Residents of a Stirling apartment building have accused a fast food franchise on their block of violating planning conditions by cooking hot food on the premises.
Cream Curls sells burgers and hot dogs – as well as “stir fry” ice cream, according to its online menu.
The Stirling office went live from a ground floor outlet at 49 Cowane Street last September when a fume cupboard was also installed.
The council planners had previously granted a change in use from class one (shops) to class three (eating and drinking), but made it subject to the condition that information about a suitable ventilation system had to be submitted, as well as ensuring that the authorities were satisfied with the installation, and adds : “For the avoidance of doubt, no warm dishes may be cooked.” [the] Premises until an acceptable ventilation system has been agreed in writing and installed. “
(Image: Stirling observer)
Residents of the block, which has a total of eight apartments, told the Observer this week that they were regularly bothered by cooking smells and noise from their new neighbors.
Cameron McKay, who lives upstairs at Cream Curls with partner Felicia Szloboda, said, “Due to the noise and smell coming from the fireplace, we cannot open our rear windows during their operating hours – 11:30 am to 11:00 pm or so.
“That was a great inconvenience for us. It smells of fat and fat. There are also problems with noise – not only the sound from the fireplace, but also from speakers installed on the ceiling of the store.
“I moved in five years ago and there were no problems with the stores that were there before – a supermarket and a clothes store.
“Our quality of life has been affected since Cream Curls opened. It was very frustrating for us and other residents of the block. “
Cream Curls Franchisee Tayub Shakoor said, “We haven’t cooked any hot meals in the past few weeks but we hope matters will be resolved with the council and will start again soon. My business is already at a loss. It is important for my livelihood and for those I employ [hot food] continues.”
(Image: Stirling observer)
The observer was provided with a copy of an email dated July 7th from a Stirling Council planning officer to Mr. McKay stating, “Planning Enforcement is in contact with the owner and he is aware of the problem and needs to stop selling warm meals until the fireplace details have been presented in accordance with their condition and agreed in writing by the planning authority.
A spokesman for the Stirling Council said: “We are investigating the concerns raised and are looking for an appropriate solution. As this is an ongoing enforcement case, we cannot make any further comments at the moment. “