Change of use of clubhouse from D2 to E and events use at ground and lower ground floor, with first floor and roof level for indoor and outdoor sport and events use (sui generis).  Erection of a sound control lobby on the southeastern elevation.

The proposal sought planning permission for change of use of clubhouse D2 to E and events use at ground and lower ground floor, with first floor and roof levels for indoor and outdoor sport and events use (sui generis) and the erection of a sound control lobby on the south eastern elevation.

The application had been referred to the Committee by Councillor Streatfeild due concerns relating to impact of such use upon the existing residential amenity.

Members’ attention was brought to the main agenda papers and late observation sheet which recommended changes to condition 6 and 7 and an additional condition, 13. 

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speakers and officers which focused on noise. In response to questions, Members were advised by the Environmental Protection Team Leader that he was satisfied by the conditions included were enforceable and that the Environmental Health Team would have sight of the noise management plans to ensure that they were satisfied with the measures being proposed to ensure noise would be acceptable in planning terms.

It was moved by the Chairman and duly seconded that the recommendations within the report and late observations be agreed.

Members discussed the application, giving consideration to condition 6 regarding the number of events a year, noise management and traffic management.

It was proposed and duly seconded that proposed condition 6 be amended to a limit of 30 late night events.

The motion was put to the vote and it was lost.

Debate continued on the original motion.

The motion was put to the vote and it was

Resolved:  That planning permission be granted subject to the following conditions

1)The development hereby permitted shall be carried out in accordance with the following approved plans and details: 3034/05 Rev.01, A099 Rev.00, A0201 Rev.00

For the avoidance of doubt and in the interests of proper planning.

2) Within three months of the date of this permission, a noise management plan that incorporates noise mitigation measures as detailed in report 'Kingdom Penshurst - noise assessment and proposed mitigation' dated 16 June 2023, reference Ref Kingdom 230623.1CB and a timetable for their implementation shall be submitted to and approved in writing by the Local Planning Authority.  Further details of the noise management plan shall include details of the following:

- Designation of an on-site management coordinator - to manage and review the plan;

- A process for recording and managing complaints relating to noise and disturbance;

- Installation of sound limiting system and or sound ceiling and other noise management mitigation measures with a schedule of timings of installation and maintenance;

- The management of visitors leaving the premises and clean-up operation.

Within one month or sooner of completion of the all mitigation measures as approved, a post-completion noise survey must be been undertaken with the venue operating with an agreed set up and at an agreed time (to be representative of the proposed use) by a suitably qualified acoustic consultant, and a verification report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set out in the Report. If the mitigation measures tested in the post-completion report prove to be insufficient, additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), shall be submitted and approved in writing by the Local Planning Authority and installed and tested prior to operation.

The mitigation measures must be retained thereafter and any changes will require the approval of the Local Planning Authority in writing.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

3) Within three months of the date of this permission a car parking management plan that includes the demarcation of the existing on-site parking area(s) and timing of works shall, be submitted to and approved by in writing by the local planning authority.  The on-site car parking area(s) shall be maintained and retained for this purpose throughout unless otherwise approved by the Local Planning Authority.

In the interest of highway safety as supported by Policies EN1, T2 of the Sevenoaks Allocations and Development Management Plan.

4) Notwithstanding the provisions of The Town and Country Planning (Use Classes) Order 1987 (as amended) or The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any Order replacing or superseding this Order, the use of the building hereby permitted shall be limited to Class E and events use at ground and lower ground floor, with first floor and roof level for indoor and outdoor sport and events uses (Sui Generis) only.

 In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

5) The number of persons attending any particular event(s) within the building shall be limited to a maximum of 150.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

6) The building shall be limited to only 52 late night events that function after 2100 hours on any day within a calendar year. The venue shall not exceed 150 people at any such late night event.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

7) No event(s) which commence on Friday or Saturday shall take place outside the hours of 09:30 that day and 23:30, and no event which commences on any day between Sunday and Thursday will take place outside the hours of 09:00 that day and 23:00 the same day. All amplified and non-amplified music must cease by 23:00 hours on days between Sunday and Thursdays and 23:30 hours on Fridays and Saturdays.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5. EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

8) The openings in the façade of the building shall remain closed at all times during an event, when not immediately required for access/egress.

To mitigate against noise breakout from the building fabric and in order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

9) No further external lighting shall be installed on the site or affixed to any buildings on the site unless the local planning authority has first approved in writing details of the position, height, design, measures to control light spillage and intensity of illumination. Only the approved details shall be installed and shall only be in use in connection with the hours of use of the building when in occupation.

In order to safeguard the amenities of the visual amenity in accordance with Policies EN1, EN5, EN6 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Core Strategy.

10) No live or amplified music, shall take place on the roof and other terraces of the building subject to this permission.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

11) The external roof and ground floor terraces of the building shall not be used by any person after 21:00 hours on any day unless it is for maintenance or emergency purposes only.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

12) No fireworks shall be used on the site during events subject to this permission.

In order to safeguard the amenities of the occupiers of neighbouring properties and amenity of the National Landscape in accordance with Policies EN1, EN2, EN5, EN7 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Sevenoaks Core Strategy.

13) The existing festoon external lighting that serves the external roof and ground floor terrace(s) of the building shall not illuminated after 21:30 hours on any day.

In order to safeguard the amenities of the visual amenity in accordance with Policies EN1, EN5, EN6 of the Sevenoaks Allocations and Development Management Plan and Policy LO8 of the Core Strategy.