DCS Ref: 100-066-515 Written reps Year of Decision: 2010 Inspector: J WILDE
County: LONDON Summary of Decision: DISMISSED
Description:
Variation of condition on planning permission for Fan museum in residential terrace. Condition restricts occupation of ground, first and basement floors to musum us. Intent to use for hospitality and functions for 40 events per annum , use of outdoor patio area and max of 70 guests to end at 23.00pm. Elevated patio adjoins residential gardens and use for 40 events pa would result in unacceptable overlooking of residential gardens and windows. Planting would not mitigate all overlooking or noise and disturbance generated. Even a reduction in number and hours would still result in unacceptable amenity loss in a private and relatively secluded area. Notes adequate evening onstreet and public parking available nearby and no evidence of traffic congestion harm but not outweigh amenity loss. Abstract:
A museum in south-east London was prevented from holding private functions because the events were likely to undermine the amenity of local residents.
The appellants wished to hold no more than 40 events a year with each event limited to a maximum of 70 people and each finishing no later than 11pm. In the case that the finishing time was unacceptable, an earlier time of 8.30pm limited to 30 gatherings was acceptable, they claimed. They also stated that unofficial events in the past had not led to complaints from residents.
The inspector noted that the garden associated with the museum abutted another property and views into the garden could be obtained. In his opinion, a gathering of up to 70 people would lead to unacceptable levels of noise and, particularly in the summer months, an undesirable reduction in the privacy and seclusion enjoyed by existing residents due to overlooking of adjacent gardens. Even a sedate function could result in a relatively high degree of background noise, he decided, and the proposed controls would fail to ensure that residential amenity was protected.
COMPASS Index Terms | Issue Codes | | 660 | | Too little on site parking | | 670 | | Development would cause pressure on parking elsewhere | | 700 | | Noise generated by proposal which would affect neighbours etc | | 702 | | Noise or disturbance directly caused by unsocial hours | | 711 | | Overlooking of existing properties | | 730 | | Loss of amenity caused by general pedestrian activity | | |
| Development Codes | | 606 | | museums | | |
| Appeal Codes | | 050 | | Variation of conditions of planning permissions | | |
| Proposal Codes | | 70 | | Opening hours or operating hours - Removal or variation of conditions | | 89 | | other - Removal or variation of conditions | | |
| Site Codes | | 07 | | Residential inner urban -- Post August 06 cases | | |
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