DELEGATED REPORT SHEET
APPLICATION 20181956 NUMBER:
ADDRESS: Sprowston Manor Hotel, Wroxham Road, Sprowston, NR7 8RP
PROPOSAL: Variation of Condition 1 of Planning Permission 20150975 to Allow For the Retention of The Marquee at Sprowston Manor Hotel for an Additional Period of 3 years.
CONSULTATIONS: District Environmental Health Officer: We had several complaints in November last year regarding loud music.
Marquees essentially offer little to no noise attenuation and I feel that there should be additional controls applied.
I would recommend that amplified live and recorded music only be played between the hours of 10:00 and 23:30, except for New Year’s Eve where music should finish by 01:00 hours.
I would also propose the following condition: ‘Music noise shall not exceed a 50 Decibels in the 63Hz octave frequency band when measured over a 5 minute period 1 metre from the façade of the nearest residential dwelling at any time.
I would recommend that the hotel employs the services of an acoustician to create an onsite monitoring point that equates to the above limit so that it can take measurements using a type -2 integrated sound level meter. I understand there is a noise limiter device at the marquee which should also be set not to exceed the above limit. Ideally this should be capable of measuring low frequency noise. A noise management plan would also be useful to enable the hotel to respond to complaints. Again, an acoustician could help with drafting this.
The venue ought to consider erecting a purpose built sound insulated music room in the long term which would relax the controls around amplified music, particularly with regard to finishing times.
Further comments following the submission of a Noise Management Plan:
In addition to my previous comments with regards to time restrictions and noise limits, I would suggest that the applicant controls music noise from the marquee in accordance with the Noise Management Plan submitted within the acoustic report dated 8th March 2019.
District Environment Health Officer (Health and Safety and Licensing): I have been to Sprowston Manor, and the pins are concreted from when the structure was put up, and a visual check of the structure is on-going. There are some minor maintenance issues, but these will be sorted. No conditions required.
Norfolk County Council as Highway Authority: A desktop study of this proposal indicates it would be very difficult to maintain that any detriment to highway safety will result and I therefore have no objection to the granting of permission.
Pollution Control Officer: No objection.
PARISH/TOWN COUNCIL: Sprowston Town Council: The Town Council is opposed to the granting of this application on the grounds that the marquee is close to residential properties, and with the proposed development in Sprowston, will be even closer. However the Town Council would not object to an extension of two years.
Rackheath Parish Council: No comments received
REPRESENTATIONS: 21 Hall Wood Road, Sprowston: The Sprowston Manor Marquee 5 year additional retention application is a concern as the noise very late in the evenings does keep us awake. Although we do listen and try to hear which song it is. We are not against it as Sprowston Manor has always been there but it is loud and late and we can hear it with the windows closed.
This should be taken into consideration as some people are closer. The big concern is they are going to build either side of Arnups wood which should have never been passed in the first place and is terrible and if they do I would reject the application as it would not be acceptable for the new development house owners.
24 Hall Wood Road, Sprowston: Whilst we do not object to the renewal of the Application we would like to point out that on several occasions during the past year the music from the marquee can be clearly heard at Hall Wood Road.
I do not know what time they are currently permitted to play music to but on several occasions it has gone passed 11.00pm.
My only comment therefore is that if the music could be limited to a cut-off point of 11.00pm that would be greatly appreciated.
10 Everett Close, Sprowston: My comments are with regard to the noise levels and if the acceptable limits previously set in application 20110592 comply to the guidelines given the new housing built closer to the marquee in the last 5 years from the latest application, and ensuring these limits are applied.
I am not against the marquee and hope it can remain, although do request the noise levels are kept reasonable as there have been particular nights (mostly at weekends) when the noise has been excessive and caused disturbance late into the night. There was a particularly loud night over the summer which led to complaints and the noise has been more reasonable since which I am grateful for.
I was unable to locate the plan reference TG1 in application 20110592 which lists lines A-B and C-D as where the sound limits are to be met, but ask that a check is made that these still meet the noise guidelines (previously GS3 and CS14) given the new housing built along Everett Close and Mallard Way to the South of the marquee location which have been constructed since the original noise limits were set.
With the occasions over the summer I referenced previously when the sound became unacceptable can I also ask that checks are made to ensure they comply with the sound limits and the planning be revoked if they fail to do so, in the hope we never get close to this and everyone can party and sleep happily.
