Plans for a licensed garden room at the back of Tomney’s public house, 9-10 The Square, Moy, have been approved, in no small part due to the fact the applicant is planning to erect an acoustic fence to mitigate noise pollution.
The planning application was lodged by Paul Douglas, Collegelands Road, Charlemont, on behalf of Barry McNeice, 8 The Square, Moy.
Objectors pointed to the fact that the site had previously been used for live music in 2020, and this had led to issues with noise and antisocial behaviour.
Introducing the planning application at a recent Planning committee meeting of Mid Ulster District Council, principal planning officer, Phelim Marrion commented: “This proposal is for a self-contained building to the rear of Tomney’s Bar in the Moy, a listed building inside a conservation area.
“The design and location of the building is acceptable to Historic Environment Division.
“There have been six objections to the proposal, citing issues in relation to impact on private amenity, noise nuisance, increase in antisocial behaviour, devaluation of property, car-parking issues, live music issues from 2020, noise abatement notices issued on the site too close to residential properties, increase in traffic and pollution, and loss of privacy.
“It is acknowledged that that there is potential for a nuisance from this proposal, in the centre of the Moy where there are other similar establishments which share parking areas.
“Environmental Health Department have been consulted and advised there’s a noise abatement notice on the site. They have also advised that they have not received any complaints about the site itself since the summer of 2022.
“Environmental Health officers have considered the proposal, and noise surveys, and the attenuation proposals that have been submitted.
“They have advised that conditions should be imposed on any permission, to ensure it does not result in noise or disturbance to nearby residential developments.
“This is an established business and while there have been complaints about the premises, Environmental Health officers have not received any recent complaints.
“The proposal can be controlled by conditions to mitigate against any issues of concern about noise.”
The licensed garden room at the back of Tomney’s pub will be fully enclosed. Credit: Mid Ulster planning portal
Cllr James Burton (DUP, Dungannon DEA), who is not a member of the Planning committee, had requested an opportunity to voice residents’ concerns regarding the planning application.
He stated: “I just would like to voice the concerns of the residents in Moy on this application. It’s something that has been coming up in the past. It’s in the minds of these residents across the community.
“Going forward, will the council be liaising still if there’s any ongoing issues in the future? The litter on the streets, noise pollution, antisocial behaviour in that area. I suppose if this goes ahead this will make a bad situation worse in Moy.
“I really would like these objections to be taken on board on this application. I think it’s something that we need to be doing right by the residents in this area.”
Cllr Deirdre Varsani (Sinn Féin, Dungannon DEA) was satisfied there was adequate provision for mitigating measures, to minimise any disruption: “Obviously this is for approval this evening, but there have been a number of issues raised by residents, and it is right that we have considered them and continue to consider them into the future.
“So, for example, we know that noise surveys have been done, but there have been no actual noise complaints since 2022, so that’s the kind of balancing aspect of that.
“We also know that there have been no objections from the police put into this, which again is a mitigating factor.
“In terms of the noise reduction, there has been the condition of an acoustic fence being put in, so again that’s an attempt by the establishment to mitigate the effects of noise.
“We are hopeful that everybody can be good neighbours to each other, and I think it is important to note that we would want the noise monitored, that we would want the other issues like litter and antisocial behaviour monitored into the future.
“But nonetheless any reasons for not letting this go forward would have to be very tightly focused and quite legal, and on that basis I would be happy to approve it, but with a view to the concerns of the residents being considered into the future.”
Aside from being accessible in all weather conditions, the licensed garden room will contain much of the noise. Credit: Mid Ulster planning portal
Cllr Kyle Black (DUP, Carntogher DEA) felt there was merit in having a site meeting: “Having listened to the report and having listened to the representations that have been made, it’s clear that there are still some concerns that exist within the local community.
“I think it is clear within the report that there are some conditions attached, for example the erection of the acoustic fence, which will hopefully go some way with regards controlling any noise that may come from the premises in question.
“However, I’m just wondering, is there merit in deferring this for a site meeting to take place?
“That would allow for further engagement with the residents around the positioning of the acoustic fence and so on, which might help to alleviate the concerns at the outset, and hopefully move forward in a positive manner with the engagement of all the stakeholders concerned.”
The principal planning officer explained site meetings are intended for a specific purpose, and that purpose does not include engaging with local residents: “Any meetings that we have would be site visits for the members to see the site, it wouldn’t be an opportunity for the members to engage with the general public to discuss the proposals.
“We could certainly come along and see where the proposed building is going to be. I would draw your attention to the report, and to the details that are there in relation to the construction of the proposed building.
“This building hasn’t been erected yet, it is proposed to be self-contained and to put in acoustic attenuation within the building itself.
