Commercial Hospitality Space at 73 Cockburn Street

Posted on: November 23, 2021

Our comments on an application for permission to build a commercial hospitality structure on Common Good land in Cockburn Street

Our comments on an application for permission to build a commercial hospitality structure on Common Good land in 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 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 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.

Commercial Hospitality Space at 148 High Street

Posted on:

Our comments on an application to install a commercial decking space on the Royal Mile

Our comments on an application to install a commercial decking space on the Royal Mile

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 to approximately the centre line of the existing street making access to service vehicles and pedestrians complex and difficult. Its permanent location would have a material impact on the usability of the High Street during peak Festival times and would establish a precedent for the appropriation of this most important civic space for a private commercial business.

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.

Commercial Hospitality Space at 231 High Street

Posted on:

Our comments on proposed outdoor seating platform on the Royal Mile

Our comments on proposed outdoor seating platform on the Royal Mile

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 to approximately the centre line of the existing street making access to service vehicles and pedestrians complex and difficult. Its permanent location would have a material impact on the usability of the High Street during peak Festival times and would establish a precedent for the appropriation of this most important civic space for a private commercial business.

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.

Commercial Hospitality Space at 61 Cockburn Street

Posted on: November 10, 2021

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

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 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 ProtectionProposals 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 CentreDevelopment 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:

  1. a) comprehensively designed proposals which maximise the potential of the site in accordance with any relevant development principles, development brief and/or other guidance
  2. 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.
  3. 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.
  4. 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 ContextPlanning 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:

  1. 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.
  2. 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.
  3. 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.
  4. d) a clear distinction is made between public and private spaces, with the latter provided in enclosed or defensible forms.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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 36-38 Victoria Street

Posted on: November 8, 2021

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

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 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 ProtectionProposals 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 CentreDevelopment 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:

  1. a) comprehensively designed proposals which maximise the potential of the site in accordance with any relevant development principles, development brief and/or other guidance
  2. 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.
  3. 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.
  4. 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 ContextPlanning 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:

  1. 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.
  2. 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.
  3. 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.
  4. d) a clear distinction is made between public and private spaces, with the latter provided in enclosed or defensible forms.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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 63 Cockburn Street

Posted on:

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

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 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 ProtectionProposals 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 CentreDevelopment 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:

  1. a) comprehensively designed proposals which maximise the potential of the site in accordance with any relevant development principles, development brief and/or other guidance
  2. 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.
  3. 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.
  4. 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 ContextPlanning 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:

  1. 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.
  2. 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.
  3. 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.
  4. d) a clear distinction is made between public and private spaces, with the latter provided in enclosed or defensible forms.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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 19 Cockburn Street

Posted on:

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

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 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 ProtectionProposals 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 CentreDevelopment 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:

  1. a) comprehensively designed proposals which maximise the potential of the site in accordance with any relevant development principles, development brief and/or other guidance
  2. 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.
  3. 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.
  4. 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 ContextPlanning 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:

  1. 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.
  2. 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.
  3. 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.
  4. d) a clear distinction is made between public and private spaces, with the latter provided in enclosed or defensible forms.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

St James Square “Alpine Village”

Posted on: November 5, 2021

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

Cockburn Response

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.

“Edinburgh’s Christmas” 2021 – Three applications

Posted on: October 20, 2021

Our submissions to the three separate applications connected to this year’s “Edinburgh’s Christmas” provision by Underbelly. We have grouped each of them here in one post for ease of reading.

Our submissions to the three separate applications connected to this year’s “Edinburgh’s Christmas” provision by Underbelly. We have grouped each of them here in one post for ease of reading.

Cockburn Response

We note that the application is for this year only and that the provision of Winter Festival activities will be subject to a tendering exercise to be conducted by the City Council shortly.

We also note that other cities such as Leeds, London and Newcastle have decided to cancel their Christmas Markets or major holiday celebrations this year due to concerns about Covid and the management of large-scale events during the continued pandemic.  Whilst we appreciate the comments made by the applicant in the Design Statements on the need to adhere to government rules and guidelines, we have some concerns for the un-caveated support given to the event (and by extension, these applications) by City of Edinburgh Councillors as reported in local media outlets, without any reference to the City Council’s responsibilities to managing civic spaces during the pandemic.

It is instructive that in Newcastle, local traders have also cited unfair competition from the pop-up hospitality and retail provisions in their local Christmas Market as a significant point of concern for them.  The Cockburn realises and sympathises with the challenges that local businesses have faced over the past 20 months.  It is therefore essential that any festive activity aims, first and foremost, to increase activity for the brick-and-mortar businesses in the city.  In our discussions with local businesses, this a real concern for them.  As such, the Cockburn believes that a local economic study should be required as part of any consent (should it be given) to quantify the level of economic spillage outside the city.

On 19 May 2021, the Cockburn responded to the consultation held by the City Council on the future of the Winter Festivals.  Here, we recognised their popularity and their contribution to the vibrancy of the city in past years.  However, we also noted that they are major commercial events rather than cultural activities and that  the Christmas Market has changed from the German Market that occupied the Mound with largely authentic products and produce to a disruptive, generic event that imposes significant restrictions on local residents, mainly targeting the tourist market with 2018 figures indicating that less than 50% of attendees to the Christmas Market were locals (falling to just 20% for Hogmanay).

