providing active frontages to more important thoroughfares and designing for natural surveillance over all footpaths and open areas.
d) a clear distinction is made between public and private spaces, with the latter provided in enclosed or defensible forms.
e) refuse and recycling facilities, cycle storage, low and zero carbon technology, telecommunications equipment, plant and services have been sensitively integrated into the design.

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:
a) the design and the materials to be used are appropriate for their intended purpose, to the use and character of the area generally, especially where this has a special interest or importance.
b) the different elements of paving, landscaping and street furniture are coordinated to avoid a sense of clutter, and in larger schemes design and provision will be coordinated over different phases of a development.
c) particular consideration has been given, if appropriate, to the planting of trees to provide a setting for buildings, boundaries and roadsides and create a robust landscape structure.
d) a satisfactory scheme of maintenance will be put in place.

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. 

Commercial Hospitality Space at 34 Cockburn Street

Posted on:

Our comments on an application seeking to permit construction of a private commercial structure on publicly-owned Common Good land

Our comments on an application seeking to permit construction of a private commercial structure on publicly-owned Common Good land

Cockburn Response

The Cockburn OBJECTS to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the wider 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. 

The platform area extends into the existing street making access to service vehicles and pedestrians complex and difficult. The existing table licensing area (to which we have no objection) compounds this issue, making the pavement narrow, affecting pedestrian flow.  We also note that the development, which has been erected, has timber panels erected to the height of the roof, meaning that the drawings do not reflect what has actually been built. 

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 general and detailed views on this type of development in greater detail below.

Overall context – 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. 

Existing tabling licensed areas – We have no objection to the current tabling licensing system in place, whereby a small number of tables are placed discretely beside the operator’s premises.  The addition of a separate platform placed apart from the licensed area causes additional concerns with the need for service staff to cross through pedestrian areas to service the extension.  In some instances, especially where the separating space is small, this creates not along a significant impediment to pedestrian flow but creates a psychological barrier as well, suggesting that the public are crossing an area of semi-private space.  

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-boards across the city as an example of the Council’s commitment to free access.

Privatisation/Appropriation 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 creation is enclosures with associated fences undermines the open character of the High Street, the historic marketplace for the city. 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:

a) comprehensively designed proposals which maximise the potential of the site in accordance with any relevant development principles, development brief and/or other guidance
b) a use or a mix of uses appropriate to the location of the site, its accessibility characteristics and the character of the surrounding area.
c) Where practicable, major mixed-use developments should provide offices, particularly on upper floors. At street level, other uses may be more appropriate to maintain city centre diversity, especially retail vitality on important shopping frontages.
d) the creation of new civic spaces and traffic-free pedestrian routes where achievable.

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:
a) the amenity of neighbouring developments is not adversely affected and that future occupiers have acceptable levels of amenity in relation to noise, daylight, sunlight, privacy or immediate outlook.
b) the design will facilitate adaptability in the future to the needs of different occupiers, and in appropriate locations will promote opportunities for mixed uses.
c) community security will be promoted by providing active frontages to more important thoroughfares and designing for natural surveillance over all footpaths and open areas.
d) a clear distinction is made between public and private spaces, with the latter provided in enclosed or defensible forms.
e) refuse and recycling facilities, cycle storage, low and zero carbon technology, telecommunications equipment, plant and services have been sensitively integrated into the design.

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:
a) the design and the materials to be used are appropriate for their intended purpose, to the use and character of the area generally, especially where this has a special interest or importance.
b) the different elements of paving, landscaping and street furniture are coordinated to avoid a sense of clutter, and in larger schemes design and provision will be coordinated over different phases of a development.
c) particular consideration has been given, if appropriate, to the planting of trees to provide a setting for buildings, boundaries and roadsides and create a robust landscape structure.
d) a satisfactory scheme of maintenance will be put in place.

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. 

New burn and wet meadow at Cammo Estate

Posted on: December 6, 2021

Our supportive comments for a de-culverting project to create a new burn and wet meadow at Cammo

Our supportive comments for a de-culverting project to create a new burn and wet meadow at Cammo

Cockburn Response

The Cockburn Association SUPPORTS this application for the creation of a new burn section and a wet meadow with a boardwalk on the Cammo Estate.

Similar projects at Inverleith, Figgate and Lochend Parks, and at many other sites around Scotland, have already  resulted in the low cost and sustainable delivery of multiple social and environmental benefits and it is highly likely that this proposed project for Cammo will be equally beneficial.

Such projects represent of deliverable, popular and low maintenance solutions to the growing imperatives of sustaining the city’s biodiversity, adapting to a changing local climate and to the mitigation of carbon emissions.

Tenement infill proposal at 6 Bangholm Terrace

Posted on: December 2, 2021

Our submitted comments on an inappropriate proposal for a highly constrained, tenement-bound site in Inverleith

Our submitted comments on an inappropriate proposal for a highly constrained, tenement-bound site in Inverleith

Cockburn Response

The Cockburn Association OBJECTS to this application.

We do not consider that this proposal is appropriate or that this site, given the many relevant constraints, represents a valid development opportunity.

The proposed development is clearly inconsistent with the character of the adjacent tenement buildings and with the general character, form and pattern of residential properties in the Conservation Area as a whole.  On similar sites, a tall, modern  tenement infill might have been anticipated and could have been acceptable. However, in this situation,  it seems clear from the design of the adjacent tenements on Bangholm Terrace that this gap site is an intentional part of the building and street design and that it should not be interpreted as an opportunity for residential  or development infill. Moreover, the limited available project footprint indicates that a large, more ambitious scheme is simply not possible on this site, even if it were viewed as desirable.

