Mr Nick Cobbold is the Rushmoor Council case officer dealing with the complaint. He had a meeting with B&Q on Monday.
There are 2 relevant planning conditions of the original planning consent (00/00796/OUT) with regards to deliveries and noise on the site.
1. Condition 23 (Deliveries) states that: "No deliveries shall be taken at or be despatched from the retail unit outside the hours of 0700 and 2200 hours Mondays to Saturdays or 0800 to 1800 hours on Sundays."
This condition does not make any specific mention of the front or rear of the site and therefore it must be assumed that no deliveries whatsoever should be taken or dispatched outside these hours.
B&Q have committed to: Ensure that deliveries arrive in the specified times. It seems to be a problem with certain lesser used contractors who are not aware of the condition. These will be made aware of the condition.
2. Condition 24 (Noise) states that: "Outside of the hours 0700-2230 Mondays to Saturdays and 0800-1830 on Sundays, no activity shall take place within the site of the retail unit that would result in noise being audible at the boundaries with the adjoining residential properties."
This condition does not prevent work continuing on site beyond 2230, but specifically relates to noise being audible outside these times.
B&Q admit that they were in breach of this condition and promised to make every effort to overcome the problems.
B&Q have committed to: Carry out the noisier activities within the hours stipulated in the condition. They intend to resurface the service area (currently concrete) with a quieter tarmac. The nature of the store is such that works have to carry on over night (which is allowed by the condition) but the night manager was at the meeting and is aware of his responsibility with regards noise.
Environmental Heath have looked into complaints about noise and are happy that the noise problem has ceased -we will continue to monitor it from a planning point of view.
I will continue to keep a close eye on the site to ensure that they are complying with their conditions. Obviously, to some extent, I will have to rely on information from the local residents to inform me of any breach. If we continue to receive evidence that they are in breach of these conditions, further action will follow.
The following numbers are for the night manager and can be called at any time during the night if an immediate fix is needed to a noise problem. 01252 379601 or 379602.
