Agenda item

Cally Clocktower

Application for Variation (Council Own Application) of Conditions 6 and 7 (Hours of Operation) of planning permission ref: P2017/4433/S73 dated 21/12/2018 which sought permission for: Variation of condition 6 (hours of operation) of planning permission ref: P2016/0730/FUL, dated 23/05/2016

The proposal includes changes to the approved hours of operations for the Heritage Centre, Clock Tower, and the Cafe. The variation seeks an extension of both opening and closing times for the Clock Tower & Heritage Centre and Café for all hours/days from 08:00am to 21:00pm.

The planning officer introduced the case and explained there had been no updates since the circulation of papers.

In response to questions from the Sub-Committee, planning officers explained there had been no formal complaints about the premises since it’s opening in 2016, and any crimes reported were in relations to the park itself and not the clocktower/premises. The applicant explained that no significant noise pollution will be created from an extension of hours as the primary use of the premises will be for community events and workshops. Any private events would have to adhere to the decibels of noise allowed in the conditions. They further explained the extension of hours will coincide with the park closing hours of 9pm.

Objectors raised concerns over the noise pollution that could be created from an extension of hours and how this could disturb residents in the immediate vicinity of the park, now late into the evening. This could have been particularly a problem during summer months when windows would have been open to allow for air flow into resident’s homes. They also noted with more people working from home it could also disturb their working hours. However, they were sympathetic to understanding living near a park would come with some level of noise pollution but this should not have been excessive.

The applicant explained they wanted an extension of hours to help the community host more events and bring social and mental health improvements for residents, especially during winter months when it gets dark early, and people are less likely to be outside. They also explained the increased hours could act as a deterrent for Anti-Social Behaviour in the park as there would be staff and residents around to inform police and the park management if they saw any criminal activity. They also explained that the extension of hours does not mean they would have been open until 9pm every day, only when the venue space was booked for use. The applicant also responded to concerns over noise pollution, explaining that they would have happily engaged with noise team on what they deem as an acceptable number of decibels. They also explained that any application for a Temporary Event Notice (TEN) could not override the no sale of alcohol condition, and TENs would be very rare and only for special occasions.

The applicant sympathised with residents and wanted to engage with them to ensure that no excess noise pollution would have been created with an extension to opening hours. The increased opening hours would have benefitted residents as it gave them another community space to use for workshops and groups, such as the knitting group to meet.

Councillor North proposed a motion to amend conditions and the addition of further conditions set out below.  Councillor McHugh seconded.

·       Condition 6, Hours of Operation - heritage centre and clock tower (compliance):

Monday to Friday: 08:00hr - 21:00hr

Saturday: 08:00hr - 21:00hr

Sunday: 08:00hr – 18:00hr

·       Condition 7, Hours of Operation – Café (Compliance):

          Monday to Friday: 08:00hr - 21:00hr

Saturday: 08:00hr - 21:00hr

Sunday: 08:00hr – 18:00hr.

·       An additional compliance condition that any event(s) nor any events permitted under a Temporary Events Notice, the sale or consumption of alcohol in association with the use hereby approved is not permitted

·       An additional condition that no audio (including recorded or live music) shall be over 75dB (Decibels) when measured within the Heritage Centre, Café and Clock Tower at any time.

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections provided verbally at this meeting, the planning permission be granted subject to the conditions and informatives set out in Appendix 1 (page 28 of the Agenda) of the officer report and an addition of the amendments and further conditions set out above.