Agenda item

Mark Flaherty (PWA Planning) spoke in support of the application and Mr Michael Johnson spoke in opposition to the application.

RESOLVED THAT COMMITTEE:

Grant planning permission subject to the following conditions:-

1.               Unless explicitly required by condition within this consent, the development

hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:

Plans and Elevations Dwg no 3154 001

Location Plan produced 04-09-23 @ 1:1250

REASON:  For the avoidance of doubt and to clarify which plans are relevant to the consent.

2.         The residential accommodation hereby approved shall be restricted to occupation by one resident at any one time and who works on the premises.

REASON: In the interests of the amenities of the area and of the residential amenities of the occupier of the unit.

3.         The bar hereby approved shall only be in use in conjunction with the display of retail products at ground floor and which are available to purchase whenever the bar is in use.

REASON: To clarify the scope of the permission and prevent the bar from becoming the sole use to ensure that the development remains compatible with the character of the area, to protect residential amenity and to protect the vitality of the town centre.

4.         The use of the premises hereby approved shall be restricted to the following hours:-

Monday - Saturday, 08:00 to 20:00

Sunday/Bank Holiday, 08:00 to 17:00

REASON: To ensure that the development remains compatible with the character of the area and to minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings.

5.         Live or amplified music or musical instruments shall not be played outside of the following hours:

Monday - Saturday, 16:00 to 20:00

Sunday/Bank Holiday, 14:00 to 17:00

No live or amplified music shall be played at any time in any external areas.

REASON: To minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings.

6.         There shall be no more than 12 organised events (including private parties) in any one year, and no more than 4 organised events within any given 28-day period.

            REASON: Reducing the frequency of organised event reduces the chance that a highway safety issue will arise as the premises does not offer any off-street car parking.

7.         Prior to the playing of any live or amplified music or musical instruments, the front door as identified on plan reference Plans and Elevations Dwg no 3154 001 shall be fitted with a door-closer / self-closing device, which is to be retained in perpetuity.

            When live or amplified sound or musical instruments are being played the front door shall be kept closed except for access and egress of patrons.

REASON: To minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings.

8.         Prior to the playing of any live or amplified music or musical instruments, details of a sound limiter device capable of controlling the level of sound emitted, shall be submitted to and approved in writing by the Local Planning Authority.

The details shall include specifications of the limiter device which demonstrate that noise levels generated from the sound system shall not exceed background noise level as agreed by the Local Authority at each of the following octave frequency bands a minimum: 63Hz, 125Hz, 250Hz, 500Hz, 1 KHz, 2 KHz, 4 KHz, and 8 KHz when measured at the nearest noise sensitive residential properties.

The limiter device shall be installed and set up in accordance with the approved specifications / noise levels prior to the playing of any live or amplified music or musical instruments, and shall thereafter be retained at the approved level.

Any live or amplified sound or musical instruments shall be routed through the limiter at all times in accordance with the approved specifications / noise levels. There shall be no live music or musical instruments on the premises which can by-pass the noise limiter.

REASON: To minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings.

9.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order, with or without modification), no new windows/dormer windows/rooflights shall be inserted or constructed at any time in any elevation of the building without express planning permission first being obtained.

REASON: To ensure any replacement windows are appropriate to minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings.

10.       There shall not be any filling or emptying of bottle bins between the hours of 20:00 and 09:00 on any day.

REASON: To minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings.