Casebook: Appeal Cases - Food and drink uses - Lack of soundproofing thwarts longer hours

An application to modify a condition imposed on a permission allowing premises in Brighton to be used as a cafe and wine bar has been rejected on the grounds that insufficient details on noise insulation had been provided.

The appellant sought permission to open until 3am, extending the closing time of 8.30pm. He argued that any extra noise and disturbance caused by later opening would be minimal, a point disputed by the local planning authority. The inspector noted that another condition imposed on the permission required submission of a scheme for soundproofing the premises, yet no scheme had been presented to the local authority or the appeal hearing.

Although some information had been provided from the builders responsible for the conversion of the premises giving very brief details of the floor insulation installed, the inspector judged that this material was "wholly inadequate". The appeal proposal was unacceptable without a proper noise assessment, he concluded.

DCS No: 30785570; Inspector: Brent Mundy; Hearing.

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