11 Everett Close, Sprowston: Our comments and objections to this application are based around disturbance due to noise and would request that restrictions are placed on the usage and times of the marque so that neighbours are not affected.
We live on the housing site adjacent to Sprowston Manor our home is approximately 800m away from the existing marque.
We have had several instances of music being played loudly until 12-1am when functions are held, we have triple glazing but could still make out what the songs were due to the volume. We have called Sprowston Manor and added to Twitter but never received a response. The most recent complaint was made on the 24th November 2018.
I suspect that complaints due to noise have been limited previously as the site has not been fully occupied however most of the homes are now sold and lived in so more people will be affected.
17 Everett Close, Sprowston: We are the householders who live the closest to the marquee, and have some concerns. The issue is the noise of the music from the marquee, late at night. We've heard this a few times previously, since we moved house here, on October 2018. This music noise was very loud and it kept us awake at night, while it continued. As we could hear this noise in the winter with our (triple glazed) windows completely shut, we are very concerned about the noise level in the summer, when we will have our windows open at night. Quite honestly, this noise is something we would prefer not to have at all. I know we are not the only householders affected by this noise, but just to reiterate, we are the householders on our site closest to the marquee.
15 Jobie Wood Close, Sprowston: Whilst not objecting to this application, I would like a late night time of 11.30pm imposed as far as noise is concerned, as just recently music has been very loud and carrying on well past that time, which I can hear from our bedroom about 600 yards from the Marquee.
2 Mallard Way, Sprowston: I do not believe that Sprowston Manor should be affected by additional house building on Mallard Way. They should be allowed to conduct their business as they see fit. The marquee has never been a problem for us and we live within close proximity of it.
SITE NOTICE: Site notice displayed: 11/12/2018
Site notice expired: 04/01/2019
POLICY FRAMEWORK: Joint Core Strategy for Broadland, Norwich and South Norfolk 2011 as amended 2014: Policy 1 – Addressing climate change and protecting environmental assets Policy 2 – Promoting good design Policy 5 – The economy Policy 8 – Culture, leisure & entertainment
Development Management (DPD) DPD 2015 Policy GC1 – Presumption in favour of sustainable development Policy GC4 – Design Policy EN2 – Landscape Policy EN4 - Pollution Policy TS3 – Highway Safety
Sprowston Neighbourhood Plan 2014 Policy 2 – Promoting good and appropriate design Policy 6 – Local employment opportunities
Other Material Considerations:
National Planning Policy Framework (NPPF) (2018)
Planning Policy Guidance (2014)
PRE-APPLICATION ADVICE: No pre-application advice sought regarding current application.
PLANS AND DOCUMENTS: Location Plan, Dwg No: 01 – SMCC 2018, received 3 December 2018 Site Plan, Dwg No: 02 – SMC 2018, received 3 December 2018 Site Plan II, Dwg No: 03 – SMC 2018, received 3 December 2018 Elevations, Dwg No: 04 – SMC 2018, received 3 December 2018 Additional Noise Management Plan, received 11 March 2019
CIL LIABLE: - Marquee has been in place for a number of years and therefore is not considered to be additional floorspace – therefore not CIL Liable.
ISSUES: This application has been considered against the Development Plan for the area, this being the Joint Core Strategy (JCS) for Broadland, Norwich and South Norfolk (2011) as amended (2014), The Development Management DPD (2015) (DM DPD) and The Sprowston Neighbourhood Plan (2014). Other material considerations include The National Planning Policy Framework (NPPF) (2018) and The Planning Practice Guidance (2014).
The policies particularly relevant to the determination of this application are Policies 1, 2 and 5 of the JCS, Policies GC1, GC4, EN2, EN4 and TS4 of the DM DPD and Policies 2 and 6 of the Sprowston Neighbourhood Plan.
The application seeks the retention of a marquee on the site for an additional 5 year period at Sprowston Manor Hotel in Sprowston.
The marquee was originally granted planning permission in April 2006 for a temporary period until 31st December 2010 under planning application 20050272. An application was then approved in June 2011 which granted permission to allow the marquee to be retained on the site for an additional 5 years under application 20110592. A further application was then submitted under application 20150975 which granted permission for the marquee to be retained on the site for a further 5 years in August 2015. This application is therefore the third application which is seeking to retain the marquee on the site for a 5 year period.
