Agenda item

Refurbishment and upgrade of the Seymour Centre to provide leisure, swimming pool, library, flexible community/office space, health and fitness studios, beauty treatment rooms and a cafe. Flexible use for leisure, community and events spaces (Sui Generis). Refurbishment works to include: removal of the redundant swimming pool tank to facilitate the fitness suite at lower ground floor, relining the existing pool

tank, installation of photovoltaics on the inner roof slope and installation of an ETFE 'pillow' roof above the former courtyard and proposed soft play area, removal of the existing roof lanterns and wind catchers in the sports hall to be replaced with new double glazed roof lanterns and wind catchers and installation of secondary glazing to all the windows in the sports hall, removal of roof lantern above swimming pool to be replaced with a new double glazed roof lantern, removal and replacement of existing plant, provision of external private roof terrace (restricted access), minor internal alterations to walls and partitions to facilitate the reconfiguration of uses, improve accessibility with one lift in each core (4 lifts in total plus three platform lifts at first floor) and two new internal upper staircases on the eastern elevation plus two new internal staircases on the south-west of the first floor, external alterations to some windows and fenestration, and provision of cycle parking and waste and recycling facilities.

Late Representations were received from Marylebone Forum (07.07.23), Marylebone Society (10.07.23), St Marylebone Society Planning Committee (10.07.23), Marylebone Association (07.07.23) and Harrowby & District Residents Association (unknown)

The Presenting Officer tabled the following amendments to Condition 5 and an additional Condition.

Item 1: Ground Floor, Seymour Leisure Centre, Seymour Place, London, W1H 5TJ

In the verbal presentation tonight, officers will refer to:

A requirement for an amendment to Condition 5 (amendments in bold)

Amended Condition 5:

(1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the ’A’ weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at normal duty, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside the window of any residential property on Crawford Street, Seymour Place and Shouldham Street, unless and until a fixed maximum noise level is approved in writing by the City Council. The background level should be expressed in terms of the representative LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its normal duty for the assessed time period.

(2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the ’A’ weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at normal duty, 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 in writing by the City Council. The background level should be expressed in terms of the representative LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its normal duty for the assessed time period.

(3) Following installation of the plant and equipment, 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 confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for written approval by the City Council. Your submission of a noise report must include:

(a) A schedule of all plant and equipment that formed part of this application;

(b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;

(c) Manufacturer specifications of sound emissions in octave or third octave detail;

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

(e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

(f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when the plant and equipment will operate at the assessed duty. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

(g) The existing LA90, 15 mins measurement recorded under (f) above;

(h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;

(i) The proposed maximum noise level to be emitted by the plant and equipment at the assessed duty.

(j) Where the proposed maximum noise level exceeds the criteria in part (1), the applicant must demonstrate that the plant selections represent the best available equipment, and any mitigation measures represent best practicable means to control the noise. (C46AC)

New Condition 6:

(1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the ’A’ weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at normal duty, shall not at any time exceed a value of 5 dB below the minimum external background noise, at a point 1 metre outside the window of any residential property on the South façade of Macready House, unless and until a fixed maximum noise level is approved in writing by the City Council. The background level should be expressed in terms of the representative LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its normal duty for the assessed time period.

(2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the ’A’ weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at normal duty, 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 in writing by the City Council. The background level should be expressed in terms of the representative LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its normal duty for the assessed time period.

(3) Following installation of the plant and equipment, 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 confirming previous details and subsequent measurement data of the installed plant including a proposed fixed noise level for written approval by the City Council. Your submission of a noise report must include:

(a) A schedule of all plant and equipment that formed part of this application;

(b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;

(c) Manufacturer specifications of sound emissions in octave or third octave detail;

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

(e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

(f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when the plant and equipment will operate at the assessed duty. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

(g) The existing LA90 (15 minutes) measurement recorded under (f) above;

(h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;

(i) The proposed maximum noise level to be emitted by the plant and equipment at the assessed duty.

(j) Where the proposed maximum noise level exceeds the criteria in part (1), the applicant must demonstrate that the plant selections represent the best available equipment, and any mitigation measures represent best practicable means to control the noise.

TushnaGhadially addressed the committee in support of the application.

Tobias Hartung addressed the committee in objection to the application.

Yael Saunders addressed the committee in support of the application.

Councillor David Boothroyd in his capacity as Ward Councillor addressed the committee in support of the application.

Councillor Barbara Arzymano in her capacity as Ward Councillor addressed the committee in support of the application.

 RESOLVED UNANIMOUSLY

1.  That conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992 be granted.

2.  That conditional listed building consent be granted.

3.  That reasons for granting conditional listed building consent as set out in Informative 1 of the draft decision letter be agreed.