Retrospective application for erection of two timber structures. Report by the Planning Officer (attached).

The Committee considered a report by Planning Officer (DJ) regarding planning application 77028.

The Planning Officer (DJ) advised the Committee that since the publication of the report that the applicant had provided a Noise Management Plan which included mitigation measures such as the contact details of the manager being provided to immediate neighbours, proposals for checks on noise and behaviours that were likely to cause a disturbance.  The Environmental Health technical officer had been consulted on the Noise Management Plan and did not support the proposed mitigation measures and therefore the recommendation remained as refusal.

The Senior Corporate and Community Services Officer read out statements received on behalf of Charles Waldron (supporter) and Tim Courtney (objector).

Darren Trick (supporter), Jannett Randal (supporter), Richard Medland (supporter), Elaine Brown (supporter), Steven Shepherd (objector) and Andy James (on behalf of the applicant) addressed the Committee.

In response to questions from the Committee, the Planning Officer (DJ) advised the following:

·       The Environmental Health technical officer had recommended that the structure was not used for live music.

·       In 2019, three noise complaints had been received and three had been received after the structure had been erected.  Lighting had been referred to in some of the complaints received.  These complaints had been made to Environmental Health.  Noise levels were considered to be excessive as a result of some of the complaints had been made.

·       Discussions had taken place with the applicant regarding proposed conditions.  The applicant had not agreed with the proposed conditions. His position had been that he should be able to rely on the provisions of the Licensing Act.  The Noise Management Plan had not been produced in consultation with the Planning Officer or Environmental Health technical officer.

·       As the beer garden was licensed, a live band could perform in the beer garden, however this would not occur in certain weather conditions or times of year.

·       The current mitigation proposed in the Noise Management Plan were not acceptable, there could be a compromise, but this had been reached yet.

In response to questions from the Committee, David Morgan, Environmental Health technical officer advised the following:

·       Different tests were applied under the Planning Act and Licensing Act.  There was guidance on dealing with protecting existing residents and amenity.  In relation to the licensed premises, evidence was sought in relation to previous public nuisance that had occurred.  This guidance was not the same under the Planning Act. There was a different approach and different set of tests.  There was a need to consider the noise arising from the licensed premises and other premises.

·       The applicant had not provided any details of the proposed number of live events to be held, the only information that had been provided was that it would be occasional. On that basis, there was not sufficient control that the level of use was sufficient to cause a nuisance for neighbours.  The number of events needed to be specified so that there was sufficient control.

·       There was limited information available regarding the complaints  ...  view the full minutes text for item 42