Plans for "controversial" pub set to be granted despite concerns over ‘noise nuisance and general disturbance’

The proposals would see a pub and outdoor seating at a former farmhouse at Deer Park Farm which has been converted into a café, with opening hours from midday to 9pm Monday to Sunday.

Permission was refused for the scheme in December 2021, due to “unacceptable levels of noise nuisance and general disturbance to local residents.”

However, a report by planning officers states that the “bar opened before a decision was made to refuse the proposals in December 2021”.

“The application is being considered by Planning Board due to the “controversial nature of the proposal.”

In September 2021, the site was granted a variation of their license to alcohol from 10am to 9pm, Monday to Saturday and 11pm to 9pm, on Sundays.

The report adds that “The application was submitted in July 2021, though the bar opened before a decision was made to refuse the proposals in December 2021.

“In view of the fact that the public house had already opened, enforcement action was authorised to secure the cessation of the use of the building as a bar.

“A meeting was subsequently held with the applicant’s agent at the end of January 2022 where an agreement was reached to temporarily allow the bar to open until 6pm (albeit without planning permission), subject to the requirement for the submission of a further planning application in an effort to address the reasons for refusal.

“No revised application was submitted at that time and on occasions the bar remained open until after the agreed 6pm time period.

“This was further compounded by separate requests to the Council’s Licencing Service to open later than 6pm, demonstrating that the applicant clearly intended to continue to breach the agreed 6pm closure time.

“The opening of the bar without planning permission was something that the applicant chose to do at risk and the agreement for it to continue to open until6pm was an offer from the Council to be flexible in respect of any enforcement action to be taken.

“As there were continued breaches of this agreement, a Temporary Stop Notice was served on 9th March 2022 requiring the bar to close for a period of 28 days, during which time the Council will consider what formal enforcement action to pursue.

“The applicant subsequently closed the bar and the building remained closed for several months, and so no formal enforcement action was pursued.”

To mitigate the reasons for refusal, the applicant proposes to remove outdoor seating from the south-eastern elevation of the development; provide new outdoor seating screened by another building and solid timber fences; and provide internal toilets.

RMBC received 160 comments supporting the application, four objections and one neutral representation.

The report adds: “It is noted that a number of local residents who live adjoining the site have objected to the proposals in terms of noise nuisance and disturbance from the public house and external seating area, which at one point was in operation, albeit under different circumstances to that currently proposed.

“It is noted that the proposal has the potential to cause noise and disturbanceto residents immediately neighbouring the site, some of whom have objected to this application.

“However, it is noted that the applicant is proposing to put in place noise mitigation measures for the site which should alleviate some problems with noise and disturbance, and it is considered reasonable to allow a temporary planning permission.”

Officers recommend that permission is temporarily granted for 12 months, when RMBC will further asses any impact on residents.