“We’ve put conditions on to ensure that the doors are closed at appropriate times, to ensure there’s also acoustic fences put up, so that anyone coming from the bar into the building itself will be muted from the neighbours.”
Cllr Seán McPeake (Sinn Féin, Carntogher DEA) argued organising a site meeting would serve no real purpose: “On reading the conditions that’s attached, I think they’re pretty onerous, and particularly the acoustic barriers that’s been proposed.
“There are instances where site visits can be beneficial, but when it’s related to noise I think it’s different, because we’re not going out at night [when there are] bands playing or loud music, it’s going to be during the day.
“Reading the conditions that’s been proposed, I would have full confidence that this has been properly adjudicated by the officers, and I would second the proposal.”
Cllr Black clarified his thinking regarding a possible site meeting: “It wasn’t to engage with residents at a site meeting, it was more for members to become more informed of it, and then further discussion could happen after the event, not at the site meeting.
“But if members were more informed, then it’s something that could be related to residents in due course in a more informed manner.”
Committee chair, Cllr Mark Robinson was keen to find out more about the envisaged acoustic fence: “Phelim, you mention an acoustic fence, what’s an acoustic fence? I’m not familiar with it at all.”
The senior council officer explained: “It’s actually a fence with no gaps in it. It’s a dense wooden fence to contain noise within the site.
“You’ve heard of blast walls where noise is contained, it’s the same sort of issue. It’s going to be located between the actual development itself, and the neighbours on the west side who are the ones who have raised the most concerns. So it’s a very dense fence that will actually control noise and contain it.”
Service director of Planning, Karen Doyle, pointed out the acoustic fence would improve things for nearby residents: “We have a situation at the moment where that isn’t the case.
“Visitors to the premises can stand outside that aren’t contained in a building, and there is no acoustic fence there at present, so that would actually help the situation.”
Mr Marrion concurred, stating: “That’s correct. There has always been a sort of area where people can congregate.”
Cllr Burton, who hadn’t used up his three minutes of speaking rights, was given an opportunity to address the chamber again. He said: “I don’t sit on this committee but I can support Cllr Black’s proposal.
“I think it would be a good idea to maybe go with that, and we could relay back to the residents [more about] this acoustic fence. I think the residents would maybe want to find out a wee bit more about that.”
Cllr Burton’s proposal – in favour of a site meeting – was seconded by Cllr Meta Graham (UUP, Clogher Valley).
Cllr Seán McPeake was still of the view there was no need for a site meeting: “I don’t see the merit in a site meeting on this occasion, because it’s a technical issue to do with a sound barrier, and we heard from the officers that this would help an already noisy situation.
“It would absorb, so it’s a win-win, and I think we’d be doing the application injustice by questioning it or prolonging it any longer. So I think what’s being proposed here is of benefit, and I still think it should be approved.”
Cllr Graham disagreed: “I just think it would help us to see how close the neighbours are to what’s being proposed, more so than just looking at it on plans, so that’s why I had seconded [Cllr James Burton’s] proposal.”
Summarising, committee chair, Cllr Robinson stated: “We have two proposals folks. We’ll take the last proposal first, so Cllr Black’s proposal is that we have a site visit and we’ll just take a vote on it, for members to go and see for themselves the issues on site.”
Eight councillors voted against the proposal, two in favour. The planning application was consequently approved, the site visit option having been overruled.
It also meant that there was no need to take a vote on the alternative proposal.
The planning officers’ report gives more information on the planning application, and on the mitigating measures being envisaged to minimise noise disruption: “The proposal is for the erection of a licensed new garden room associated with Tomney’s bar.
“The building is 15m in length, 9m in width, 5.8m in height on the front elevation and 7.3m in height on the rear elevation, as the building is on a sloping site. There will also be a 2.3m high wooden acoustic fence at sections along the boundaries.
“I do not consider the scale and massing of the proposed garden room and fencing is excessive for the site, as it will be situated within a long garden area to the rear of the existing bar at Tomney’s.
“Objections received with this application have raised issues with noise and impact on private amenities.
“The rear of Tomney’s bar was previously an outdoor bar area with picnic tables, which previously created issues with noise. This proposal is for an indoor bar area which would be a betterment of any current outdoor bar area.
“The agent has stated that live music will be played inside the garden room. The applicant has proposed to keep all windows shut, have dummy windows, automatic closes on doors, and acoustic fencing along the walkway from Tomney’s bar to the garden room.
“I think the use of the building as a licensed garden room is acceptable.”
An additional requirement is that noise levels will have to be confined within approved limits between 11pm and 7am.
