QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
(sitting as a High Court judge)
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THEODOROS GEORGIOU | Claimant | |
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SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT | Defendant |
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WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
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(Official Shorthand Writers to the Court)
Ms Justine Thornton (instructed by the Treasury Solicitor) appeared on behalf of the Defendant
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Crown Copyright ©
Introduction
"The existing shopfront which comprises of bi-folding doors shall remain fixed shut throughout the duration of the use of the bar/restaurant."
"To protect the amenities of adjoining occupiers (Policies 7, 29, 33 and 36 of the Unitary Development Plan)."
Background
Inspector's decision letter
""... whether or not condition 4 should be retained in order to mitigate actual and potential noise nuisance arising from the bar/restaurant use."
"In my judgment, on the balance of probability there would be likely to be occasions - perhaps many occasions - when with the doors open the noise from Aquum, whether generated by the customers themselves or by the internal sound system, would not be adequately contained within the premises, but would be heard in the immediately surrounding locality, sufficient to constitute a noise nuisance. In my opinion, the doors are needed effectively to screen the interior of the premises from the exterior, and thereby to contain any noise and that can only occur if they are kept closed. That is why I do not propose to delete condition 4."
Finally, in paragraph 12 the inspector stated:
"I have considered all the other matters raised by the appellant, but they do not alter or outweigh my conclusions on the main planning issue. These are that, in order to mitigate actual and potential noise nuisance arising from the bar/restaurant use, and to comply with the relevant UDP policies, condition 4 should be retained. Accordingly, I dismiss the appeal."
Submissions
Conclusion
Overall conclusion
"Fee for advice, conference and documents £2,500."