“This proposal is currently creating a nuisance to neighbours, and as such is recommended for refusal.”
A planning application for the conversion of a former mechanics workshop into a 24/7 gym has been rejected, due to noise complaints about music being played late at night.
The building, next to 52 Killycolpy Road in Ardboe, is already operating as a gym, and current restrictions as to when music can be played appear to have been ignored, as reported by nearby residents.
The planning application was lodged by Darcon Architectural Services, Carrickmore, on behalf of Kevin Quinn, Ardboe.
In their report, Mid Ulster District Council Planning officers explained that they did not have any issue with the proposed conversion plans as such, from an architectural point of view: “The reuse of the shed for a gym [would] result in the replacement of the central roller door with glazing, maintaining the form and character of the shed.
“I do not consider that there are any architectural features of note on the existing building. I am satisfied that the reuse and conversion of this building [would] not have an adverse effect on the character or appearance of the area.”
However, the report goes on to note objections lodged by nearby residents, mainly due to noise issues: “There are a considerable number of residential third-party properties within the immediate vicinity of the site, with seven neighbouring properties within 75m of the existing building.
“Objections have been received from some of these residents who are affected by noise disturbance from the gym which is fully operational at present, and there is a current enforcement case ongoing at this site regarding alleged detrimental impacts of noise on nearby residential properties.
“The agent has confirmed that the gym will be available 24hrs and operated with a key fob to access by individual gym members, but that music or sound systems will only be available between the hours of 8am and 9pm, and this is controlled by the gym owner only via system settings.
“It has been reported that music is being played beyond these hours, with times recorded as late as 11.48pm.
“Although conditions could be placed on any planning permission to control noise emissions, this is likely to result in further enforcement action to monitor these.
“I am not satisfied that the proposal will not adversely affect the amenities of these residents in close proximity to the proposal.
“I do not consider that the proposed 24-hour-a-day, 7-day-a-week gym is an appropriate non-residential use in the countryside, particularly in close proximity to a number of third-party properties that have raised concerns about noise levels, which are operating outside of the stated times the applicant had claimed.
“I am of the opinion that the proposal harms the amenities of nearby residents, as it creates a noise nuisance.”
Grounds for refusal were summarised as follows: “There are no overriding reasons why this development is essential in this rural location.
“The proposal would, if permitted, unduly affect the amenities of nearby residents, and the nature and scale of the proposed use is not appropriate to a countryside location.
“The development would, if permitted, be incompatible with surrounding uses, harm the amenities of nearby residents and create a noise nuisance.”
The planning application was listed for determination at last Tuesday’s (November 4) Planning meeting of Mid Ulster District Council.
Principal Planning officer, Phelim Marrion stated: “The agent has advised us that the gym operates on a 24-hour basis with fob access. They have said the sound system will be restricted [outside of approved hours].
“However, as this is currently operating, we are receiving complaints about noise outside of these hours.
“Noise is coming from the facility at all times and impacting on residential amenity of properties adjacent to it.
“This proposal is currently creating a nuisance to neighbours, and as such is recommended for refusal.
“We could put on conditions. However, it’s quite apparent already that there’s issues with this proposal.
“There’s issues with it operating on a 24-hour basis. What we would be doing then would just be resulting in further enforcement action having to be taken, to try and ensure that those conditions are met, and that itself is just presenting further problems for the residents in the area.
“it’s creating issues with residents who have rear bedrooms facing towards this, and they have rightly complained about the noise and issues that are happening at all hours.”
Councillor Mark Robinson ( DUP, Clogher Valley DEA) recommended refusal, stating: “There was a [garage] business there in the past and I’m sure it wasn’t that quiet, but the fact that they don’t seem to be taking any consideration of the complaints to date would leave it very difficult to see how that’ll change going forward.
“So, on that basis, I propose we go with the recommendation [to refuse the application].”
The recommendation to refuse the application was seconded by committee vice chair, Councillor Jonathan Buchanan (DUP, Torrent DEA).
The planning application was consequently turned down.
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