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The Committee received a Section 73 application.
The application
sought approval to remove condition 33 of permission 13/1041/S73 (noise levels
in external leisure/amenity areas).
The Officer
referred to additional third party representations contained in the amendment
sheet.
The Committee received a representation in objection to the application
from a local resident.
The representation covered the following issues:
i.
Solutions to mitigate noise levels
had not been looked at.
ii.
In June 2016 his family enjoyed a
summer on the private balconies, in late 2016 the road opened to traffic and he
has not been able to spend time on the private balcony.
iii.
Noise levels were 4 times larger
than those recommended by the World Health Organisation. These were very
serious noise levels.
iv.
The developer was seeking to
remove a condition that they never intended to comply with.
v.
The balcony was an important part
of the flats floor space.
vi.
Will lose a massive quality of
life and potentially reduced value of the flat.
Colin Campbell (Applicant’s Agent) addressed the Committee in support of
the application.
Ann Sinnott
(Petersfield Ward Councillor) addressed the Committee about the application:
i.
She was struck by the difference between what the
Objectors had said and what the Applicant’s Agent had said.
ii.
Despite what the guidelines said the road was
incredibly narrow and noise levels were dreadful.
iii.
Could not understand why the advice of the
Environmental Health Officer was disregarded, they stated that further
information was required and advised that winter gardens should have been in
place.
iv.
The request for the condition to be lifted
pre-supposed that the noise issue would not change but the noise in the area
would only get worse.
v.
The condition should remain.
Richard Robertson
(Petersfield Ward Councillor) addressed the Committee about the application:
i.
When residents bought and moved into the properties
it was with the benefit of condition 33 and the balcony being an amenity space.
ii.
Outdoor noise levels were not to exceed 60db.
iii.
Rejected the contention that balconies did not form
part of the amenity space. They were large enough to be used as an amenity
space and were used as such.
iv.
Turning the balcony into a winter garden would be inappropriate.
Acoustic barriers could be fitted and have the same mitigating effect.
v.
The developer had chosen to do nothing.
vi.
During pre-application discussions there was a
formal response regarding careful acoustic mitigation to achieve 50db limit but
this was not incorporated into the design.
vii.
The British standard had been addressed by
Environmental Health Officers but this should be designed to the lowest
practical level.
viii.
The developer could lay particular tarmac down
which created less noise and the speed bumps could be changed.
ix.
The amenity space behind the flats was public open
space this was different to amenity space provided by the balcony.
x.
Mitigation measures did exist and there should be a
condition requiring an acoustic panel in the balcony if the application was
approved.
xi.
An increase in noise from 50-60db was a 200%
increase.
xii.
Referred to a planning appeal decision where the
inspector thought an unacceptable noise environment was dependant on not
opening windows.
xiii.
Requested a deferral for the Committee to consider
the planning appeal decision and also questioned if the correct people were
notified as the number of residences notified of the application was limited to
3 or 4 residencies in Northern Road.
The Committee:
Decided not to defer the application as Cllr
Robertson had suggested as it was a long standing application already.
Resolved
(unanimously) to refuse the
application contrary to the officer recommendation for the following reasons:
Condition 33 should not be removed because
this would result in the continued harmful noise levels having an adverse
effect on the amenity of the occupants of the existing flats contrary to
Cambridge Local Plan (2006) policy 4/13.