Live band music incapable of mitigation

The conversion of the upper floor of an office building in west Yorkshire to a flat would not be permitted under Class O of Part 3 to Schedule 2 of the GPDO 2015 because of the adverse effects of live bands playing at a pub next door.

Both the appellant and local authority accepted that internal noise levels within the proposed flat would be unacceptably high in the absence of suitable mitigation. The appellant’s consultant claimed that internal noise levels could be reduced by the use of secondary glazing, installing an acoustic door and insulating the cavity wall. The local authority asserted that the transmission of noise also occurred through the beams and joists and therefore the ceiling and floor would need to be insulated.

An inspector agreed that it was not clear as to whether the noise could be adequately mitigated and retro fitting acoustic insulation could often be problematic. As the pub was physically attached to the appeal building a precautionary approach was justified since installing adequate measures to all the joists and beams could prove unachievable.

Inspector: Adrian Caines; Written representations

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