They agreed to the change of use of the Klic Cars ground floor premises at 35 Whitesands.
Case officer Toril Glendinning told the meeting that the proposed establishment would complement the surrounding retail uses generally, add to the mix of uses in the town centre, and potentially assist in attracting increased footfall within the town centre.
In her report, she said: “Restaurants in particular have the potential to contribute to the evening economy and given the potential impacts of this type of development a town centre is often the most appropriate place for such a use as it is an area within which a greater degree of noise and activity can be expected into the evening.”
However, objections had been made by hairdresser Nelson Brown, whose salon is located above the site.
And a statement was read out from him at Tuesday’s meeting, in which he expressed concerns about the smell from the proposed restaurant and the impact on his business.
But, the council’s environmental health officer concluded the likelihood of being able to establish the existence of a statutory nuisance was low in this case.
Ms Glendinning said: “A statutory nuisance “must interfere with personal comfort in a manner that affects their wellbeing”. As such, the council’s environmental health officer is satisfied with the proposal and offers no objection. Whilst noise and vibration could also be possible arising from the proposed flue, it is considered that this would be very unlikely that this would be to an unacceptable degree as long as equipment is installed and maintained correctly.”
A move to have a site visit to allow members to view the location was voted down and the application was instead agreed, subject to conditions.
