Application to vary conditions 4 (hours of use of the building), 6 (use of the building)  and 9 (no amplified music) of SE/05/00972/FUL.

The proposal was a retrospective application under section 73A of the Town and Country Planning Act for permission to use an existing building with the variation of 3 conditions attached to the planning permission granted in 2005. It was proposed that the use be extended to allow boxercise classes rather than only the training of individuals, that opening hours for this use be extended but the office hours remain the same and thirdly that amplified music be permitted.

The application site was a detached wooden clad building within a trading estate which had no planning restrictions on its opening hours. It was within the Green Belt and an AONB.

The report advised that on balance the proposals would not have a detrimental impact upon the amenities of the occupants of neighbouring properties, nor have a detrimental impact upon highway safety or the visual amenity of the street scene and wider AONB and would not detract from the openness of the Green Belt.

Members’ attention was drawn to the tabled Late Observations sheet. It was noted that a Members’ Site Inspection had been held for this application.

The Committee was addressed by the following speakers:

Against the Application:       Jan Trask and Nigel West

For the Application:              James Amos

Parish Representative:         Cllr. Beverly Doherty

Local Member:                      Cllr. Mrs. Cook

The Chairman announced it was exceptional and contrary to usual standing orders but on this occasion two speakers against the application were being allowed to share the time between them.

Officers confirmed that previously approved noise mitigation measures had now been completed. In their comments Environmental Health Officers had proposed conditions with regard to noise but had not objected.

In light of comments made by speakers against the application, Officers confirmed that the Council had received correspondence in 2009 with concerns about noise created at the site. However the complainant had requested their details be kept confidential and without disclosing the identity of the complainant it was not possible to pursue the matter.

A Member asked for Officers to explain the scope of this section 73A application and whether it was just a request for a variation of a condition. The Legal Services Manager explained section 73A applications were retrospective and applicants would usually already be doing what they sought permission for. In the determination of such an application all material planning circumstances were relevant when considering the application. The Officer asked whether this had clarified the position and the Member confirmed that it had.

It was MOVED by the Chairman and was duly seconded that the recommendation in the report to grant permission subject to conditions be adopted.

The Committee raised concerns at the effectiveness of previous enforcement at the site.

Members discussed the levels of background noise at the site. Some felt the Sunday opening hours could be inappropriate while the Chairman had visited other sites on the estate at the weekend and found them operating.

Members noted that there was little ventilation in the building and this could cause discomfort in Summer months. An alteration to the motion was agreed that the use for classes be limited to inside the building.

A Member suggested that schemes to limit noise from amplified music from the site could include an automatic cut-out mechanism if the volume rises too high.

The motion was put to the vote and there voted –

8 votes in favour of the motion

6 votes against the motion

Resolved: That planning permission be GRANTED subject to the following conditions:-

1)         The following details previously approved under application 11/002874/DETAIL shall be maintained and retained hereafter: Windows:  The glazing on the side facing south will be constructed as double glazed units with one pane of glass being at least 4 mm in thickness and the other being at least 6mm thick with an air gap of no less than 16 mm. Whilst the air gap can be air or Argon if the gap is filled with Krypton a further 5 dB reduction can be achieved. These windows will be fabricated so that they cannot be opened. For those windows facing north or west, conventional thermal double glazing will be used.

To preserve the residential amenity of the neighbouring dwellings, in accordance with Policy EN1 of the Local Plan.

2)         The following details previously approved under application 11/002874/DETAIL shall be maintained and retained hereafter: Doors:  The double doors on the rear elevation will be covered with a 20 mm thick block board or MDF that can be held tightly in place whilst the hall is being used but that can be removed when the doors are required. All other doors and windows should remain closed when the building is in use to prevent noise escape.

To preserve the residential amenity of the neighbouring dwellings, in accordance with Policy EN1 of the Local Plan.

3)         No amplified music shall be played until details of a suitable noise level has been submitted to and approved in writing by the Council.  The approved scheme shall be implemented thereafter.

To preserve the residential amenity of the neighbouring dwellings, in accordance with Policy EN1 of the Local Plan.

4)         Notwithstanding the provisions of any development order, any external equipment (e.g. air conditioning units) will require planning permission before installation which will allow consideration of the noise implications.

To preserve the residential amenity of the neighbouring dwellings, in accordance with Policy EN1 of the Local Plan.

5)         The use of the building hereby permitted for the training of individuals partaking in physical training shall only occur from 08.30 to 21.30 hours on weekdays and Saturdays, and from 10.00 to 12.00 hours on Sunday, and the use of the building as an office shall only occur from 0800 to 1730 hours on weekdays and Saturday.  The building shall not be used at any other times, including public holidays.

To safeguard the living conditions of neighbouring residential properties, as supported by Policy EN1 of the Sevenoaks District Local Plan.

6)         The building shall only be used for office use (Use Class B1) and for the training of individuals for boxing or boxing related exercise classes (boxercise).  The building shall not be used for any other Business (Use Class B1) or Assembly and Leisure Use (Use Class D2).

To safeguard the living conditions of neighbouring residential properties, as supported by Policy EN1 of the Sevenoaks District Local Plan.

7)         No change in the use of the building other than as specified in condition 6 above is permitted.

To safeguard the living conditions of neighbouring properties, as supported by Policy EN1 of the Sevenoaks District Local Plan.

8)         The details of the access ramp approved under 11/02905/DETAIL shall be maintained and retained hereafter.

To prevent inappropriate development in the Green Belt as supported by GB2 of the Sevenoaks District Local Plan

9)         The development hereby permitted shall be carried out in accordance with the following approved plans: site plan dated 24th Oct 2011

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

10)       There shall be no training of individuals for boxing and boxing related exercise classes outside unit 19.

To preserve the residential amenity of the neighbouring dwellings, in accordance with Policy EN1 of the Local Plan