Importantly, the existing ‘gap’ between the tenements on Bangholm Terrace affords light and air to the gable end windows of many  principal rooms of flats in the existing residential blocks and to the shared garden areas beyond.  Any development that detracts from these essential amenities and  resources should not be approved.   The loss of light, fresh air and any decrease in privacy for existing residents may be felt most acutely by residents on the lower levels of the existing blocks.   But the development, if permitted, will detract from the amenity and wellbeing of all existing residents with gable end windows and  shared garden access.

The following policies are of relevance to the consideration of this application:

  • Policy Des 1 Design Quality and Context Planning permission should not be granted for this proposal as it  would negatively impact on the character and appearance of the Conservation Area.
  • Policy Des 4 Development Design – Impact on Setting (specifically aspects (a), (b) and (c)) Fails to demonstrate a positive impact on its surroundings, including the character of the wider townscape and landscape, and impact on existing views a) inappropriate height and form in relation to surrounding b) scale and proportions fail to respect those of adjacent properties / entire street c) site inappropriate for accommodating a building Policy Env 3 Listed Buildings – Setting Proposal would be detrimental to the architectural character, appearance, and historic interest of the setting of a group of 10No. Category B Listed Buildings situated opposite the entrance to Bangholm Terrace.
  • Policy Des 5 Development Design – Amenity which states that “Planning permission will be granted for development where it is demonstrated that: a) the amenity of neighbouring developments is not adversely affected and that future occupiers have acceptable levels of amenity in relation to noise, daylight, sunlight, privacy or immediate outlook.
  • Policy Env 6 Conservation Areas – Development a) Fails to preserve or enhance the special character or appearance of Inverleith Conservation Area or to be consistent with the Inverleith Conservation Area Character Appraisal. b) Does not preserve the boundary wall which in its current form contributes positively to the character of the area. c) Does not demonstrate high standards of design as outlined in objection above.

“Ski Grotto” installation at 34A North Castle Street

Posted on: November 26, 2021

We have submitted an objection to this wooden installation that has already been erected prior to the planning permission being considered let alone granted

We have submitted an objection to this wooden installation that has already been erected prior to the planning permission being considered let alone granted

Cockburn Response

The Cockburn Association OBJECTS to this application which proposed the constriction of a temporary “Ski Grotto” directly at the base of a B listed building in the heart of Edinburgh’s historic New Town, within the New Town Conservation Area and the World Heritage Site.

The City of Edinburgh Council’s  guidance of Listed Buildings and Conservation s areas make clear the importance of protecting the special interest of listed buildings.  And it is clear that unsympathetic alterations to listed buildings are unlikely to be approved.

This proposal can in no sense be deemed sympathetic to its listed building  setting or to the wider context of the New Town Conservation Area and World  Heritage Site and so should not be approved.

We note that very similar applications on this site have been the subject of planning enforcement action in the past and we see no mitigating circumstances to justify the approval of the current applications at this time.

Although this is an application for a temporary structure, if approved it will nevertheless be in place for an extended period of a busy and popular time in the winter  session and, as such, will potentially negatively impact of the cultural  experience of large numbers of resident and visitors to the city centre over the Festive Period.

Retrospective permission for uPVC windows at 77 Marchmont Road

Posted on: November 25, 2021

Our comments on application for retrospective permission for already installed uPVC windows in a designated Conservation Area

Our comments on application for retrospective permission for already installed uPVC windows in a designated Conservation Area

Cockburn Response

The Cockburn Association OBJECTS to this retrospective planning application submitted in respect of  windows in a B-listed building within the Marchmont, Meadows and Bruntsfield Conservation Area.

The use of uPVC in this situation is very clearly contrary to the council own guidance on the use of uPVC in listed buildings and conservation areas and should not be permitted.

If planning permission is granted.  The Council’s policies will be effectively nullified and it may prove impossible going forward to object to uPVC replacement windows in other similar situations relating to Conservation Areas and Listed Buildings.

Key guidance includes:

  • ‘Listed Buildings & Conservation Areas Updated Feb 2019’ pages 13, 24, 25: “UPVC will not be acceptable.
  • ‘Guidance for Householders November 2021’ page 16: “UPVC is not a traditional or sustainable material, and its use will not normally be acceptable In listed buildings and conservation areas.

Commercial Hospitality Space at 8-10 North Bridge Arcade (Cockburn Street)

Posted on: November 23, 2021

Our comments on an application to erect a commercial hospitality space on the Common Good land of Cockburn Street

Our comments on an application to erect a commercial hospitality space on the Common Good land of Cockburn Street

Cockburn Response

The Cockburn objects to this application on the grounds that it would involve the quasi-privatisation of public urban space; would affect the wider 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.

The platform area extends into the existing street making access to service vehicles and pedestrians complex and difficult. The existing table licensing area (to which we have no objection) compounds this issue, making the pavement narrow, affecting pedestrian flow.  We also note that this business has placed tables within the North Bridge Arcade itself, which we suspect might also need consent for a change of use to Class 3 Food and Drink.  This should be assessed as part of this application and a revision sought if 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 general and detailed views on this type of development in greater detail below:

Overall context – 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 outdoor 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.

Existing tabling licensed areas – We have no objection to the current tabling licensing system in place, whereby a small number of tables are placed discretely beside the operator’s premises.  The addition of a separate platform placed apart from the licensed area causes additional concerns with the need for service staff to cross through pedestrian areas to service the extension.  In some instances, especially where the separating space is small, this creates not along a significant impediment to pedestrian flow but creates a psychological barrier as well, suggesting that the public are crossing an area of semi-private space.

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/Appropriation 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 lacks 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.