In due course , we called for a dispersal of activities noting that the significant problem with the Winter Festivals pre-Covid was the desire of commercial operators to concentrate activity is a small area.  With the Christmas Market, this meant East Princes Street Gardens which were unable and unsuitable to cope with an ever-increasing activity.  The Cockburn therefore strongly advocated the creation of a Christmas City Centre Trail using sites across the City Centre in various locations for markets which could bring additional benefits to those areas. we suggested that this should include existing markets, such as those in Stockbridge, Castle Terrace Car Park and the Grassmarket, as part of this trail as well as Festival Square and Conference Square which could also provide an excellent location for the Winter Festivals which could be coupled with The Mound/Waverley Bridge and the possibly the High Street to form an excellent offer.

As such, we are pleased that the concentration on East Princes Street Gardens alone has changed.

Overall, the Cockburn has recognised a lot of movement since 2019 and the unlawful erection of the massive space deck.  We remain concerned with the proposals as they stand, and believe that greater efforts in terms of dispersal, further reduction in use of soft surfaced areas and a greater need to support local businesses is required.

We note that these applications are for this year only and should be seen in the context of re-opening up the city to its citizens.

We offer specific comments on 21/04950/FUL – George Street below.

The Cockburn OBJECTS to this application.

The Cockburn has no objection to the use of George Street for a dedicated ice rink with ancillary functions such as toilets and changing facilities. However, we cannot support this application as no details of the actual structure to be erected have been submitted with the application.  There is no way of ascertaining the impact on the neighbouring businesses or listed buildings and Conservation Area without these details , and we strongly advise that no consent be issued until this information has been submitted.  It is essential that any development here respects the qualities of George Street and the World Heritage Site.

No information on the management of support infrastructure is provided.  We are concerned with the impact of generators, etc on the immediate environment.  Similarly, we are also concerned with the lengthy periods required for set up and take down of the temporary structures and the disruption that this will cause for pedestrians and businesses alike.

The site boundary runs up the curb line on both sides of the street.  The current relaxation for outdoor seating has seen many of the hospitality businesses exploit the opportunity with substantial outdoor dining arrangements especially on the north side of the street.  The implication of Underbelly’s application is that these facilities will need to be moved before the erection of the ice rink can begin.  As it seems likely that the relaxation of licensing will continue, this needs to be clarified as a matter of some urgency.  In addition, the potential crowding of restricted pavement space seems likely, and could make crowd management more challenging.

The Cockburn would wish to object to the proposed pop-up bars and retail shacks within the ice rink enclosure.  As already noted in our general comments, we believe that these represent unfair competition to existing businesses who are struggling to recover from the past 20 months of restrictions.  We understand that these views are also shared by the George Street Association which represents a wide of local interests.

We offer specific comments on 21/04953/FUL – East Princes Street Gardens & The Mound below.

The Cockburn SUPPORTS this application.

Firstly, we have no specific concerns in regard to the use of The Mound for the Christmas Market.  This has been used for several decades now and if properly managed should present no issues.

We do have concerns with pop-up bars, preferring trade to be given to permanent businesses who operate year-round.

With regard to the upper terrace in East Princes Street Gardens, we would prefer this to be deleted from the proposals and possibly moved to Waverley Bridge.  This would avoid damaging the soft surfaces and permitted other activities such as the remembrance garden greater time to be enjoyed.  It must be said that we have little confidence in either Underbelly or the City Council in restoring the area of ground post-damage or in preventing it in the first place

We offer specific comments on 21/04954/FUL – West Princes Street Gardens below.

The Cockburn SUPPORTS this application.

This is a new use for WPSG and one for which we have significant concerns.

The application suggests that only the blaise area will be used but the site plan shows that the soft area of landscape is proposed for use as the maze and maze entrance.  We are concerned with the impacts that will be caused to the area of ground which has not been subjected to high use levels in the past.  It is therefore highly susceptible to damage and should not be used for this type of activity.

Traditionally, WPSG closes at dusk.  Whilst we appreciate the desire for this part of the Christmas Market to be open later (10pm according to the Design Statement), the implications of this need careful consideration.  Will this result in the erection of a barrier across the Gardens to prevent access to areas to the east of the Ross Fountain?  How will it look?  Will it be staffed, and by whom?  This could present an unsightly and aggressive barrier which would affect open access during normal hours or would at least impact on the openness of this most important civic space. No information on this has been provided on this and should be before any consent is considered.

The use of St Cuthbert’s Graveyard for operational servicing should be avoided.  Experiences of other events recently suggests too great a conflict between vehicles and pedestrians.  The management of the graveyard in the dark hours is also issue that requires attention.  There is no reason why it could not be made attractive.

No information is provided on the location of generators, etc. This needs clarification.

Victoria Swing Bridge

Posted on: October 15, 2021

We welcome this application to conserve and restore a significant piece of Leith’s built heritage

We welcome this application to conserve and restore a significant piece of Leith’s built heritage

Cockburn Response

The Cockburn Association WELCOMES this application to conserve and restore the Category A listed Victoria Swing Bridge in the Port of Leith.

The Victoria Swing Bridge is an important and rare example of a 19th century counterweighted swing bridge. The clear span of the bridge was the largest yet attempted in the UK at the time of construction in 1871-74 and it remains the largest counterweighted swing bridge in Scotland. It is very prominently located, forming a key part of a wider grouping of industrial landmarks at Leith Docks, Scotland’s largest contiguous wet dock complex.

In the 1990s the Cockburn Association recognised its importance as an invaluable part of Scotland’s industrial heritage and of the Port of Leith’s inheritance and successfully fought to save it from demolition.

Its proposed restoration back into active use is a testament to the dedication and commitment of local activists who have steadfastly worked to bring this about. Forth Ports is to be commended for its investment in repairing and refurbishing the A-listed Victoria Swing Bridge to serve as an outdoor community space.