Agenda item

Conversion of first floor residential accommodation to form 1 one-bedroom flat and 2 two-bedroom flats with access from the rear – OLD TOWN.

The committee was reminded that following the submission of an acoustics report, which was discussed at the July Planning committee meeting, members were dissatisfied with the provision of double glazed windows and trickle vents suggested to attend to the noise pollution created by the plant machinery installed to the rear at first floor level. Subsequently, the case had been deferred to this meeting to allow the applicant to provide an alternative means of reducing the noise pollution.

The applicant had stated that they were of the opinion that the double glazed windows and trickle vents were sufficient to attend to the noise levels at the property. They declined from reconfiguring the internal layout of the three residential units to ensure that the habitable rooms are located to the front of the building and would not seek to install an acoustic structure around the plant to reduce noise emissions. The applicant had stated that by providing the “double glazing and ventilation which provides a level of amenity that meets all the guidance” they had made adequate provision to address the noise nuisance and were not prepared to alter the scheme further.

Members were clear in the debate and resolution from the July committee that for them residential amenity was an overriding material consideration that should be given significant weight in the assessment of the proposal. In this regard without further mitigation the application was unlikely to be acceptable.

A further statement had been supplied by the agent for the application and this outlined the following issues:-

·         An acoustic barrier to the existing equipment could not be delivered given third party ownership.

·         The most significant noise polluter in the locality was that of traffic noise. Victoria Drive runs to the front of the site had carries significant levels of traffic throughout the day and night

·         The noise emissions from the plant and equipment were negligible when assessed against the existing background level of noise from traffic and in no way did they add to or create an inhospitable living environment. There had been a number of recent planning approvals for new residential accommodation along Victoria Drive and none had been resisted on noise impacts resulting in loss of residential amenity.

·         Ventilation to the rooms was to be provided through trickle vents and this was industry standard.

RESOLVED: (Unanimous) That permission be refused on the grounds that the proposed residential flats by reason of their proximity to noise emitting plant and machinery without satisfactory mitigation is considered to give rise to poor quality living environment for the occupiers of this accommodation. The scheme is not considered therefore to deliver environmental well-being (as specified in Policy D1 of the Core Strategy Local Plan 2013 Policies) and will not fully respect residential amenity (as specified in Policy HO20 of the Eastbourne Borough Plan Saved Policies 2007).

Appeal

Should the applicant appeal the decision the appropriate course of action to be followed, taking into account the criteria set by the Planning Inspectorate, is considered to be written representations.