Outdoor seating and smoking area at The Berliner, 6 High Road, Chilwell

What was proposed

The application sought to retain an outdoor seating and smoking area, with a sound-absorbing fence and swing gate as a revised scheme.

“Planning Committee 5 February 2025 Appendix 1. Details of the application 1.1 The proposal is to retain an outdoor seating/smoking area to extend the commercial area of property, and the construction of a sound absorbing fence and swing gate. This is a revised scheme.”

Officer report

The site and surroundings

The area is in a rear commercial courtyard within a conservation area, adjoining businesses and residential properties including a nearby home on Park Road.

“The outdoor area is situated in a corner area between the rear exit of The Berliner, a high wall denoting the boundary with The Hop Pole, and an outbuilding owned by the neighbouring Best Fabrics International Ltd. Access to the outdoor area can be achieved either through the rear door from The Berliner or via Park Road then under the first floor of the building into the main courtyard. The rear courtyard is open with adjoining businesses.”

“Planning Committee 5 February 2025 several drinking establishments, cafes and restaurants. The tram runs along the highway to the front. There are various usages to first floors, with many occupied as residential flats. To the rear and northerly, there are residential streets, with the nearest residential property no. Park Road to the northwest, with no. 2’s common boundary adjacent to the wider courtyard. Similar developments nearby: • No.”

Officer report

Earlier applications

Earlier permissions covered the commercial uses, while a previous application to retain the outdoor area was refused and its appeal was invalid.

“Planning Committee 5 February 2025 associated works carried out, with the following granted conditional permission: • 16/00707/FUL Change of use from retail (Class A1) to drinking establishment (Class A4) • 18/00576/FUL Change use from retail (Class A1) to bar/restaurant/cafe (Class A3 / A4) And refused: 23/00763/FUL Retain change of use of car park for outdoor seating/smoking area.”

Officer report

Consultation responses

Two neighbours supported the proposal, one objected, and Environmental Health opposed it because of noise complaints and inadequate acoustic fencing.

“Planning Committee 5 February 2025 5 Consultations 5.1 Five neighbours were consulted on the application, and a site notice posted, with three responses received, two in support of the proposal (including one immediate neighbour), and one immediate neighbour with the following objections: • Noise and disturbance • Impact on privacy.”

“These claims can be substantiated from noise monitoring carried out by Environmental Health. • The proposed fencing is not acoustic fencing as described in the Heritage statement. Acoustic fencing is designed to reflect or absorb unwanted noise and is constructed without gaps and of a density greater the 10kg per m. The proposed fence will not provide the noise attenuation of a certified acoustic fence.”

Officer report

Who spoke

The applicant made a representation to the committee before the general debate.

What members considered

Members noted nearby outdoor spaces, support from two neighbours, opposition from one, and that permission would cover the existing development without requiring acoustic fencing.

“The Committee considered all representations before it commenced the debate. It was noted that the development was next door to a public house with a garden, and that there were a number of bars with similar outdoor spaces in the immediate vicinity. It was also noted that two neighbours had sent in letters of support for the application, with one against.”

Minutes

The committee’s decision

The committee granted permission, delegating the precise wording and conditions, including operating hours and approved plans.

“RESOLVED that planning permission be granted with the precise wording of the approval and conditions, to include hours of operation and plans, delegated to the Chair of Planning Committee in agreement with the Head of Planning and Economic Development.”

“The development hereby permitted shall be retained and completed in accordance with: • Drawings received by the Local Planning Authority on 11 October 2024, and • Site Location Plan 1 :1250 and Block Plan received by the Local Planning Authority on 14 November 2024.”

Minutes

Conditions on the use

The beer garden was limited to daytime and evening hours, amplified or live music and speech were prohibited, and refuse movements were restricted.

“The beer garden shall be cleared and not be used by customers for activities associated with the premises including consumption or for customer smoking except between 12.00-22.00 hours Monday to Friday, 12.00-22.00 hours Saturdays, Sundays, Bank Holidays and other public holidays without the prior agreement in writing of the Local Planning Authority.”

“No Amplified music, amplified speech, live music or live speech shall be permitted in the beer garden at any time.”

Minutes