Minutes:
71.1 A short comfort break was taken between 10:52-11:19 after the completion of application DC/19/03577 but before the commencement of DC/19/01721.
Councillor David Busby left the meeting room before the commencement of application DC/19/01721
71.2 Item B
Application DC/19/01721
Proposal Planning Application – Change of Use from Shop (A1) to Bar (A4)
Site Location SUDBURY – 14 Borehamgate Shopping Precinct, King Street, Sudbury, Suffolk, CO10 2ED
Applicant Café Lounge Ltd
71.3 The Case Officer presented the application to the Committee, outlining the proposal before Members’ the layout of the site, and the officer recommendation of approval with conditions.
71.4 Members considered the representation from the Applicant’s representative David Dadds.
71.5 The Applicants Representative responded to Members’ questions on issues including: the proposed opening hours, entrances to and from the application site, that a sound limiting device was being proposed with the application and that the licensing conditions had been agreed at a separate Licensing Committee.
71.6 The Chair invited the Councils Senior Environmental Health Officer to respond to the points raised regarding noise and sound that would be created by the proposal. The Senior Environmental Health Officer advised that there was concern regarding the noise that could be created from the proposal and the impact that it would have on the residents above. As such the Officer outlined that the recommendation included conditions to ensure the noise level did not adversely affect the residential amenity of occupants of Borehamgate
71.7 The Chair allowed the Applicant’s Representative to respond to The Senior Environmental Health Officers comments and spoke on issues including: the details contained within the report and the ambient sound, that the conditions within the report were excessive in terms of the soundproofing and that there were other options available regarding the sound impact.
71.8 The Applicant’s representative responded to further questions from Members’ on issues including: the management of customers entering and exiting the venue to smoke and whether the lounge would run on a Membership basis.
71.9 Members debated the application on the issues including: the noise that would be created by the proposal later at night and the impact on residential amenity, the closing time of the proposal and the support for the application in the local area.
71.10 Councillor Melanie Barrett proposed that the application be approved as detailed in the officer recommendation with the following amendments:
- Condition 1 to be re-worded to refer to “e-games”.
- Condition 4 to be deleted as duplicate.
- Additional Condition 11 to tie hours of use to those currently enjoyed by License
71.11 Councillor Stephen Plumb seconded the motion.
71.12 RESOLVED
That the application is GRANTED planning permission and includes the following conditions:-
· Use limited to Sui Generis E-Games Lounge Bar
· Commencement of development
· Approved plans and documents
· Implementation of Noise Management Policy and Dispersal Policy.
· As recommended by Environmental Health:
1.Prior to the commencement of development written details of all proposed works to improve the sound insulation performance of the windows and main doors (including second internal doors or lobby) of the building, as guided by section 6 (paragraphs 6.1 to 6.11) of the Noise Impact Assessment produced by Big Sky Acoustics Technical Report Number 1909091 dated 30th August 2019 shall be submitted to the Local Planning Authority for approval. The Approved scheme installed prior to first operation, maintained and retained in that form thereafter unless otherwise agreed in writing by the Local Planning Authority
2.Prior to first use of the site as a licensed premise, all sound insulation works to walls, ceilings and support pillars shall be completed as described section 6 (paragraphs 6.15 to 6.38) of the Noise Impact Assessment produced by Big Sky Acoustics Technical Report Number 1909091 dated 30th August 2019. The Approved scheme works shall be retained and maintained in that form thereafter unless otherwise agreed in writing by the Local Planning Authority
3.Prior to first use of the site as a licensed premise, The details of the sound system, speakers and speakers’ locations shall be submitted to the local Planning Authority for Approval Approved scheme works shall be retained and maintained in that form thereafter unless otherwise agreed in writing by the Local Planning Authority
4.Prior to first use of the site as a licensed premise a Sound Limiter will be installed that restricts all amplified sound to a maximum noise level of 86dB LAeq. The noise limiter will be retained and maintained in that form thereafter unless otherwise agreed in writing by the Local Planning Authority
5.The Main Entrance Doors that are accessed via the Borehamgate precinct shall not be used for access or egress (except in an emergency) between 23:00 hours and 08:00 hours the following day. In addition smokers will be directed away from the main precinct between 23:00 hours and 08:00 hours the following day.
6.Prior to first use of the site as a licensed premise an Acoustic Validation Report shall be submitted in writing to the Local planning Authority for approval. The report shall include the results of tests that confirm that sound insulation is sufficient for the proposed use under normal operating conditions (maximum recorded music volume of 86dBLAeq) following the completion works required by conditions 1 and 2 above. The validation should confirm all works carried out as well as acoustic testing. With regards to validation of the works to the main doors and windows as required by Condition 1 the test should show that noise levels at 1m from the façade of any residential windows
LAeq (EN) should not exceed LA90 (WEN) And L10 (EN) should not exceed L90 (WEN) in any 1/3 octave band between 40 and 160Hz. EN = Entertainment noise level, WEN = Representative background noise level without the entertainment noise, both measured 1m from the façade of the noisesensitive premises.
With regards to validation of works to walls, ceilings and support pillars the validation report shall confirm that the works have provided at least 64dB (55) Rw (+Ctr) and that recorded sound is not audible in the bedrooms of any adjoined residential flat as the result of sound transmission via the structure. Amplified sound shall not be permitted until the validation report is agreed
Additional Condition
- Additional Condition to tie hours of use to those currently enjoyed by the License.
Supporting documents: