Agenda item

A.1 PLANNING APPLICATION - 22/01083/FUL - 618 MAIN ROAD UPPER DOVERCOURT CO12 4LS

The application has returned to Committee after being deferred from the meeting of the Planning Committee on 2 August 2022, to allow the applicant time to undertake and submit a noise impact assessment and noise management plan for the premises.  

Minutes:

Earlier on in the meeting Councillors Placey and V E Guglielmi had both reminded Members that they had not been present at the meeting of the Committee held on 2 August 2022 when Planning Application 22/01083/FUL (618 Main Road, Upper Dovercourt) had initially been considered. They therefore took no part in the determination of the application.

 

The Committee recalled that it had deferred the determination of this application at its meeting held on 2 August 2022 in order to allow the applicant time to undertake and submit a noise impact assessment and noise management plan for the premises.  

 

It was reported that the submitted report DAA Group, ISSUE 01 dated 10th September 2022 had covered both the noise impact assessment and the noise management plan.   There had been no objections received from the Council’s Environmental Health Team to the report or plan subject to conditions to ensure that the enforceable and planning related elements of the noise management plan was adhered to at all times and that the recommended mitigation for the plant was undertaken, in order to minimise the noise and disturbance to neighbouring occupiers. 

 

Members were reminded that the proposal was for the change of use of the redundant Methodist Church and Hall (Class F1) to a Members only community social club, comprising of a bar area for darts and pool within the main church building and a community/function events use of the rear hall.  The site was located within the settlement development boundary of Harwich and Dovercourt

 

The Committee was aware that the application was part retrospective as the majority of the works, mostly internal had been completed.  ECC Place Services had had no concerns regarding the conversion or its impact on the neighbouring Grade II Listed Public House, The Trafalgar.  Given its current use as a Church and function hall, its sustainable location, along with its local community membership use, the proposal was also acceptable in regards to its Highways and Parking impacts.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Team Leader (Jacob Jaarsma) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting comprising:-

 

(1)    a revised proposed condition 3 to take into account specific elements of the submitted noise management plan and to ensure that those elements were implemented in full before first use; and

(2)    the applicant’s Operation Plan (dated 7 September 2022) for the premises.

 

No public speaking on the application was permitted at this time as this had taken place at the meeting held on 2 August 2022.

 

Outline of matters raised by the Committee

Outline of the Officer response thereto

Were Officers satisfied with the contents of the Noise Impact Assessment and the Noise Management Plan?

The Council’s Environmental Health section had been consulted. They had raised no objections subject to the imposition of appropriate planning conditions.

If the Committee was minded to approve the planning application what assurances could be given to the local residents should noise et cetera become an issue i.e. what action could be taken?

The potential for noise nuisance was the key aspect of this application. There were several avenues available for public complaints. If it was an alleged breach of the planning conditions then a complaint could be submitted to the Council’s planning enforcement section. If there was alleged persistent noise emanating from the premises then a complaint could be submitted to the Council’s Environmental Health section. If there was alleged inconsiderate or illegal parking at the site then a complaint could be submitted to the North Essex Parking Partnership. If there was alleged dangerous parking at the site then a complaint should be submitted to Essex Police. If there were alleged breaches of the conditions of the Premises Licence then a complaint could be submitted to the Council’s Licensing section.

Clarification was sought between the difference in the permitted hours of operation between the Premises Licence and the proposed planning conditions.

The hours imposed as a result of any planning permission would take precedence over those on the Premises Licence.

Had there been any complaints made about noise emanating from the adjacent Trafalgar Public House?

There had been a small number of historic planning enforcement complaints. Environmental Health had received a complaint about noise in April 2022 and before that in 2010.

Could proposed Condition 6 be extended to cover Saturdays and Sundays as well?

The reasoning behind this proposed condition was to allow the Cemetery to operate (i.e. to conduct funerals) without undue disturbance. The Committee could extend the condition to include Saturdays and Sundays if it felt it to be reasonable having considered all material aspects of the application.

