Firstly, there is a further story in todays Wigan Evening Post. Wigan Council has rejected the nightclub planning application. The full decision, assessment and reasons is as follows:- Development Proposed: Change of use of part of first floor of public house to permit additional use of existing function room as a nightclub Location: The Fleece Hotel 9 - 11 Warrington Road Ashton-In-Makerfield Wigan Ward: Ashton Relevant Policy/Policies in Replacement Wigan UDP: Site Description: The application site consists of the Fleece public house located on the junction of Warrington Road, Heath Road and Butchers Lane. The building is a part-two, part-three storey stone faced building with an associated yard to the rear. Whilst the address of the property is 9 - 11 Warrington Road, part of the first floor of the property extends above the adjacent shop units at 5 and 7 Warrington Road. Access to the function room can be obtained either internally through the public house, or via a separate doorway which leads directly from Warrington Road to the first floor of the property. The building attached to the north is a three storey red brick building. This building has retail uses at ground floor, but has residential accommodation above. Proposals: Change of use of part of the first floor of the public house to permit additional use of the existing function room as a nightclub. The part of the building subject to the change of use is outlined above. It is proposed that the nightclub will operate on Thursday, Friday, and Saturday between 7pm and 4am. Policy Context UDP Allocation: The site is located within the defined Ashton town centre and the Ashton Town Centre Conservation Area. Previous Relevant Decisions: There have been no previous relevant planning applications. A variation to an existing Premises Licence to permit use of the function room until 04:00 on Thursday to Saturday nights was approved by the Licensing Committee in June 2015. Consultations: Environmental Protection - The proposed development shares a party wall with a residential dwelling leading to unacceptable noise levels within the dwelling which would preclude development. Representations Councillors Hodgkinson, Ash and Bullen have raised objections to the proposals. 127 letters of objection have been received in relation to the application, although a significant number are duplicate letters, and the points of objection relate to: - Additional noise would cause a nuisance; - The pub is already very noisy; - The proposal would result in an increase in anti-social behaviour; - Proximity of the building next to churches and a graveyard. Assessment The application falls to be considered in respect of saved Policies S1B and EV4A of the Replacement Wigan UDP and Policy CP17 of the Wigan Local Plan Core Strategy. No external changes will occur as part of the proposals and therefore the proposals comply with Policy EV4A. Policy S1B of the UDP permits nightclubs in designated town centres provided that they are of a scale and character of the centre, that the viability and vitality of the centre is not harmed, and the proposed use is compatible with surrounding land uses. Core Strategy Policy CP17 seeks to ensure development is planned so it does not have an unacceptable adverse impact on the amenity of neighbouring properties. The public house is a long established use located on the edge of the defined town centre. The function room is located at the first floor of the building and extends above the two neighbouring retail units. It also adjoins the neighbouring building at 3 Warrington Road which contains a number of residential units on the first and second floors including some, on both floors, sharing a boundary with the existing function room. As a result of this Environmental Protection officers have objected to the proposals as the noise that would be created by the proposed nightclub use would lead to unacceptable levels of noise within the neighbouring properties to a level that would preclude development. It is not considered that this noise could be suitably mitigated against in order to achieve a level which is considered acceptable. The proposal does not make provision for patrons to leave or enter the proposed nightclub other than through a doorway onto Warrington Road. Directly opposite this doorway are residential properties, and although located close to a busy road junction, such use at times when ambient noise levels and activity can be expected to decrease, will inevitably result in increased disturbance. Patrons are likely to congregate outside the premises in order to smoke and when leaving the premises and waiting for taxis. This will cause significant levels of noise for the residential properties in the area that may have taxis waiting outside their properties as well as groups of people at times when they can expect quiet enjoyment of their properties. A Premises Licence to use the function room until 04:00 on Thursday to Saturday nights was approved by the Licensing Committee in June 2015. However planning and licensing are separate regulatory regimes and operate independently of each other. Planning permission is required since in planning terms the function room operates as an ancillary facility of the public house rather than a separate entity as would be formed in the proposed nightclub use. In addition, the proposed nightclub would be open beyond the hours that the public house has a licence to operate and therefore cannot be considered an ancillary use. The proposed nightclub use is not compatible with surrounding land uses since the level of noise and disturbance will have an unacceptable adverse impact on the amenity of nearby residential properties and as such the proposals are contrary to Policies CP17 of the Core Strategy and S1B of the Replacement Wigan UDP. Observations on Representations Received Most of the points raised have been addressed in the report. - Proximity of the building next to churches and a graveyard. It is not considered that the use of a nightclub in a building already used as a public house would materially impact on the use of the adjacent church and graveyard. Conclusion: The application is contrary to national and local policies and is therefore recommended for refusal. Reasons: 1. The application property is located on the fringe of Ashton town centre in a position where it both immediately adjoins existing residential property and is in close proximity to further residential properties. The proposed use as a nightclub, with hours of opening until 4am, will have an unacceptable detrimental impact upon the level of amenity currently enjoyed by local residents, both as a result of noise ingress to adjacent properties from amplified sound, and in relation to increased noise and activity from patrons immediately outside the premises during hours when residents would have a reasonable expectation of quiet enjoyment of their properties. The use would therefore be contrary to the requirements of saved Policy S1B of the Replacement Wigan Unitary Development Plan and Policy CP17 of the Wigan Local Plan Core Strategy. Implications of the decision :- A nightclub is not permitted. The room is a function room and is an ancillary part of the public house. It cannot be used when the pub is shut. A regular use of the function room for any purpose past 12.00 midnight weekday (Sunday to Wednesday) 1.00 am weekends (Thursday to Saturday) requires planning permission. The main entrance to the pub is the only entrance/exit permitted for patrons. No other entrances can be used. (Excluding emergency exits). The local community will continue to monitor the situation. Any questions email - mouldingmichael@gmail.com Best wishes Mike Moulding