Bathwick boutique hotel The Bird has lost its appeal for customers to use the outdoor terrace later at night.
The Bird hotel in Bath | Photo © Google Street View / Google 2020
The planning appeal to the Secretary of State was lodged by the hotel’s owners, Kaleidoscope Bird Limited, against the decision of Bath & North East Somerset Council.
The terrace, which was previously part of the car park behind the hotel at 18-19 Pulteney Road, has seats, tables, lighting, heaters, and landscaping.
The council imposed a condition restricting the hours that the terrace can be used in order to protect people living nearby from noise and disturbance.
Permitted hours are from 8am to 9.30pm from Sunday to Wednesday and from 8am until 10pm Thursday to Saturday.
The owners of the detached hotel wanted to keep the terrace open until 10pm Sunday to Wednesday and until 11pm Thursday to Saturday.
Announcing her decision, the planning inspector said that although on a busy road, the area has large open spaces and residential buildings, and local residents would expect less disturbance than if located in the city centre.
She said: “The council’s environmental health officer objects to the proposal due to the proximity of residential premises and the potential for noise disturbance from both customers using the terrace.
“Residents of a neighbouring property have raised concerns. It is suggested that they already experience unacceptable levels of noise and disturbance on an evening.”
The owners had submitted a plan saying that no loud speakers or amplified music would be played outside; the sale of alcohol would be limited from 10am to 11pm, noise levels would be monitored with guests asked to lower noise or leave; clearing up after operating hours would be reduced; and notices displayed to respect neighbours.
The number of guests on the terrace would also be reduced from 200 and a decibel meter installed to monitor noise levels.
The inspector said in her report: “The dispersal plan reflects a genuine desire on the part of the appellant to ensure that neighbours are not inconvenienced.
“But, as the plan largely indicates responses to disturbance, rather than stopping it happening, harm to the living conditions of nearby residents could still occur.”
She added: “Given that the lack of other commercial activities in the immediate vicinity, the introduction of later opening and activity in such close proximity to No 17, would result in levels of noise and disturbance from customers that I consider would be harmful to the living conditions of those residents.”
