Agenda item

Planning Application 19/02531/S73 - Old Oak Farm, Back Lane, Curry Rivel TA10 0NY.

Meeting of Area North Committee, Wednesday 26th February 2020 2.00 pm (Item 103.)

Minutes:

Proposal: Section 73 application to vary conditions 3 & 5 of permission 15/00455/COU & subsequent application 15/04021/S73A to allow for wedding venue & to increase event limit from 15 to 40.

The Specialist (Planning) presented the application as detailed in the agenda, and updated members that a further letter of objection had been received referring to noise and visual impact, but not raising any new issues to those addressed in the report. She explained that the application was to broaden the type of events as well as the quantity, and noted the key considerations were the intensification and noise concerns. The applicant had established the ambient noise, and so it was possible to condition for noise levels. The applicant was required to keep a register for the frequency, number and type of events in order to facilitate enforcement if needed in the future.

A representative for Drayton Parish Council addressed members in objection to the proposal. He noted he had personally experienced noise from the venue and was also representing 7 or 8 residents who likewise had been affected by noise. He commented he had recently learnt there were directional speakers available for use in marguees and asked members to defer the application in order to explore the technology further. He had seen the acoustic report and had some concerns and asked members to refuse the application if unable to defer.

The applicant acknowledged comments submitted by local residents indicated noise was a concern. She explained that the marquee had a noise limiter which was adhered to and noise ceased by 11pm for any event. Since the limiter had been in use they had not received any complaints about noise. They had commissioned an independent noise assessment and the Environmental Health officer’s opinion was that noise from additional events would not cause additional harm. The venue provided local employment, supported local suppliers, and many visitors used local accommodation providers. If the proposal was approved it would facilitate wider use of the venue during the day and throughout the week.

One of the ward members, Councillor Tiffany Osborne, apologised for the short delay prior to the application being presented, as she and her fellow ward member had sought legal advice as they realised the venue was possibly going to be used for a political party function in the summer. The advice of Legal was that they could speak regarding the application but should not vote.

The ward member, acknowledged that Drayton residents had tended to be more affected by noise due to prevailing winds. Going forwards she believed music nights would be at a slightly lower sound level to wedding parties and that acoustic screening would be in place.

At the request of the Chairman, the applicant briefly responded to some points of detail including that acoustic screening would be in place and that the band would be repositioned in the marquee to help with noise levels.

During a short discussion, several points of detail were raised about noise levels, and the Specialist (Planning) clarified some elements.

It was initially proposed to defer the application to obtain more information about the noise levels and to have a technical expert available at the meeting to answer questions from members. On being put to the vote, the proposal to defer was lost, 3 votes in favour of deferral, 4 against with 1 abstention. (3 members did not vote as per legal advice).

Several member felt adequate information had been made available and included within the report. A subsequent proposal was made to approve the application as per the officer recommendation, and on being put to the vote was carried 4 votes in favour, 2 against with 2 abstentions (3 members did not vote as per legal advice).

RESOLVED:

That planning application 19/02531/S73 be APPROVED, as per the officer recommendation, and subject to the following:

Justification:

The proposal, due to its nature, location and layout, is considered to be an appropriate and sustainable form of development that will enable the expansion of this established business to the benefit of the rural economy without resulting in any demonstrable harm to residential amenity, visual amenity, highway safety or other environmental concern, in accordance with the aims and objectives of policies SD1, EP4, TA5, TA6, EQ2, EQ3, EQ4 and EQ7 of the South Somerset Local Plan (2006-2028) and the provisions of the National Planning Policy Framework.

Subject to the following conditions:

01. The development hereby permitted shall be carried out in accordance with the following approved plans: '1:2500 Amended Site Location Plan', '1:2500 Location Plan Detailing Car Park and Overflow Parking' and '1:500' Site Layout Plan, received 13th February 2015 and approved in relation to planning permissions 15/00455/COU and 15/04021/S73A.

Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

02. The subject land including any building(s) thereon shall be used for the purposes of agriculture; and as a wedding and events venue only and for no other purpose (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To ensure that the business use does not expand or intensify to an extent that would be harmful to neighbour amenity, the rural amenity of the area and highway safety, in accordance with policies EP4, TA5, EQ2 and EQ7 of the South Somerset Local Plan (2006-2028).

03. The marquee hereby approved shall only be erected on site, and used in conjunction with the use of the subject land as a wedding and events venue, between 1st May and 30th September in any one calendar year.

Reason: In the interests of visual amenity and to safeguard local landscape character, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028).

04. There shall be no more than 40 events held per calendar year on the application site and within any building(s) thereon. Live or recorded music shall be played at no more than 15 of the 40 events per calendar year. Acoustic music, that is played without the assistance of any electronic amplification, such as a PA system, as well as incidental music, may be played at all other events.

Reason: To ensure that the business use does not expand or intensify to an extent that would be harmful to the amenity of the area and highway safety, in accordance with policies EP4, TA5, EQ2 and EQ7 of the South Somerset Local Plan (2006-2028).

05. Music noise levels (MNL) (LA,eq) for the 25 'non-music' events hereby permitted shall not exceed the background noise level by more than 15 dB(A) over any 15 minute period between the hours of 09.00 and 23.00.

Reason: In the interests of neighbour amenity and the rural amenity of the area in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan (2006-2028).

06. Should any of the 25 ‘non-music’ events hereby permitted be held between the hours of 23.00 and 09.00 then any associated music noise shall not be audible within noise-sensitive premises with windows open in a typical manner for ventilation.

Reason: In the interests of neighbour amenity and the rural amenity of the area in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan (2006-2028).

07. A register shall be kept of the use of the development hereby approved, which shall include the date, duration and nature (music or non-music) of all events held. The said register shall be made available for inspection by an authorised officer of the Local Planning Authority at all reasonable times.

Informatives:

01. Statutory nuisance

The granting of this planning permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of the Environmental Protection Act 1990 be received. For further information please contact the Environmental Health section.

(Voting: 4 in favour, 2 against. 2 abstentions)

Supporting documents: