Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Installation of 3 wall mounted air conditioning units on north (car park) elevation (as amended by plan nos. 010 Rev F and 011 Rev D received 02/11/17 and 14/11/17).

RESOLVED: That application 17/01858/1 be GRANTED planning permission, subject to conditions and reasons set out in the report of the Development and Conservation Manager.

Installation of 3 wall mounted air conditioning units on north (car park) elevation (as amended by plan nos. 010 Rev F and 011 Rev D received 02/11/17 and 14/11/17).

The Area Planning Officer presented the report of the Development and Conservation Manager, supported by a visual presentation consisting of plans, drawings and photographs of the site.

The Area Planning Officer advised that the placement of the air conditioning units had been changed at his suggestion and would now be placed inside the car park.

One of the issues raised had been the proposed installation of an extraction fan on the side elevation.

Ms Tracey Grainger thanked the Chairman for the opportunity to address the Committee in objection to application 17/01858/1.

Ms Grainger informed Members that when the residents bought their apartments at Church View, it was made clear by the joint estate agents, Country Properties and Putterills, the developer Whitebarn and solicitors acting for Whitebarn, that the planning consent for the retail unit, 1 Church View, whilst A3, was specified as ‘cafe use only', with such restriction specifically put in the lease by the developer to protect purchasers of the apartments.

Residents were advised in writing that it would most likely be a family coffee shop/deli with facilities for minor food preparation only. The lack of ventilation was emphasised to us as an important reason why it would never be viable as a hot food outlet. Opening hours were restricted from 8 am to 8 pm and we were advised there was no prospect of a license to sell alcohol ever being granted.

Mr Tom Rea, NHDC planning officer, confirmed that when the planning conditions for the old Post Office site were agreed, it was anticipated the retail unit would be a low key, discreet cafe in tune with this, up market, development and surrounding Conservation Area.

As new landlords, having recently purchased the freehold via Church View Hitchin Ltd, we have already advised the applicants through our solicitors, that what they proposed was outside the terms of their lease.

The original application was for 3 air con units on the outside, east elevation wall. Mr Rea was evidently not keen on this location, from both an aesthetic and security point of view and suggested an alternative site in our garage/car park, as per the amended application.

Either location, however, was very close to apartment balconies and windows and would have attendant noise pollution, smells and fumes which would negatively impact on our amenity and right of enjoyment of our homes, and we do agree with Mr Rea that the initial proposal was visually unsightly, not secure and prone to vandalism.

The second proposal in the undercover garage area would, in addition to reducing the space of our bike store amenity, potentially cause noise escalation plus impact on bikes/cars in terms of dust/spray etc.

Also, the units, as submitted, actually failed the NHDC noise requirements without the addition of noise reduction treatment in the form of large louvre covers. At this stage, no application has been made for these covers.

We have however agreed to consider an internal water cooled air conditioning system subject to acceptable noise levels.

The Chairman thanked Ms Grainger for her presentation.

The Area Planning advised that there were some louvered screens to be placed around the air conditioning units, which were included as part of the noise mitigation measures.

Following the suggested re-siting of the units Environmental Health requested a full noise survey which the applicant carried out. Once the results of this had been received the Environmental Health Officer considered that the mitigations would result in a noise level that was acceptable.

Members commented that strict conditions had been placed on the trading unit when it was first approved and queried whether these conditions could be taken into account when considering this application. There was some concern that residents purchased properties prior to the thought that any noise or smells would emit from the property below and queried whether there was any mitigation regarding potential smells.

The Area Planning Officer confirmed that the retail unit was granted A1 or A3 (café use), however the use of the unit was not being discussed, this application was purely regarding the air conditioning units.

Whilst looking at the air conditioning units, the Environmental Health Officer was asked to consider an extraction fan which serviced the interior of the café and the officer had commented on this.

The extraction unit was for the purpose of exchanging air within the café, it was not about fume extraction from heavy cooking facilities.

Members considered whether or not any conditions should be attached regarding any future potential noise and/or fumes and discussed that any noise issues would appear to have been dealt with and the reasons for the extractor unit had made clear and that this was not about fume extraction.

The Area Planning Officer advised that the applicant had submitted a maintenance programme regarding the air conditioning units and that Condition 3 covered the installation and maintenance of the equipment.

RESOLVED: That application 17/01858/1 be GRANTED planning permission, subject to conditions and reasons set out in the report of the Development and Conservation Manager.