Agenda item

22/24 Pate Road, Melton Mowbray

Application:	21/01341/VAC
Location:	22/24 Pate Road, Melton Mowbray
Proposal:	Removal of Condition 3 - (Noise levels) of application 19/00165/COU dated 26/07/2019

 

The Planning Officer (AC) addressed the Committee and provided a summary of the application. He advised there were controls under Environmental Health to monitor noise levels as required. He reported there were higher noise levels from other industrial units on the site than from this business. The application was recommended for approval.

 

The Planning Officer responded to Member queries as follows:

 

·       There were no material grounds for refusal and there would be no justification at appeal for a refusal and the Council could be vulnerable to costs

·       The installation of noise limiters was a licensing matter and not a planning consideration

·       There were other mechanisms in place to ensure noise is monitored by the Licensing and Environmental Health services

 

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to public speaking at Planning Committee, the Chair allowed the following to give a 3 minute presentation:

 

·       Jeremy Watkinson, Plastics Printing Company

Mr Watkinson responded to Member questions as follows:

The Environmental Health Team had monitored the noise level and advised that the gym could be in breach. The specific noise condition was put in to minimise noise between classes.

 

·       Brendan McMullan, Agent, HaywardMcMullan

Mr McMullan responded to Member questions as follows:

There was no requirement for a noise limiter and if the condition was removed, they would still need to be within the constraints of Environmental Health monitoring. There was evidence that acceptable noise levels had not been surpassed.

 

During discussion the following points were noted:

 

·       It was questioned why the condition needed to be removed if it was irrelevant and not needed

·       Members understood that if they did approve, then they were dependent on the Environmental Health Team to deal with any noise issues in the future

·       Members felt that it was desirable that neighbouring businesses were not duly affected

·       It was mentioned that it was not a residential area

 

Councillor Browne proposed that the application be approved. Councillor Wood seconded the motion.

 

RESOLVED

 

That the application be APPROVED subject to conditions set out at Appendix A.

 

(5 for, 1 against, 4 abstentions)

 

REASONS

 

The changes within the Town and Country Planning Act, Use Classes Order in England (from 1 August 2021) would deem the use of these units as a gym to be ‘Permitted Development’ and would not therefore require express permission from the Local Planning Authority, which would allow such changes of use to occur without the imposition of planning conditions such as this, whilst some limitation still remains for residential areas through the submission of Prior Notification, no such allowance is made for commercial sites such as this.

 

Therefore, the condition is considered no longer reasonable given the government’s latest legislation to allow these changes to take place as ‘Permitted Development’, the removal of the condition is further considered acceptable due to the site surroundings being commercial in nature and sat amongst other businesses uses that would give rise to some element of background noise and amenity issues that are associated within an industrial estate of this nature.

 

Appendix A of this report sets out the suggested conditions, these are reduced from the planning permission 19/00165/COU. Conditions have been removed due to the time limit for the implementation of the development is no longer considered necessary, also other details required at the Change of Use stage have been implemented but are required to be retained as part of this proposal. Condition 6 of planning permission 19/00165/COU removed Permitted Development Rights for the use to be further changed, this condition is also no longer considered necessary for the reasons associated to the change in legislation as referenced within this report.