Agenda item

Use for the purposes of live performances, music tuition, theatre, cinema, music museum, computer classes, broadcasting, place of worship, music, dance, sound engineering and indoor sports (sui generis).  Opening hours 24 hours (broadcasting), 10am – 3am Sunday to Thursday and 10am – 6am Thursday to Saturday (live performance, theatre and cinema), 9am – 3am Sunday to Thursday amd 9am – 6pm Thursday to Saturday (indoor sports) and 9am – 9pm (music tuition, music museum and computer classes).

13.1  The Planning Officer introduced the report, as set out in the agenda.

13.2  Verdi Yahooda, Helen Goldman and Shellan Barbour spoke in objection to the scheme, their comments are summarised as follows:

§  Verdi represented a group of artists located along Digby Road.

§  Commend the work and commitment that has gone into the centre.

§  Excessive hours proposed.

§  Issue of noise pollution to surrounding residents and businesses, as the soundproofing provided was felt to be inadequate. 

§  The noise pollution team were not following up complaints made, as the report suggested that no complaints had been received.

§  Issue surrounding parking, as there is no parking provision.  There are often cars double parked along the surrounding roads.

§  Recognised that they had been invited to attend one of the management meetings to try and resolve these issues.

13.3  The applicants spoke in support of the scheme, their comments are summarised as follows:

§  The building had been fully soundproofed.  Shutters have also been installed which keep the noise contained within the building.

§  Their main age group is between 40-60 year olds.

§  The majority of attendees travel by public transport so feel that there is not a problem with parking.

§  They have never had any visits from the pollution team or the police regarding disturbance.

§  Willing to work with the local residents to try and resolve the noise nuisance issues.

13.4  Members wished to establish how often residents were affected by the noise generated by the centre.  The objectors stated that they suffer from noise nuisance throughout the night on a regular basis, especially at weekends.

13.5  The applicants stated that the building was soundproofed before the limiter was installed.  The Planning Officer confirmed that the sound limiter was installed at the end of November 2008.  The Planning Officer added that the Pollution Team did not raise any objections to the soundproofing of the building and the hours proposed.

13.6  Members were advised that this application had previously been submitted to the Licensing Sub-Committee and that it was now subject to planning permission.  With regard to the hours of use, the Chair asked whether the applicants would be willing to voluntarily reduce the amount of hours being requested.

13.7  The applicants stated that they would not be willing to voluntarily reduce the amount of hours requested due to cultural reasons, as the majority of their customers did not go out until around 2am.

13.8  Councillor Webb raised concerns about the Sub-Committee granting planning permission for such long hours, as this was a highly residential area and taking into consideration the objections raised.

13.9  Councillor Smith shared these concerns and proposed that if the Sub-Committee was minded to grant planning permission, that it be granted for a period of 6 months in which time the objectors keep a diary of any noise nuisance and report this to the Pollution Team.  The application would then come back to the Sub-Committee in 6 months time with a report from the Pollution Team.  This was seconded by Councillor Webb.

13.10  Councillor Webb also requested that amplified noise be restricted to take between the hours of 10am – Midnight, Monday – Thursday.  This was AGREED.

Unanimously RESOLVED that:-

1.  SCB0- Development only in accordance with submitted plans

SRB0

The Development hereby permitted shall only be carried out and completed strictly in accordance with the submitted plans hereby approved and any subsequent approval of details.

REASON: To ensure that the development hereby permitted is carried out in full accordance with the plans hereby approved.

2.  SCR2 - Dustbin Enclosures

Details of dustbin and recycling enclosures showing the design, and external appearance, shall be submitted to and approved by the Local Planning Authority, in writing, before the use/development commences.  The development shall not be carried out otherwise than in accordance with the details thus approved.

REASON: In order to provide for adequate bin and recycling enclosures in the interest of the appearance of the site and area.

3.  SCG1 - Restricted Hours of Use    

The live performances, theatre, cinema, and indoor sport hereby permitted may only carried out between 10:00 to 03:00 hours Sunday to Wednesday and 10:00 hours to 06:00 hours Thursday to Saturday.

REASON: To ensure that the use is operated in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

4.  SCG1 -Restricted Hours of Use    

The music tuition, computer classes and music museum hereby permitted may only carried out between 09:00 am to 21:00 hours Thursday to Saturday.

REASON: To ensure that the use is operated in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

5.  SCG1 -Restricted Hours of Use  

The place of worship hereby permitted may only carried out between 09:00 am to 23:30 hours Monday to Sunday.

REASON: To ensure that the use is operated in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

  INFORMATIVES

The following Informatives should be added:

SI  Reason for approval:

The following policies contained in the Hackney Unitary Development Plan 1995 are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission: 

EQ1 [Development Requirements], EQ40  [Noise Control], ACE3  [Retention of Arts, Culture and Entertainment Buildings] ACE8  [Planning Standards]