Bar, pergolas and stage at Land At Golf Links Road, Westward Ho!

What was proposed

Retrospective permission was sought for a bar and storage building, pergolas, a band stand shelter and associated works.

“Proposal: Retrospective application for the erection of a new bar and storage building, pergolas and proposed band stand shelter with the associated works. Recommendation: Refuse…”

Officer report

The site and surroundings

The site is a 965-square-metre town-centre tourism site beside a village green, highway, public toilets and nearby homes.

“Site Description The application site measures approximately 965 square metres and is located within the development boundary of Northam (including Appledore and Westward Ho!), which is designated as a 'Main Centre' in the adopted North Devon and Torridge Local Plan (NDTLP). The site also falls within the following allocated land designations:- 1. UNESCO Biosphere Transition Zone; Town/District Centre and Primary Shopping Area; Coast and Estuary Zone; 4.”

“The site is neighboured by the village green to the north, which is considered to be a well-used public open space and separates the Westward Ho! waterfront from its built-up area; the public, classified, highway to the east; public toilets immediately to the south, with a mix of commercial and residential properties beyond; and a mix of commercial and residential properties to the west.”

Officer report

Officers’ recommendation

Officers recommended refusal because the noise condition could not be imposed and no suitable alternative evidence or mitigation had been provided.

“Notwithstanding the above, in the opinion of your Officer the suggest condition restricting the Music Noise Level to below LAeq,15minutes 45dB at any time when measured at the boundary or façade of sensitive receptor locations, does not satisfy the Six Tests required for a planning condition and thus cannot be imposed on any granting of permission. Members may take an alternative view on this matter.”

“On the basis that the requested Music Noise Level condition cannot be implemented and a suitable alternative has not been presented; your Officer would have significant concerns regarding the impacts to the residential amenities of neighbouring occupiers.”

Officer report

Consultation and objections

Northam Town Council supported the proposal, while environmental protection raised noise concerns and no public representations were received.

“Second Consultation (received: 16 th September 2025) The previous consultation response provided by the Environmental Protection Team dated 25 April reads as follows: The Environmental Protection Team acknowledges the existing use of the application site as an external area for the consumption of food and drink associated with the nearby Guillemot licensed premises.”

“The noise limit of 45dB, measured at the boundary of façade of neighbouring noise sensitive receptors, has recently being raised by the applicant as being too restrictive. The Authority has received complaints, particularly in relation to ‘large’ events at the application site this year, which although not substantiated, do suggest that the noise limit is being or has been breached.”

Officer report

Who spoke

The agent spoke in support, a member of the public’s supporting letter was read aloud, and the ward member supported the application.

What members debated

Members discussed the venue’s popularity, unreliable noise evidence, event timing, surface water, licensing and the absence of neighbour objections.

“Members acknowledged the venue’s popularity but expressed concern that reliable evidence of sound levels, necessary to inform a suitable sound management plan, have not been provided. The Principal Planning Officer reminded Members that all aspects of amenity impact must be considered, such as the source of the noise, its frequency, local context, and the number of events. He emphasised that sound levels should not be assessed in isolation.”

“The Planning Manager emphasised that Officers support economic development. However, the key difference between the Officer’s position and that of the applicant relates to the noise assessment data used to inform potential planning conditions. Referring to a previous appeal case, the Planning Manager explained that the Committee cannot impose a condition requiring a noise surveys; instead, sufficient and credible evidence must be submitted at the time of the decision.”

Minutes

The vote

Members voted seven to one, with no abstentions, on a proposal to approve the application subject to conditions.

“It was proposed by Councillor Bushby, seconded by Councillor Smith that the application is approved subject to the conditions outlined above.”

“(Vote: For - 7, Against - 1, Abstentions - 0)”

Minutes

The committee’s decision

The committee approved the application subject to music-hour limits, a noise management plan and other relevant conditions agreed by officers with the Chair and Vice-Chair.

“That the application is approved subject to:”

“- The music cannot begin any earlier than 11am and conclude by no later than 11pm. - That a noise management plan be secured by condition with the condition wording to be agreed by Officers in consultation with the Chair and Vice-Chair. - Any other relevant conditions to be agreed by Officers in consultation with the Chair and Vice-Chair.”

Minutes