The applicant seeks the removal of part of Condition 5 attached to an existing, but un-realized, planning consent 18/04797/FUL which would convert the use of the premises from night club (sui generis) to pub (A4). Among features proposed is a partially roofed outside drinking area at the rear of the property in what is presently the ‘garden’, the ‘Pergola,’ and an open area extending to the south boundary.
Due to noise nuisance from high volumes of traffic on the Paragon many Bladud Buildings residents have their bedrooms at the rear of the property. In addition, the main Bath YMCA building is a short distance to the south west. Finally, numbers 45 and 47 Walcot Street, which incorporate existing and proposed residential accommodation on upper floors, occupy a position immediately to the south of the premises. This is therefore a highly noise sensitive location, particularly at night, and the introduction of an open, or partially open, drinking area at the rear of 7 Bladud Buildings is likely to have a severely adverse impact on the amenity of local residents contrary to Policy D6 of the council’s adopted Placemaking Plan.
The premises licence at 7 Bladud Buildings provides for closing times for the sale of alcohol of 02.00 Monday to Thursday, 03.00 Friday and Saturday and 22.30 on Sunday but makes no separate reference to the open area at the rear. In considering application 21/04797/FUL the Council was therefor right to impose Condition 5 which specifies that ‘The external area at the rear of the premises hereby permitted shall be closed to the public and cleared by 23.00 hours from Sunday to Thursday and Bank Holidays and by 00.00 hours on Fridays and Saturdays and the use of this outside area shall cease twelve months from the date the approved use commences unless a further permission is granted’. The effect of Condition 5 with its reference to re-application after twelve months omitted as requested by the applicant, is that the alternative available to the LPA, should the applicant fail to comply with the time limits specified, would be enforcement action, a time-consuming and sometimes complex process which could subject local residents to a prolonged period of noise and disturbance at night.
The applicant has it in his power to ensure continued use of the rear of the property by complying fully with the requirements of Condition 5 while making a timely application for a further consent.
TARA asks that Condition 5 be retained as it stands and that the above referenced application be REFUSED.