Agenda item

Application 1: Installation of an air condenser unit located on the central section of the roof within a roof pocket of the enclosed communal stairwell with associated service runs adjacent to existing pipework on the external face of the internal lightwell to 77 Ashley Gardens.

Application 2: Installation of an air condenser unit located on the central section of the roof within a roof pocket of the enclosed communal stairwell with associated service runs adjacent to existing pipework on the external face of the internal lightwell to 79 Ashley Gardens.

Late representations had been received from a local resident (25.01.19); the Cathedral Area Residents’ Group (27.01.19); Councillor Selina Short (28.01.19); the applicant’s architect (28.01.19); and the applicant (29.01.19).

The Presenting Officer tabled the following proposed amended conditions:

“Condition 5

The Fujitsu units hereby permitted shall only be operated in setback modes between the hours of 23:00 - 07:00 when in operation.

Condition 7

(1)   Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, with the exception of the internal lightwell windows at Block 6, 71-83 Ashley Gardens unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

(2)   Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, with the exception of the internal lightwell windows at Block 6, 71-83 Ashley Gardens unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

(3)   Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:

(a)   A schedule of all plant and equipment that formed part of this application;

(b)   Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;

(c)   Manufacturer specifications of sound emissions in octave or third octave detail;

(d)   The location of most affected noise sensitive receptor location and the most affected window of it;

(e)   Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

(f)    Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when background noise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

(g)   The lowest existing L A90, 15 mins measurement recorded under (f) above;

(h)   Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;

(i)    The proposed maximum noise level to be emitted by the plant and equipment.

Condition 8

You must install the anti-vibration mounts as specified in the Acoustic Report prepared by Sustainable Acoustics dated September 2018, prior to the operation of the condenser unit hereby approved.  The anti-vibration mounts must remain in place for as long as the condenser unit remains operational.

Condition 9

(1)   Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 5 dB below the minimum external background noise, at a point 1 metre outside the internal lightwell windows of Block 6, 71-83 Ashley Gardens, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

(2)   Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside the internal lightwell windows of Block 6, 71-83 Ashley Gardens, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of  the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

(3)   Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:

(a)   A schedule of all plant and equipment that formed part of this application;

(b)   Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;

(c)   Manufacturer specifications of sound emissions in octave or third octave detail;

(d)   The location of most affected noise sensitive receptor location and the most affected window of it;

(e)   Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

(f)    Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when background noise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

(g)   The lowest existing L A90, 15 mins measurement recorded under (f) above;

(h)   Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;

(i)    The proposed maximum noise level to be emitted by the plant and equipment.

Condition 10 for 77 Ashley Gardens

You must not operate the plant/ machinery that we have allowed (other than to carry out the survey required by this condition) until you have carried out and sent us a post-commissioning noise survey and we have approved the details of the survey in writing. The post-commissioning noise survey must demonstrate that the plant/ machinery complies with the noise criteria set out in Conditions 7 and 9 of this permission and must include the cumulative impact of units permitted by planning applications reference numbers 18/01433/FULL, 17/03306/FULL and 17/03314/FULL.  Should this report suggest that any additional mitigation is required; the details of this should be provided to the Local Planning Authority for approval prior to its installation. You must not start work on this part of the development until we have approved what you have sent us. (Refer to Informative 4)

Condition 10 for 79 Ashley Gardens

You must not operate the plant/ machinery that we have allowed (other than to carry out the survey required by this condition) until you have carried out and sent us a post-commissioning noise survey and we have approved the details of the survey in writing. The post-commissioning noise survey must demonstrate that the plant/ machinery complies with the noise criteria set out in Conditions 7 and 9 of this permission and must include the cumulative impact of units permitted by planning applications reference numbers 18/01434/FULL, 17/03306/FULL and 17/03314/FULL.  Should this report suggest that any additional mitigation is required; the details of this should be provided to the Local Planning Authority for approval prior to its installation. You must not start work on this part of the development until we have approved what you have sent us. (Refer to Informative 4) 

Additional Informative 4 for 77 and 79 Ashley Gardens

With regard to Condition 10, for the air conditioning units permitted by planning application reference numbers 17/03306/FULL and 17/03314/FULL, predicted noise levels rather than a measured survey would be acceptable in order to discharge this condition.”

Councillor Selina Short addressed the Committee as a Ward Councillor, and on behalf of the other two Ward Councillors for St. James’s Ward, in objection to the proposal.

Claire Parsons from the Environmental Health Service also addressed the Committee, and provided technical advice. 

RESOLVED UNANIMOUSLY:

1:         That permission for both applications be refused, on the grounds that the air condenser units would be un-neighbourly, and would result in noise and disturbance for the existing residents; and

2:         That the reason for refusal would be agreed with the Chairman and issued under delegated powers.