Refusal recommendation ignored as burger van wins battle on Ayrshire island

dailyrecord.co.uk:

A popular burger van on Arran has won its battle for a three-year stay on the island after defiant councillors went against recommendations by planning officers.Emma Ferguson, who runs Fergie’s, recently sought planning permission for the siting of the van for a temporary period of three years on an existing car park within the conservation area of Lamlash.

The car park is leased and maintained by North Ayrshire Council.Public complaints over the van were initially reported to planning services earlier this year.

No planning permission for the use had been gained and the matter was investigated as an unauthorised use under planning enforcement.The owners claimed, at that point, that the van was licensed; was only intermittently sited and had not been at that particular site for more than 28 days and so was not in breach of planning law.They were advised at that time that the investigation would be closed and that the site would be monitored for potential future planning breaches.Advice was given that the owners were free to apply for planning permission for the use if they wished in the meantime.

Their trading hours are 10am to 4pm from Tuesday to Saturday.The planning department recommended refusal.It said it was within a conservation area of Lamlash Green, which was identified as an open space for the community, and proposed an enforcement notice which stated that a snack van should not be there for any more than 28 days in a year.Such a development, even for three years, would impact on the green and wider conservation area.There were nine objections and 10 messages of support with one neutral comment.It was also stated there would be an impact on parking provision.