Did the opening hours of the Social Club and The Trafalgar Public House compare?

They were very similar.

Could both premises coincide in the discharge of their patrons onto the streets?

Yes, this was a possibility.

Could a maximum capacity limit (i.e. of patrons) be imposed on the Social Club?

This would be a Members Only Club. Capacity would be very difficult to enforce. The Committee also had to take into account its “reasonableness” and whether it was a material planning consideration.

The site had a very narrow access road. Parking was a material issue. What advice can Officers give?

Parking was a challenge in that vicinity. Members had to consider that it was an existing building within the Settlement Boundary with pre-existing road/parking environment. Due regard also had to be given to the fall-back position of its previous use as a Chapel & Hall (Class F1) with no parking restrictions. In addition, County Highways had not objected to the application.

Did the Committee need to take into account that fall-back position?

Yes, especially as Class F1 (which covered various descriptions) was a realistic fallback position. However, it was firmly acknowledged that an F1  use could be very different to use as a Social Club (Sui Generis).

 

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Baker and:-

 

RESOLVED that the Assistant Director (Planning) (or otherwise delegated Officer after 26 October 2022) be authorised to grant planning permission, subject to the conditions as set out below, or as need to be varied (to account for any errors or legal issues et cetera) or otherwise added or removed as may be deemed necessary by the Assistant Director (Planning) (or otherwise delegated Officer after 26 October 2022).

 

Conditions and Reasons

 

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2.    The development hereby permitted shall be carried out in strict accordance with the following approved plans and documents:

 

Location Plan title number EX853863

Proposed Ground Floor Plan

DAA Group report submitted, Issue 01, dated 10th September 2022.

        

Reason - For the avoidance of doubt and in the interests of proper planning.

 

3.    Prior to the first use of the Social Club hereby approved the following must be implemented:-

 

a)   The main front door when closed, should achieve minimum 30 dB Rw, including perimeter acoustic seals to ensure noise breakout is controlled.

 

b)   The installed plant (Multiplex heat pump advanced- Model 09-0204-01 and J and E Hall model J5LC20CV1 Condenser Unit) must be fully enclosed in an acoustic enclosure with an insertion loss of 14dB or greater. The units must be isolated from the structure of the building using anti-vibration. The isolators shall incorporate rubber or neoprene high-frequency isolation pads

 

c)   The management must make available a contact number for local residents to contact the premises to discuss any specific incidents or concerns either during or after events. The contact number must be displayed in the window at the front of the premises at all times.

 

d)    Notices must be displayed to inform customers of the applicant’s commitment to local concerns.  Prominent, clear and legible notices must be displayed at the exits of the social club requesting the users of the social club to respect residents and to leave the premises and the area quietly at all times.

 

The Social Club hereby approved must operate fully in accordance with the points a-d above and as outlined in the relevant sections of the noise impact assessment - DAA Group report submitted, Issue 01, dated 10th September 2022. 

 

Reason: In the interests of residential amenity

 

4.    The development hereby approved shall open to the public only within the following opening times:

 

Monday to Thursdays - 12.00 until 23.00

       Friday and Saturdays – 12.00 until 0.00

       Sundays 11.00 until 23.00

      

       Permanent Staff employed to work at the site may be on-site outside of these hours.  . 

 

Reason - To ensure the use of the site is appropriate to the locality and to safeguard the amenities of local residents.

 

5.    There shall be no deliveries, or collections or related services before 08:00 and after 21:00 each day.  

 

       Reason:  In the interests of residential amenity

 

6.    There shall be no live or other form of music and/or other noise generating entertainment outside the the opening hours available to the public as detailed by condition 4 and in addition no live or other form of music and/or other noise generating enterainment between the hours of 10am – 4pm Monday to Friday. 

 

Reason: To prevent disturbance to visitors to the neighbouring cemetery and residential amenity.

 

 

 

 

 

 

 

Supporting documents: