What planning permission was required for food trailer fixed stance 340 Ayr Rd

The request was successful.

Dear East Renfrewshire Licensing Board,

What planning permission was required for food trailer owned by Donna Tait for 340 Ayr Rd, and what has happened to that planning permission now that the restaurant car park has been closed off to the public and the trailer is no longer trading.

Does the planning permission still exist, and if so, who currently owns it?

I have been told by EAST REN PLANNING, in writing, that if a fixed stance for a street food licensed trailer is required, it needs planning permission, and that the planning permission stays with the land owner, which would be the owner of the restaurant as opposed to Ms Tait.

Also, could you please explain why a Street Food License is required as well as planning permission for a fixed stance on private land?

Yours faithfully,

ELIZABETH DAVIS

East Renfrewshire Licensing Board

Dear ELIZABETH DAVIS

We've received your freedom of information request. Your reference number
is: 3531-5006-5472-3318.

Your request has been passed to a member of our team. We will respond as
soon as possible and no later than 20 working days.

Thank you.

East Renfrewshire Council

EN EnvFoi, East Renfrewshire Licensing Board

1 Attachment

Dear Ms Davis

 

FOI -3531-5006-5472-3318

 

I refer to your request of 20/08/21. Section 39(2) of the Freedom of
Information (Scotland) Act 2002 (FoISA) provides that environmental
information is exempt from disclosure under FoISA, thereby allowing any
such information to be considered solely in terms of the Environmental
Information (Scotland) Regulations 2004 (EIR).

 

I can advise that according to our records, there is no planning
permission or planning application submitted for a food trailer or similar
structure at 340 Ayr Road.

 

Planning permission is normally required for a fixed stance facility on
private land as it is deemed to be a material change of use of that land,
which requires planning permission.  A street food license is part of the
licensing regime that Council's operate.  Licensing operates separately
from planning under different legislation and the requirement for a
license does not negate the need to obtain planning permission when
planning permission is required.

 

East Renfrewshire Council offers the opportunity to apply to the Council
for a review of how we have dealt with your enquiry. If you wish to
proceed to review, please apply in writing within 40 working days to:

 

The Chief Solicitor

Council Headquarters

Rouken Glen Road

Giffnock G46 6UG,

 

marking your letter “Environmental Information, request for review”, and
stating the exact nature of the matter you wish to be reviewed.

 

The review will be carried out within 20 working days of receipt of your
appeal. If you are dissatisfied with the outcome of the review, you have
the right to then appeal to the Scottish Information who has extensive
powers to investigate such matters. Her address is:

 

                Scottish Information Commissioner

                Kinburn Castle

                St. Andrews

                Fife KY16 9DS.

 

Yours sincerely

 

 

Tracey Morgan

Customer Relations Officer

Environment Department

 

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