Pub beer garden plan is no longer barred
outdoor area.
One objector asked the DPEA: “Does the appellant really think that a member of staff is going to go out on to the deck at 6pm and tell people to pick up their meal (or drink) and move inside? Of course they won’t.
“There will simply be a slow creep, where people are left on the deck later and later, and it will be down to the neighbours upstairs to report the breach to PKC.
“By the time they act, it will be the day after, the manager will apologise, but the next night, or the next week, it will simply happen again.”
And another objector told the DPEA: “We are subjected to extremely noisy individuals screaming and shouting at each other, despite being within inches of one another in their drunken state as they go out for a smoke.
“The drunker they get, the noisier they get. Frequently the foul language used is completely out of order.
“We have to put up with this every Friday and Saturday night without let up.
“If you allow this proposal to go ahead the effect will be detrimental to the health, both mental and physical, of those directly above it.”
But upholding the appeal and granting consent for the outdoor area, DPEA reporter Robert Seaton said in his decision on the case: “I have no doubt that there is potential for an adverse effect upon the flats above the proposed development as a consequence of noise.
“However, I consider that the evening and night are likely to be the most sensitive time of day, when residents’ relaxation or sleep is most likely to be disturbed by noise and when the town itself and the immediate context of the proposed development is likely to be quieter.
“In my view, the proposed condition restricting hours of the proposed development’s use would limit the impact of noise to less sensitive daytime hours, when residents will tend to be awake and active.
“I find that there is the potential, should the proposed new rear door be used in the evening after 6pm, of noise disturbance arising for the flats above when patrons enter or leave the existing premises, even if the proposed development is not itself being used.
“I consider, however, that this may be addressed by including an express restriction on the use of the proposed rear entrance by patrons after 6pm.” Belhaven Pubs convinced the DPEA to overrule PKC’s planning refusal