Agenda item

Use of part ground and part lower ground floors for retail, café and restaurant purposes (sui generis). Creation of new entrances and new shopfronts on both Coventry Street and Haymarket frontages and associated works, including lighting.

Additional representations were received from Environmental Health (30.03.2017) and from the applicant (undated).

The presenting officer tabled the following deletion and replacement of condition 7 and revised conditions 14 and 25:

Delete Condition 7

(1) Where noise emitted from the proposed internal activity in the development will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the internal activity within the ^IN; use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm,, and shall be representative of the activity operating at its noisiest.

(2) Where noise emitted from the proposed internal activity in the development will contain tones or will be intermittent, the 'A' weighted sound pressure level from the internal activity within the ^IN; use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the activity operating at its noisiest.

(3) Following completion of the development, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:

(a) The location of most affected noise sensitive receptor location and the most affected window of it;

(b) Distances between the application premises and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

(c) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (a) above (or a suitable representative position), at times when background noise is at its lowest during the permitted hours of use. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

(d) The lowest existing LA90, 15 mins measurement recorded under (c) above;

(e) Measurement evidence and any calculations demonstrating that the activity complies with the planning condition;

(f)  The proposed maximum noise level to be emitted by the activity.

New Condition 7

The design and structure of the development shall be of such a standard that it will protect commercial users within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors or more than 45 dB LAeq

Revised Condition 14

You must not sell any hot-food or drink to take-away from the restaurant element at basement level, nor operate a delivery service from any part of the development, even as an ancillary part of the retail and restaurant/cafe use (Sui Generis).

Revised Condition 25

Customers entering or leaving the retail/cafe/restaurant use after 23.00, must not use the entrance on Haymarket.

RESOLVED:

That conditional permission be granted, subject to amendments to conditions 7, 14 and 25 as set out above, a further amendment to condition 14 prohibiting any ancillary take away sales from the café on the ground floor after 23:00 and an additional condition ensuring that the basement bar area does not exceed 15% of the floor area and a maximum of 65 customers.