Agenda item

Public Participation

Ms Sandy Tickner spoke in objection to the application.

The Area Development Manager outlined the report which recommended the application be granted planning permission. It was noted that no late items had been received. The Area Development Manager outlined the site plan and relevant planning history of the site before detailing the relevant planning policy. This included the Kennet Local Plan: PD1, and the National Planning Policy Framework: Chapters 1, 2, 7 and 11. The key issues were summarised as being: the impact on neighbouring property, the impact on the vitality of the town centre and the impact on the character and appearance of the area. Further guidance on key considerations was offered by way of the NPPF paragraph 123.

The committee were then invited to ask technical questions of the application. Cllr Stuart Dobson questioned if noise reflection was a relevant consideration in the application. It was clarified by the Environmental Protection Officer that noise reflection was not a relevant consideration in the application given the nature of the surrounding walls.

Cllr Nick Fogg proposed an amendment to condition 3 from the officer’s report. This was supported by the committee.

Cllr Dobson spoke on the item and outlined that the expected noise level and impact on the high street as reasons to support the application.

Cllr Gamble then commented on the impact that the anticipated noise levels would have with regard to nuisance and tranquillity and stated that the expected levels would not be sufficient to constitute a statutory nuisance.

At the end of the debate it was;

Resolved;

To APPROVE planning permission for the application subject to the following conditions;

1)    All soft landscaping comprised in the approved details of landscaping in respect of the discharge of condition number 2 relating to planning permission K/55894/F shall be maintained in situ, free from weeds. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise first agreed in writing by the local planning authority.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

2)    The store shall not be open to members of the public outside the hours of 07:00 and 23:00 from Mondays to Sundays inclusive.

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

3)    The condensers to the rear of 134-135 High Street, Marlborough which serve the refrigeration equipment shall be set to work at no more than 44% of maximum duty.  The condensers shall be operated and maintained to ensure that the cumulative "rating noise" level does not add to the "background noise" level measured of any ten minute period. The "rating noise" level shall be assessed at 10m from the condensers. The meaning of "rating noise" and "background noise" referred to in this condition shall be taken from British Standard 4142: 1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas.

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 air conditioning units in the acoustic enclosure at roof level of 134-135 High Street, Marlborough shall be operated and maintained to ensure that the cumulative "rating noise" level does not exceed the "background noise" level measured of any ten minute period. The "rating noise" level shall be assessed at 12m from the condensers. The meaning of "rating noise" and "background noise" referred to in this condition shall be taken from British Standard 4142: 1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas.

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)    Any delivery lorries serving the store shall not be loaded or unloaded outside of the hours of 08:00 to 20:00 Monday to Saturday and 10:00 to 20:00 Sundays.

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 development hereby permitted shall be carried out in accordance with the following approved plans:

p595/102 received on the 20th May 2013

595/103 received on the 31st May 2013

595/106 received on the 20th May 2013

595/104A received on the 20th May 2013

595/105B received on the 9th August 2013

595/101A received on the 3rd July 2013

595/105A received on the 3rd July 2013

RF-NB105.dwg received on the 31st May 2013

595/107 received on the 31st May 2013.

Noise Survey and Impact Assessment dated 14th June 2013 (insofar as not superseded by additional noise data following maximum capacity of plant change to 44% to deal with 'stepping up')

Raw Noise Data received on the 24th July 2013

AC Plant Noise Technical Note dated 6th August 2013

Refrigeration Plant Noise Readings received on the 28th August 2013

Technical data (3 sheets) for Mitsubishi Air Conditioning Units received on the 30th May 2013.

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