A Planning Application has been submitted for a site on Blundell Street that will be a neighbour to the popular and much valued 24 Kitchen St. The Application No. 16F/1889 has been recommended for approval at the Planning Committee meeting tomorrow Tuesday 20th December at 11.30am.

Documentation can be found here:

Engage supports both residential development and a night-time economy that is appropriately designed and responsive to one another. In this case the night club was here first and it is only right that the developer should ensure that future residents are not inconvenienced to such an extent that they seek the future closer of the club so they can enjoy a quiet life. Soundproofing is essential to a degree that enables both the business to continue and have a future and the residents to enjoy their new apartments.

24 Kitchen St stated in their objection:

Advice given in National Planning Policy Guidance (NPPG) is highlighted in the application, which requires the local planning authority to give careful consideration to, “The potential effect of a new residential development being located close to an existing business that gives rise to noise…This is because existing noise levels from the business even if intermittent (for example, a live music venue) may be regarded as unacceptable by the new residents and subject to enforcement action. To help avoid such instances, appropriate mitigation should be considered, including optimising the sound insulation provided by the new development’s building envelope. In the case of an established business”. It goes on to state that “an existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put upon them because of changes in nearby land uses since they were established.” Thus, the onus is on the applicant to ensure that the proposed residential development is constructed with appropriate noise mitigation measures. Finally, residential development approved in Southwark in 2014 adjacent to the Ministry of Sound nightclub, is highlighted. A determining factor in the Council’s decision to grant permission was the developers agreement to a ‘Deed of Easement’ whereby the future residents of the building waived their right to make any complaints about noise from the Ministry of Sound through a clause specified in their conveyance. Should the City Council be minded to grant approval for this application, a similar safeguard would be necessary to ensure that the existing legitimate and lawful uses of 24 Kitchen Street could be able to continue unfettered.

However the Officer Assesment stated:

The applicant has been asked to consider whole house ventilation for this development but is not willing to introduce a very costly system which has not been requested on nearby residential schemes, particularly and alternative ventilation measures are proposed within the submitted acoustic package. The developer is also unwilling to accept any limitation upon future residents to raise concerns in respect of noise nuisance in the future should they wish to do. Such a restriction would not be acceptable to investors and could impact upon value of the apartments. Similarly this arrangement has not be put in place across the board in the area. 24 Kitchen Street has sound insulation measures to limit noise break out from the premises.