CONTEXT AND JUSTIFICATION
Many commercial properties in the City are on the ground floor of tenements where the upper floors are in residential use. In these situations, there has traditionally been no access from the ground floor commercial units into the backcourt or common close, it being understood that the backcourt and close were for the exclusive use of the residents. Were a door to be opened from a commercial unit into the backcourt, it is likely that the backcourt could become used for the storage of refuse and the door, when open, would allow noise to penetrate to the quieter side of the tenement. Both these situations would seriously detract from the residential amenity of the backcourt, which may already be very modest in size. A new door into the common close would also bring the introduction of commercial bustle into the formerly exclusively residential area of the tenement.
In some circumstances, however, an emergency door may require to be formed into the backcourt to comply with the Fire Regulations. If an applicant can clearly demonstrate that he/she would be unable to operate the commercial unit without an emergency door to the rear, the Council may accept the proposal, subject to conditions.
Where commercial uses on the ground floor of residential tenements wish to expand, they sometimes propose an extension into the backcourt area. This would lead to a reduction in the area of the backcourt and an unacceptable reduction in the amenity of the residents, for whom the backcourt is intended.
POLICY
1. Permission will not be granted for the extension of commercial premises that extend into existing backcourt areas.
2. Fire escape doors from commercial premises onto communal backcourts and common closes will be permitted, subject to the following conditions being imposed on planning permission granted for such developments:
(a) the door shall be used for fire escape purposes only and for no other purpose whatsoever; and
(b) the door installed shall incorporate a break glass device to prevent improper use. Full details shall be submitted to and approved by the Council prior to any works commencing.