Agenda item

Alterations to shopfront and change of use of ground floor from A3 use (Restaurant) to A4 use (Bar) and part first floor from B1 use (Office) to A4 use (Bar).

Cllr Dean declared a non-pecuniary interest, he took part in discussion and the vote for this application.

 

Public Participation

Tim Denholm spoke in objection to the application

Steve Gosling spoke in objection to the application

Gary Griffiths spoke in objection to the application

Mark Shearman spoke in support of the application

Amanda Newbery spoke in support of the application

 

The Planning Officer Christos Chrysanthou introduced the report detailing the application for alterations to the shopfront and change of use of ground floor from A3 use (Restaurant) to A4 use (Bar) and part first floor from B1 use (Office) to A4 use (Bar). The application was recommended for approval subject to conditions.

 

A neighbour had also conducted an independent noise management survey which contradicted that of the authorities.

 

A noise limiter would be installed within the premises. There would be an acoustic roof canopy and the external lighting would be switched off after the hours in which external use was to end.

 

Members then had the opportunity to ask technical questions, where it was clarified that the beer garden would be locked at the stated closure times to prevent patrons from entering after that time.

 

Members of the public then had the opportunity to present their views as

detailed above.

 

Some of the main points included that the premises would be open until 2am most evenings, with intoxicated people having access to the rear beer garden until 10pm. Chipper lane had high buildings either side and noise would reverberate back and forth into the flat next door.

 

A late-night economy would be created here if the bar was permitted to open until 2am, there were concerns that this could not be properly policed in this section of the city.

 

The applicant had worked to address the concerns raised, and had liaised with the Environmental Health Office in agreeing to the conditions as set out in the report.

 

Salisbury’s Purple Flag wanted a vibrant late-night economy and welcomed investment in the City, however with the rear garden closing from 10pm, this would push all of the smokers out onto the front of Blue Boar Row until 2am when the bar closed, sending the patrons out to linger in market square.

 

The Division Member, Cllr Atiqul Hoque then spoke in objection to the application, noting the concern raised by the residents. Noting that the applicant calls the business a bar however they had applied for 11 toilets, which seemed to imply the nature of the business was something else, such as a club. 

 

Cllr Matthew Deane noted for transparency that Mr Gosling was known to him, but that this was not a prejudicial interest, so took part in the discussion and vote for this application.

 

Cllr Dean noted that the company specialised in a niche of young professionals, supplying draft beer and cocktail drinks with a strong food offering. As the evening goes on the food diminishes and dancing and drinking increases.

 

The sites can be quite noisy internally due to music. There would be a large number of people leaving during the early hours of the morning, through the front doors onto Market Place.

 

Up until now Salisbury had not had any late-night operators in the market square.

 

There would need to be SIA door staff on the back door otherwise people would leave that way to smoke.

 

After 11pm the food offer would inevitably dwindle to almost nothing. This would not be fair to the residents around this site to have an operation open every day until 2am.

 

To open a large venue on this part of the City would be problematic for policing. When police coverage was focused on Milford Street. He was in support of the application however felt there should be a reduction to the hours of opening, not to include hours past midnight.

 

Cllr Matthew Deane moved the motion of approval with an adjusted permitted opening time to end at 12 midnight 7 days of the week.  This was seconded by Cllr Sven Hocking.

 

A debate then followed, where the key issues raised included that several of the concerns raised could be controlled by Licensing conditions.

 

The hours of opening until 2am was too late for the area. This building would take several hundred people, who would then flood out on to the street at the front.

 

A condition that required the applicant to clean up externally every night could be applied.

 

The Committee then voted on the motion of approval with the amended hours of opening to end at 12 midnight 7 days a week.

 

Resolved

That application 17/08832/FUL be approved with the following conditions:

 

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 provisions 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 accordance with the following approved plans and documents:

 

Location Plan Date rec. 15/09/17

Drawing No. 101/C Plans as Proposed (Revised) Date rec. 02/02/18

Drawing No. 102/B Elevations as Proposed (Revised) Date rec. 02/02/18

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3) External Music noise level (MNL) shall not at any time, exceed the following levels: LAeq, 5 min 40dB,

Leq, 5 min 55dB in the 63Hz octave frequency band,

Leq, 5 min 50dB in the 125Hz octave frequency band,

(when measured at 1m outside the façade of the nearest noise sensitive residential property; 26 Chipper Lane).