Throughout this time period it was always stated that the marquee was to allow time for a more purpose built, permanent building to be erected however an application for this has clearly not come forward. The Local Planning Authority has raised concerns that there does have to come a point where the temporary permissions stop and a permanent structure is erected. This is especially the case as the situation at the site has changed since the previous applications in that there have been new residential developments built nearby, predominantly to the south of the site. This brings the nearest residential properties closer to the marquee than was previously the case. Some objections have also recently been received due to the noise generated within the marquee.
The Local Planning Authority therefore does have some concerns with allowing the marquee to be retained at the site for an additional 5 year period. Sprowston Town Council have suggested that a two year period would be more acceptable however the applicants have stated that they already have wedding bookings in the next two years or so which would have to be cancelled if this was the case. The Local Planning Authority therefore feels that it would be reasonable to grant permission for an additional 3 year period. It is considered that this period would allow the hotel business to raise capital to build a more purpose built, permanent building whilst also fulfilling existing bookings within the marquee.
The main issue to be considered in relation to the application is the impact of the proposal upon neighbour amenity, in particular the potential noise pollution which the proposal may create. During the course of the application some concerns have been raised by neighbouring residents which have all made reference to the noise and disturbance that the marque generates and some concerns about the late time of this noise.
The Council’s Environmental Health Officer has provided comment on the application and confirmed that several complaints were received in November last year regarding loud music at the site. The Environmental Health Officer requested that a Noise Management Plan was produced and this has been subsequently submitted with the application. The Environmental Health Officer has supported the proposals to restrict the Marquee to additional 3 years and has also requested 3 conditions are added to the decision notice. These conditions limit the time that amplified live and recorded music can be played in the marquee, the level of music noise and a condition stating that the music noise from the marquee shall be controlled in accordance with the Noise Management Plan which was submitted as part of the application.
It is considered that with the above conditions appended to the decision notice it will control the level of noise from the marquee and time that the music can be played until. It is considered that with the imposition of these conditions the marquee should not cause excessive noise pollution or disturbance to any neighbouring residents and therefore the proposal is considered to comply with Policies GC4 and EN4 of the DM DPD.
The marquee is positioned to the rear of the Hotel and is not clearly visible from the wider area. Given the position and location of the marquee it is not considered that this structure will have any detrimental impact upon the general character and appearance of the area.
The application will also support a local business and help to provide employment in the area in accordance with Policy 5 of the JCS and Policy 6 of the Sprowston Neighbourhood Plan.
In light of the above information the application is considered to represent an acceptable form of development and is considered to accord with The Policies 1, 2 and 5 of the JCS, Policies GC1, GC4, EN2, EN4 and TS4 of the DM DPD and Policies 2 and 6 of the Sprowston Neighbourhood Plan. The Local Planning Authority has taken a proactive and positive approach to decision taking in accordance with the requirements of paragraph 38 of the National Planning Policy Framework.
RECOMMENDATION: APPROVAL – subject to the following conditions:
1. E3 - The development hereby permitted shall not be carried out otherwise than in accordance with the plans and documents listed below.
2. NS – The marquee hereby permitted shall be removed and the land restored to its former condition on or before 21st March 2022.
3. NS - Music noise from the marquee shall not exceed a 50 Decibels in the 63Hz octave frequency band when measured over a 5 minute period 1 metre from the façade of the nearest residential dwelling at any time.
4. NS - Music noise from the marquee shall be controlled in accordance with the Noise Management Plan submitted within the acoustic report dated 8th March 2019.
5. NS - Amplified live and recorded music shall only be played between the hours of 10:00 and 23:30, except for December 31st when all activities shall cease by 01:00 hours on 1st January.
Reasons for conditions:
1. R15 - For the avoidance of doubt and to ensure the satisfactory development of the site in accordance with the specified approved plans and documents.
2. To safeguard the amenities of the adjacent residential properties in accordance with the criteria specified in Polices GC4 and EN4 of the Development Management DPD 2015.
3. To safeguard the amenities of the adjacent residential properties in accordance with the criteria specified in Polices GC4 and EN4 of the Development Management DPD 2015.
4. To safeguard the amenities of the adjacent residential properties in accordance with the criteria specified in Polices GC4 and EN4 of the Development Management DPD 2015.
5. To safeguard the amenities of the adjacent residential properties in accordance with the criteria specified in Polices GC4 and EN4 of the Development Management DPD 2015.
SIGNATURE: Christopher Rickman DATE: 21/03/2019