A Dundee construction firm is fighting Angus Council’s refusal of a proposal for 15 town centre flats next door to the Webster Theatre in Arbroath.
In December, council officers rejected George Martin Builders’ planning application under delegated powers.
It included an objection from the authority’s environmental health department over fears residents might be disturbed by noise from Webster Theatre shows.
The city firm lodged a scheme for a four-storey building at 60-62 High Street.
The site is adjacent to the theatre and was used as offices until 2021.
But the property was pulled down after a dangerous buildings notice was issued by the council.
At that time the doors of the Webster Theatre were still closed due to the pandemic.
Planners say the redevelopment of the site would be “highly desirable”.
‘Agent of change’ noise concern from Webster Theatre shows
However, they refused the conservation area application on several grounds.
The affordable homes project aims to deliver eight two-bedroom and seven one-bedroom flats.
The four-storey frontage would be around the same height as the theatre next door.
It would have a natural stone finish and detailing similar to features found elsewhere on the High Street.
Environmental health officers objected under the ‘agent of change’ principle.
The planning approach places responsibility for mitigating impacts from existing noise and other nuisance-generating activities on those proposing new developments.
It was one of several grounds which led to the refusal.
“The number of dwellings proposed results in a building which is too big for the site,” said officials.
“The applicant has reduced the scale of the proposal and made other amendments to improve the appearance of the proposed building, particularly its appearance onto High Street.
“But those changes do not go far enough to resolve the issues, and the noise information submitted is not adequate or acceptable.
“The application is contrary to the development plan,” the council decision added.
On Tuesday, Angus Council’s development management review committee will consider the refusal appeal.
The committee is the route for applicants to challenge planning decisions taken under delegated powers by officers.
Conversation