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Agenda item
96 Norman Road, St. Leonards on Sea
Minutes:
Proposal:
Installation of replacement kitchen extract duct (Retrospective)
Application No:
HS/FA/17/00100
Existing Use:
Conservation Area
Listed Building
Public Consultation
Takeaway
Yes – St. Leonards East
No
91 letters of objection and 1 petition received.
The Planning Services Manager, Ms Evans, presented this report for the installation of replacement kitchen extract duct (retrospective). She said the site relates to the takeaway business which occupies the ground floor and the basement of the two-storey terrace building. The extraction fan runs from the kitchen and terminates 1.3m above the ridge line to the roof; there are limited views of the extraction fan. The previous extraction fan was damaged and removed as a result of a fire. The application is retrospective following the service of an enforcement notice. She said a number of representations had been received raising concern regarding noise produced by the fan and suggested the first floor window associated with the kitchen of the Chinese takeaway window be closed shut and blocked up. She advised this application was not for the use, but for the extraction duct and whether noise from the duct will be acceptable or not. It is not affected by whether the kitchen windows are open or closed. Enforcement require conditions to ensure the fan is not harmful to residential amenity.
Members were shown plans and photographs of the application site.
Ms Helen Marshall, petitioner, spoke against the application, she said she had no objection to the takeaway being next door. Her concerns related to odour, noise and airborne vibration of the new extraction fan, which had affected her health and wellbeing. She said it was disappointing that the kitchen window could not be conditioned. The window, she said, creates more noise than the fan from the cookers and woks banging. The majority of properties surrounding the site are residential, there are only 2 commercial premises nearby which close at 11am. The true noise levels will be reported in 6 months. She said she was happy for the application to proceed subject to the outcome of the noise report.
The Planning Services Manager referred to the comments made by Ms Marshall. She said the previous extract duct was restricted to 35 decibels and it is conditioned on this application to enable it to operate properly. The ongoing enforcement case has been put to one side while the planning application is being assessed. She confirmed that Enforcement will check whether everything is done correctly and will keep in touch when key things take place during the course of events.
Mr Stuart Rumsey, representing the applicant, spoke in support of the application. He said the takeaway was lawful, the duct was approved in 2006 and it is in the same position as the new one. The former consent stipulated the fan should be 35 decibels and it is proposed the new extraction fan will have the same decibel output.
The Planning Services Manager responded to Mr Rumsey’s comments, she said Environmental Health had no objection regarding odour. The Planning Services Manager said a number of conditions had been put in place to make duct acceptable eg condition 1 a silencer and condition 2 acoustic enclosure. She confirmed the duct will remain, but it is not the finished product.
Councillor Beaver recommended the addition of the words “produced by an independent noise consultant” to condition 8, to provide an independent view to satisfy both the petitioner and planning authority. Councillor Beaver proposed a motion to approve the application subject to amended Condition 8, as set out in the resolution below. This was seconded by Councillor Turner.
RESOLVED – (unanimously) that planning permission be granted subject to the following conditions:-
1.
Specifications of an acoustic silencer to be installed within the ductwork, shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this permission. The specifications shall show the silencers positioned in front of the fan, so that the silencer is located between the fan and the terminal point of the duct. The approved details shall then be implemented within 3 months of the date of this permission unless another date is agreed in writing by the Local Planning Authority. The approved details, once implemented shall thereafter be retained and maintained;
2.
Specifications of the acoustic enclosure to the duct work (fitted with acoustically treated panels) shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this permission. The approved details shall then be implemented within 3 months of the date of this permission unless another date is agreed in writing by the Local Planning Authority. The approved details, once implemented shall thereafter be retained and maintained;
3.
Specifications of the acoustic louvers to be installed at the terminal point of the flue shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this permission. The approved details shall then be implemented within 3 months of the date of this approval unless another date is agreed in writing by the Local Planning Authority. The approved details, once implemented shall thereafter be retained and maintained;
4.
Details of how the duct shall be attached to the roof/chimney shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this approval. The approved details shall then be implemented within 3 months of the date of this permission unless another date is agreed in writing by the Local Planning Authority. The approved details, once implemented shall thereafter be retained and maintained;
5.
Details of the anti-vibration mounts shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this approval. The approved anti vibration mounts shall be installed within 3 months of the date of this permission unless an alternative date is agreed to in writing by the Local Planning Authority. The approved details, once implemented shall thereafter be retained and maintained;
6.
Details of the odour control measures shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this permission. The approved scheme of measures shall be implemented within 3 months of the date of this permission unless an alternative date is agreed to in writing by the Local Planning Authority. The approved measures, once implemented shall thereafter be retained and maintained;
7.
Details of a maintenance plan shall be submitted to and approved in writing by the Local Planning Authority within 1 month from the date of this approval. The duct hereby approved shall thereafter be maintained in accordance with the approved maintenance plan;
8.
Six months following implementation a further detailed BS4142: 2014 noise report, produced by an independent noise consultant, shall be submitted to and approved in writing by the Local Planning Authority. The rating level of noise emitted from the use of this plant, machinery or equipment shall not exceed the 35dB level when measured according to British Standard BS4142: 2014, at any adjoining or nearby noise sensitive premises.
Prior to any survey work or measurements being carried out the survey methodology including times, duration, locations and fan speeds shall be submitted to and approved in writing by the Local Planning Authority;
9.
Within 1 month of the installation date of the anti-vibration mounts, an investigation using a class one sound level meter and competent acoustician shall take place inside the top bedroom at 94 Norman Road, St Leonards on Sea, to determine the effectiveness of the anti-vibration mounts and any structure borne transmission.
Prior to any survey work or measurements being carried out the survey methodology including times, duration, locations and fan speeds shall be submitted to and approved in writing by the Local Planning Authority. The investigation shall take place with the maximum fan settings operational and the results made available in writing to the Local Planning Authority; and
10.
At close of business, the fans serving the kitchen extract system shall be switched off by 23:30 hrs (Sunday - Thursday) and 00:00 (Friday - Saturday), with the exception of 1st of June to 31st August where the fan shall be switched off by 01:00.
Reasons:
1.
To safeguard the amenity of adjoining and future residents;
2.
To safeguard the amenity of adjoining and future residents;
3.
To safeguard the amenity of adjoining and future residents;
4.
To safeguard the amenity of adjoining and future residents;
5.
To safeguard the amenity of adjoining and future residents;
6.
To safeguard the amenity of adjoining and future residents;
7.
To safeguard the amenity of adjoining and future residents;
8.
To safeguard the amenity of adjoining and future residents;
9.
To safeguard the amenity of adjoining and future residents; and
10.
To safeguard the amenity of adjoining and future residents.
Notes to the Applicant
1.
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning;
2.
Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework;
3.
It is noted that the premises is still under notice to comply with the provisions of the abatement notice served by Environmental Health on the 10th October 2016 and as a preventative measure should keep the window closed to prevent noise from the kitchen being audible outside the property or in any neighbouring residential property;
Failure to ensure that best practical means has been employed to prevent the egress of noise is likely to be a breach of the notice served and consideration to prosecution will be given upon witnessing of a breach of the notice. It should also be noted that a formal breach of the notice would be assessed by Duty Environmental Health Officers and only after careful consideration of the following factors such as: time, frequency, type and duration of noise and not just the mere presence of some noise. Officers will then make a professional judgement as to whether the noise is interfering with the material use of another property.
Supporting documents:
- MAP_HS_FA_17_00100_96 Norman Road, item 11b PDF 399 KB
- HS-FA-17-00100 96 Norman Road, item 11b PDF 121 KB
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