Popular Govanhill cafe loses planning appeal over smell concerns

Patricia’s Coffee Bar, which has been open for two years, has had a retrospective application for a change of use from a shop rejected.

Officials ruled the low-level ventilation system would “unacceptably impact” on neighbouring flats and Glasgow’s planning local review committee upheld the decision.

The owners’ representative argued the vent is “barely noticeable” and claimed the council’s position on low-level vents was quashing the ambitions of small businesses.

It is understood a council official will visit the cafe before deciding whether enforcement action is required.

Planning officials said the ventilation system did not meet council policy, which requires a high-level flue, and would result in an increase in cooking fumes and odours. A council report stated vents should be “located out of sight of public view” but the coffee shop’s can be seen on Calder Street.

At the review meeting last week, a council official said: “Once the class three (food and drink) use has been approved then any class three use could use that unit with the same ventilation system and we wouldn’t have any planning control over that.”

The appeal, submitted by Bennett Developments and Consulting on behalf of the coffee shop, said nowhere in the council report is there “even a shred of factual evidence that would support the claim that the proposed development would be a disamenity.”

“In essence the sole reason for refusing this application was the fact that the application did not make provision for a large, unsightly and potentially hazardous extraction flue up the back wall of the property.”

The appeal statement went on to say the vent grill is “barely noticeable” and low-level systems are “more than capable of ensuring any byproducts of cooking, namely odours, fumes and heat would be effectively dealt with.”

“The physical configuration of this property, sited on a corner with no rear wall to the backcourt, created a situation where it was not possible to install any type of extraction system on the back wall.”

“It is a matter of regret that within the city there appears to be resistance to considering extraction systems which do not involve unsightly flues on the rear of buildings despite the fact that the latest low-level carbon based systems are infinitely more effective at controlling fumes and odours.”

It added this position had “resulted in countless numbers of vacant properties, small business ambitions quashed, loss of rates to the council and the loss of employment opportunities.”

However, the five-councillor review committee made a unanimous decision to reject the appeal. Councillor Ken Andrew said: “I think the concern is that if we allow class three use then we cannot control what is going to be cooked within these premises.

“I think it’s rather unfortunate that they haven’t pursued other methodologies of ventilation, which we have seen in previous applications where there wasn’t access to putting an outside flue on the building.”

Councillor Jane Morgan added: “With the proliferation of coffee shops, it would seem a shame if people can’t at least sell hot drinks without being caught by us worrying about what might in future be included.

“But I think on the basis of what current planning policy is, the fact that some hot food is being cooked and that the ventilation would not appear to be adequate, I find this one problematic and would be inclined to uphold the initial refusal.”

Previous plans were rejected in 2019 due to “insufficient and incorrect information”, including “incomplete” details on the proposed ventilation system. A council report claimed the new proposal was “not substantially different” and did not address the reasons for refusal.