Micropub fails on noise

An inspector judged that the noise from a micropub in a mixed residential and commercial area of a Yorkshire town could not be adequately controlled by conditions and upheld enforcement action.

400-024-626 (Image Credit: Rotherham MBC)
400-024-626 (Image Credit: Rotherham MBC)

The micropub occupied a single storey building with dwellings in close proximity. Indoor seating could accommodate up to thirty patrons and additional outdoor seating areas had been created. Retrospective planning permission had been refused by the council and an appeal dismissed, an inspector deciding that a suggested planning condition requiring sound insulation of the building would not address the disturbance to neighbours from noise generated by the outdoor seating areas.

The inspector agreed with these conclusions but considered whether to grant permission in part as the council’s notice referred to the two distinct elements, constituting the change of use of the building and separately the construction of the two decking areas. However, she decided that even without the seating areas, noise and disturbance from customers congregating outside the building, or coming and going, could not be avoided. In deciding to dismiss the appeal she gave little weight to a claimed fallback of a garage workshop, pointing out that there would be less noise disturbance to residents in the evenings from such a use. She also noted the absence of a noise management plan, which could have been secured by condition.

Inspector: Laura Renaudon; Written representations

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