Agenda item

Demolition of existing building with retention of existing façade with minor modifications and use of land as a hospitality area (Description revised following changes to the proposed frontage – previously “Demolition of existing building, erection of gates and railings as modification to front facade to facilitate use of land as a hospitality”).

Public Participation

Dr Roger Frost (Charter Court Management Company) spoke in objection to the application

Jonty Newbury spoke in support of the application

Amanda Newbury spoke in support of the application

Cllr Atiqul Hoque spoke in support of the application

Attention was drawn to additional information which had been published in Supplement 3 to the agenda, which detailed the response of the Environmental Health Noise Officer in relation to the requirement and position of the noise barrier.

The Planning Team Leader, Adam Madge, presented the application which was for Demolition of existing building with retention of existing façade with minor modifications and use of land as a hospitality area (Description revised following changes to the proposed frontage – previously “Demolition of existing building, erection of gates and railings as modification to front facade to facilitate use of land as a hospitality”). The application had been deferred at the last meeting to allow discussions to take place and a plan for a noise barrier to be formed.

The main issues which had been considered to be material in the determination of this application were listed as demolition of the existing building and impact on the Conservation Area, Principle of the proposed use, Impact on residential amenity and noise/disturbance.

Officer recommendation was for a noise barrier in a set location, of at least 4m in height.

Members then had the opportunity to ask technical questions of the officer, where it was clarified that the final specifications of the barrier were not yet determined, however a condition was suggested that approval of materials was delegated to Officers prior to the installation of the barrier. The noise barrier would also need to comply with any conditions relating to the conservation area.

Members of the public as detailed above, then had the opportunity to speak on the application.

Some of the main points in objection included that the closest dwelling was 35 yards. The application had been opposed as it was felt there would be inadequate noise protection, however since the last meeting there had been discussions between the residents, the applicant and the Council to remedy the noise concerns.

Haze McKenzie were appointed to assess the site and had suggested a noise barrier be erected and noise be restricted to 65dbs.

Residents agreed with the barrier, however felt this should be a minimum of 5m in height and be in place by spring of 2022.

Some of the main points of those in support included that a Noise Consultant had been contracted to advise on a solution. Discussions with resident and the council had been held to find a solution as it was important to the applicant to work with her neighbours.

The applicant was supported by the city council ward councillor who spoke in support, noting that the applicant was known for her good work in the community.

Local Member Cllr Sample who was not on the Committee, spoke to the application, noting that the identified gap had been acting as a funnel and that there had been local concern from local charter court residents. Thanks to the committee for deferring to allow time for this to be resolved by the two parties.

Following advice the applicant had come forward with a plan to implement a noise barrier. He asked on behalf of the residents that the Committee increased the barrier to the 5m requested by the residents.

Cllr Hocking then moved the motion of approval in line with Officer recommendation, but with a minimum of 5m height and a maximum limit of 65dbs.

This was seconded by Cllr Jeans.

The Committee was invited to discuss the application, the main points included that it was good that a solution had been reached.

The Committee then voted on the motion of approval in line with Officer

recommendation with the added height of 5m and max noise level of 65dbs.

It was:

Resolved

To approve application PL.2021.03958, 29 & 29a Brown Street Salisbury, subject to the following conditions:

1.The development hereby permitted shall be carried out in accordance with the following approved plans:
Site Location Plan PP1338/100 P3 dated 25.03.2021
Ground Floor Plan PP1338/101 P3 dated 22.03.2021
First Floor Plan PP1338/202 A dated 05.10.2021
Street Elevation PP1338/104 P1 dated 04.06.2021
Site Survey PP1338/DM02 dated 10.03.2021

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

2 Detailed plans of an acoustic barrier to a height of 5 metres above ground level, as specified at Sections 4.3 and 4.4 in Hayes McKenzie Noise report dated 10th September 2021, shall be submitted within 1 month of the date of this decision and approved in writing by the Local Planning Authority. The acoustic barrier shall be installed and sited in accordance with the approved details by 1 March 2022 and maintained at all times thereafter. The use of the outdoor venue shall be closed to members of the public during January and February 2022 to enable the required works to be undertaken and tested prior to re-opening.

REASON: In order to ensure that It achieves the required sound attenuation in the interests of residential amenity and ensure the appearance of the wall would relate satisfactorily to the existing buildings in the interests of preserving the character and appearance of the Conservation Area.

3 The use hereby permitted shall only take place between the hours of:
11am and 10pm Monday – Wednesday,
11am – 11pm Thursday
11am – midnight on Friday and Saturday, and
11am – 9pm on Sunday and Public/ Bank Holidays.

REASON: In the interests of residential amenity.

4 Amplified music (live or recorded) played on the application site shall not be above 65dB LAeq, 1min in listener areas at any time (in accordance with recommendation at Section 4.5 in Hayes McKenzie report dated 10^th September). No Amplified music will be played on the development site after 2300hrs.

REASON: In the interests of residential amenity.

5 A Noise Management Plan shall be submitted by the applicant within 1
month of the date of this decision and approved in writing by the Local
Planning Authority in consultation with Wiltshire Council Public
Protection. The application site will be managed strictly in accordance with the approved Noise Management Plan at all times thereafter.

REASON: In the interests of residential amenity.

Informatives: (2)
The applicant is advised that this permission does not affect any private
property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

Any alterations to the approved plans, brought about by compliance with Building Regulations, Licensing or any other reason, and resulting in external alterations to the approved details must first be agreed with the Local Planning Authority before commencement of work.