R. (on the application of Luminar Leisure Ltd) v First Secretary of State, J. Issacs Developments Ltd, J. Isaac Development Ltd, Royal Borough of Windsor and Maidenhead, J. Issacs Development Ltd

摘要

The Royal Borough of Windsor and Maidenhead refused to grant planning permission and Conservation Area consent for the demolition of a vacant warehouse and the erection of 28 dwelling units on a site at James Street, Windsor in Berkshire. On appeal the Inspector allowed both appeals. He imposed a condition that noise levels at the internal perimeter wall of the third floor in nearby nightclub premises should not exceed 100dB at 63Hz and 100dB at 125Hz. The claimant, Luminar Leisure, who operated the night club which adjoins the site and who had objected to the proposal, challenged the validity of the Inspector's decision to grant planning permission subject to conditions. Luminar were concerned that the proposed apartment block would stand too close to their premises to allow the sort of acoustic insulation to be installed that would be capable of preventing complaints from prospective occupants, given the nature and level of the noise emitted and the times at which those emissions occur. The effect would be to stymie the commercial development of a lawful use and could jeopardise the recent application to extend the duration of the operations until 04:00 and prevent any increase in the current level at which the "music" is played below the theoretical "design" level.