Agenda item

Change of use from restaurant (use class A3) to mixed use restaurant and bar (use class A3/A4) with alterations to front to form terraced dining. [Guildhall Ward]

Members considered a full application from Mr Joseph Moore for a change of use from restaurant (use class A3) to mixed use restaurant and bar (use class A3/A4) with alterations to the front to form terraced dining.

Officers provided an update to the application. They advised that two objections had been received from residents of Lund’s Court where there are five flats. The grounds for objection were as follows:

·        There was already noise disturbance from the application site and this could increase.

·        How would the condition of the premises licence, which required windows and doors be kept shut after 23:00, be enforced? The kitchen door was already left open at night and adding a window on the alleyway side would result in more noise breakout from the premises.

·        Music from the application site had previously been audible at Lund’s Court.

·        Residential amenity levels had worsened in recent years now there was a proliferation of bars in the area – due to cooking smells, loud music, litter creation and crime and disorder.

·        It is noted the police are looking to include the Swinegate area in their Cumulative Impact Zone due to crime and disorder issues. Restricting the opening hours of the application site would presumably assist the police in fulfilling their objectives.

Officers informed Members that the Environmental Protection Unit advised that they had not received any complaints about the premises. They had also confirmed they did not object to the application and that in their opinion much of the amplified music audible in the area did not originate from the application site.

Officers advised that conditions would control amplified and recorded music and also the equipment installed including air conditioning.

Hilary Ramili, the agent, had registered to speak in support of the application. She reminded Members that the proposed extension of the Cumulative Impact Zone was only a proposal at this stage and had not yet been agreed so should not have any bearing on this decision. She explained that the premises had had a late licence since 2005 and its occupancy and opening times had remained the same with no breach of the licence. The premises did not cause any additional impact on the area. She explained that the proposed alteration would allow a more continental style of dining with no intention to operate as a drinking bar, but mainly as a food led business. She advised that the Blind Swine was not responsible for the cooking smells or litter and there was no evidence that the use of the site gave rise to undue noise or disturbance.

Members noted that the previous planning permission for the property 00/00136/FUL which granted permission for a restaurant included a condition which specified the closing time as 23:30 however the premises had liquor licence to 03:00. It was acknowledged by the agent that by had been operating in line with the times specified on the liquor licence and that this was in conflict with existing planning permission. Members noted that this application if granted, as well as allowing an extension and change of use, would bring the operating times in line with the liquor licence.

Some Members advised that they had received emails from anxious residents regarding the potential for an increase in noise and disturbance and acknowledged that while it was not possible to pinpoint individual premises, the problem was the cumulative impact caused by the proliferation of bars in the area.

They noted that the Environmental Protection Unit had not received any complaints about the operation of these premises, and while they had been operating outside the times specified on the previously granted planning permission, this was an indication that increasing the hours on the planning permission would not give rise for concern.

Resolved:  That the application be approved subject to the conditions listed in the report and the amended and additional condition below.

Amended Condition 7

Noise from any amplified or recorded music shall not exceed lowest measured background noise levels (LA90), taken at neighbouring buildings (with includes the offices upstairs and retail unit next door).

Reason: In the interests of the amenity of surrounding occupants.  

Additional Condition 8

Prior to installation details of any machinery, plant and equipment, which would be audible outside the site, and any proposed noise mitigation measures, shall be approved by the local planning authority, implemented in accordance with the approved details, and appropriately maintained thereafter.

These details shall include maximum (LAmax(f)) and average (LAeq) sound levels (A weighted), and octave band noise levels they produce.  The report shall be undertaken by a specialist noise consultant or suitably qualified person and conducted in accordance with BS4142:1997. The report shall assess the impact of the additional noise sources on nearby residential properties and include any mitigation measures that are required.

Reason: In the interests of amenity.

INFORMATIVE: To achieve compliance with this condition details should demonstrate that the noise levels at the properties comply with the requirements of the World Health Organisation Guidelines on Community Noise and BS5228 as follows:-

Day time internal noise level in living rooms of 35 dB(A) Leq 16 hour (07:00 to 23:00)

Night time internal noise level in bedrooms of 30 dB(A) Leq 8 hour (23:00 to 07:00)

Night time internal maximum noise level in bedrooms of 45 dB(A) Lmax

Reason:     The proposed variation in use of the premises would have no undue impact on the vitality and the amenity of surrounding occupants can reasonably be controlled through the imposition of conditions. The external changes proposed, as shown on the revised plans, will not have an undue adverse impact on the host building  and there will be no undue impact on the character and appearance of the conservation area.