 

Beyond 11pm on any day the external music noise levels shall not exceed the following levels:

LAeq, 5 min 25dB,

Leq, 5 min 45dB in the 63Hz octave frequency band

Leq, 5 min 40dB in the 125Hz octave frequency band

(when measured at 1m outside the façade of the nearest noise sensitive residential property; 26 Chipper Lane).

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

4) The premises shall not be occupied until a written scheme for post completion noise measuring has been submitted to and approved in writing by the local planning authority. The written scheme shall provide details of how compliance with the sound levels in condition 3 will be demonstrated and include times and locations at which noise monitoring will take place and the equipment that will be used to take measurements.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

5) The premises shall not be occupied until a post completion noise monitoring exercise has been completed in line with the agreed scheme in condition 4 demonstrating the Music Noise Levels in condition 3 have been achieved. The scheme shall be designed by a suitably competent and qualified person. The results of the noise monitoring exercise shall be submitted and approved by the local planning authority.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

6) The councils Public Protection officers shall be invited to attend the setting of the noise limiter controlling music noise levels inside the premises. The exercise will be undertaken by a suitably qualified acoustic engineer through making observations from the boundary with the neighbouring residential property. Where Music Noise Levels can be detected the frequency bands will be adjusted to reduce the levels ensuring that the music levels achieve the levels specified in condition 3 and ensuring there is no loss of amenity to the nearest noise residential property.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

7) All external windows and doors shall be kept closed at all times when amplified or live music is taking place except when being used for access and egress.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

8) All building services plant shall be so sited and designed in order to achieve a Rating Level of -5dB below the lowest measured background noise level, determined at the nearest noise sensitive receptor.

 

Measurements and assessment shall be carried out in accordance with BS4142: 2014.

 

REASON: In the interests of the amenity of the area.

 

9) The noise mitigation measures proposed by the applicant both in the original noise report dated 1st December 2017 (171107-R001) and addendum to the original report dated 2nd February 2018 (171107-R003) shall be implemented in full prior to the use of the outside area.   

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

10) The outside area (beer garden) to the rear of the premises shall not be used for patrons (including smoking) after 21:00 Sunday to Thursday and 22:00 on Friday and Saturdays. 

 

REASON: In the interests of the amenity of the area.

 

11) The door to the rear of the premises that opens out onto Chipper Lane shall only be used by members of the public for access and egress in the event of an emergency.

 

REASON: In the interests of the amenity of the area.

 

12) The premises shall not be occupied until a scheme of works for the control and dispersal of atmospheric emissions, and in particular odours and fumes from cooking processes has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working condition at all times thereafter.

 

REASON: In the interests of the amenity of the area.

 

13) No external lighting shall be installed on site until a scheme of external lighting, including the measures to be taken to minimise sky glow, glare and light trespass, has been submitted to and approved in writing by the Local Planning Authority.  The external lighting scheme shall be designed so as to meet the criteria for Environmental Zone E2, as defined by the Institute of Lighting Professionals ‘Guidance Notes for the Reduction of Obtrusive Light’ 2012.The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working order at all times thereafter.

 

The approved external lighting shall not be illuminated outside the hours of 21:00 Sundays to Thursdays and 22:00 on Fridays and Saturdays.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

14) No deliveries shall be made to or collections made from the development hereby approved except between the hours of 08.00 and 18:00 Monday to Friday 08:00 and 13:00 Saturdays and none on Sundays and Public Holidays.

 

REASON: In the interests of the amenities of the area

 

15) No bottles or refuse shall be placed outside in the patio area except between the hours of 08.00 and 18:00 Monday to Friday; 08.00 and 13:00 Saturdays and none on Sundays and Public Holidays.

 

REASON: In the interests of the amenities of the area

 

16) No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays. 

 

REASON: In the interests of the amenities of the area

 

17) The use hereby permitted shall only take place between the hours of 10:00 and 00:00 (midnight) on Mondays to Sundays and Bank Holidays.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

Informative

 

This permission does not permit the display of any advertisements which require consent under the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007 or under any Regulation revoking and re-enacting or amending those Regulations, including any such advertisements shown on the submitted plans.