Live music venue amendment at BVSMNT venue (former Darwen Windows Ltd), Darwen

What was proposed

The application sought permanent permission, removal of the temporary-use condition, later opening hours and revised noise limits for a live music venue.

“Proposed development: Material Amendment for: Removal of Condition No. "notification of operational use commencing"; Variation of Condition No.5 "opening hours"; and variation of Condition No.”

Officer report

The site and surroundings

The site is the basement of a former mill in Darwen Town Centre Conservation Area, surrounded by commercial uses and residential areas to the west.

“The site is located within the Darwen Town Centre Conservation Area (CA), on the outer edge of the Town Centre boundary, so defined by the Adopted Polices Map for Darwen.”

“The local area is defined as mixed, with a range of commercial and service uses in immediate proximity to the north, south and east of the site. To the west, the area transitions away from a typical town centre / edge of centre mix to residential uses.”

Officer report

Earlier permissions and monitoring

Earlier permissions established the venue, soundproofing and limited hours, while a 12-month period allowed noise impacts and complaints to be monitored.

“The original application was approved under LPA ref. 10/22/0758, subject to restrictive conditions to guard against excessive noise transmission and consequent impact on residential amenity levels. Those conditions included a 12-month temporary permission; limited opening hours; maximum noise levels at the boundary of noise sensitive premises; and provision of a sound proofing scheme, in the interests of safeguarding amenity levels for the surrounding area.”

“The applicant or any successor in title shall notify the Local Planning Authority in writing, and in advance, of the date on which the operational use hereby approved shall first commence. The approved use shall thereafter be limited to a temporary period, ceasing no later than 12 months after the specified date of commencement.”

Officer report

What officers recommended

Officers recommended approval because soundproofing was installed, monitoring found no significant noise nuisance, and only one complaint had been received without further complaints.

“Over the course of the 12-month period, one complaint was received by the Council’s Public Protection team citing a low frequency bass beat. The complaint was investigated, including visitation by Public Protection offers to the complainant’s house during operating hours, when it was mutually agreed that no noise nuisance was audible. Since then, no further complaints have been received.”

“Pro-active nighttime monitoring by Public Protection officers has also been carried out. On each occasion, no substantive noise nuisance was observed.”

Officer report

What consultees said

Public Protection accepted later opening in principle but noted some bass and street noise, the need for management controls, and greater disturbance risk from later hours.

“However, with good management controls of the premises, any problems may be infrequent. In the event that approval of some kind is granted. Management controls can be imposed through the premises licence which will also need to be varied before the club can open.”

“Music Noise arising from the approved use shall not exceed Noise Rating 20 in the bedrooms of surrounding dwellings between the hours of 23:00 to 3:00 hours In the case of low frequency noise, noise from the approved use shall not exceed NR15 in the 63Hz and 125Hz octaves, in the bedroom of surrounding dwellings between the hours of 23:00 – 3:00.”

Officer report

Who spoke

[name withheld] was listed as the speaker and Grant Mizon as the applicant.

The committee vote

Councillor Brian Taylor did not vote because of a declared interest.

“Cllr Brian Taylor did not vote on the item due to his Declaration of Interest…”

Minutes

The decision

The committee approved the application subject to conditions, limiting the proposed Friday, Saturday, Sunday and bank-holiday closing time to 2am rather than 3am.

“Decision under Town and Country Planning Acts and Regulations –”

“RESOLVED – Approved subject to the conditions highlighted in the Director’s Report with a resolution that the proposal to amend Condition No5 “opening hours” was until 2am and not 3am (Friday, Saturday, Sunday/Bank Holidays).”

Minutes