Item 4(vii) LRB-2022-56
Perth and Kinross Council · 16 January 2023
Back to Local Review Body — 16 January 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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4(vii) LRB-2022-56 LRB-2022-56 22/00739/FLL - Part change of use of dwellinghouse to form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH INDEX (a) Papers submitted by the Applicant (Pages 481-488) (b) Decision Notice (Pages 487-488) Report of Handling (Pages 491-496) Reference Documents (Pages 497-500) (c) Representations (Pages 501-506) 479
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4(vii)(a) LRB-2022-56 LRB-2022-56 22/00739/FLL - Part change of use of dwellinghouse to form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH PAPERS SUBMITTED BY THE APPLICANT 481
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Notice of Review Page 1 of 4 NOTICE OF REVIEW UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013 THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. Use BLOCK CAPITALS if completing in manuscript Applicant(s) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Agent (if any) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Mark this box to confirm all contact should be through this representative: * Do you agree to correspondence regarding your review being sent by e-mail? Yes No Planning authority Planning authority’s application reference number Site address Description of proposed development Date of application Date of decision (if any) Note. This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application. Sheila H. M. Kellett 29 Croftwynd, Milnathort KY13 9GH X Perth & Kinross Council 22/00739/FLL 29 Croftwynd, Milnathort, KY13 9GH Part change of use of dwelling house to form an aesthetics clinic 09/05/2022 06/07/2022 483
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Notice of Review Page 2 of 4 Nature of application 1. Application for planning permission (including householder application) 2. Application for planning permission in principle 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approval of matters specified in conditions Reasons for seeking review 1. Refusal of application by appointed officer 2. Failure by appointed officer to determine the application within the period allowed for determination of the application 3. Conditions imposed on consent by appointed officer Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions 2. One or more hearing sessions 3. Site inspection 4 Assessment of review documents only, with no further procedure If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: 1. Can the site be viewed entirely from public land? Yes No 2 Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: X X X X X The site is a previously converted garage to the rear of our property, so access to the garden is necessary to fully view the outside. That being said, we would be happy for a site inspector to access our garden during our absence if required 484
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Notice of Review Page 3 of 4 Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. Have you raised any matters which were not before the appointed officer at the time the determination on your application was made? Yes No If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. I wish to appeal this decision for a number of reasons: 1) My daughter no longer intends to work from the premises as she is pursuing an alternative career path, therefore it would be only me operating from the annex, seeing a maximum of 4 clients per day 2) I have spoken to most of the immediate neighbours and they all express surprise and some dismay on my behalf that permission has been refused, therefore I can only assume that they have no objections to the proposal. The neighbours I have spoken to live at No 27 (immediate left) No 25 (next left), No 31 (immediate right), No 20 (next right), No 16, and No 12 - all but 2 of the houses surrounding the turning circle at the end of our street. I have not had a chance to talk to No 18 and No 14 yet but believe they would have a similar view. 3) I feel my mental health is suffering due to my current, high stress job in the NHS, and I believe I could significantly improve this by being my own boss working from home 4) I have a fairly lengthy commute to my current place of work which makes for a very long working day, adds to my general stress levels, particularly in the winter, and increases my carbon footprint. All of this could be substantially improved by my being able to work from home 5) I understand that one facet of the PKC planning strategy is to facilitate people being able to work from home where possible, and I believe that in my case, my proposal entails little or no disruption to the current nature of the street 6) Finally, with the current mortgage my husband and I have on this property, I cannot afford, at this stage, to rent separate premises (and there are none currently suitable locally in any case) so the only other option would be to sell up, downsize and free up some cash resource to rent a property, which would almost certainly involve a commute to some extent. This would not only involve additional stress, but we are both emotionally tied to this house and to our friendly and supportive neighbours and would hate to move if not absolutely necessary. X 1) My daughter no longer intends to work from the annex. This is a decision she has made since the time the planning was refused. (She is now at college) I understand that the key reason why the permission was refused was due to the potential number of clients and cars generated by 2 staff members, and as she would no longer be working there it is a significant new development 2) I made no mention of my wish to reduce my stress levels being a key part of my proposal, as I did not consider this a necessary part of a planning application, however it is a big factor in my wanting to set up on my own and work from home, whilst reducing my carbon footprint, which is also very important to me. 485
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Notice of Review Page 4 of 4 List of documents and evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. Checklist Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed Date - No new documentary or material evidence, however I confirm that all of the above statements are true X X X 05/10/2022 486
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Page 1 of 3 Christies Mrs Sheila Kellett 29 Croftwynd Milnathort KY139GH Pullar House 35 Kinnoull Street PERTH PH1 5GD Date of Notice:6th July 2022 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT Application Reference: 22/00739/FLL I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to refuse your application registered on 9th May 2022 for Planning Permission for Part change of use of dwellinghouse to form a beauty salon 29 Croft Wynd Milnathort Kinross KY13 9GH David Littlejohn Head of Planning and Development Reasons for Refusal 1. The proposal is contrary to the Perth and Kinross Local Development Plan 2 2019 Policy 17 Residential Areas in that the change of use due to the scale of the development would not be compatible with the amenity and character of the area and would not ensure that the residential amenity of the area is protected. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 487
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2 The plans and documents relating to this decision are listed below and are KPYWSH^LK VU @LXZO HUK ;PUXVYY 3V[UJPSaY ]LIYPZL HZ www.pkc.gov.uk _?USPUL @SHUUPUN 1WWSPJHZPVUY` WHNL Plan Reference 01 02 03 04 488
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4(vii)(b) LRB-2022-56 LRB-2022-56 22/00739/FLL - Part change of use of dwellinghouse to form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH PLANNING DECISION NOTICE (included in applicant’s submission, pages 487-488) REPORT OF HANDLING REFERENCE DOCUMENTS 489
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490
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 22/00739/FLL Ward No P8- Kinross-shire Due Determination Date 8th July 2022 Draft Report Date 6th July 2022 Report Issued by JF Date 06.07.22 PROPOSAL: Part change of use to dwellinghouse to form a beauty salon LOCATION: 29 Croft Wynd Milnathort Kinross KY13 9GH SUMMARY: This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material considerations apparent which justify setting aside the Development Plan. SITE VISIT: In line with established practices, the need to visit the application site has been carefully considered by the case officer. The application site and its context have been viewed by a variety of remote and electronic means, such as aerial imagery and Streetview, in addition to photographs submitted by interested parties. This information has meant that, in this case, it is possible and appropriate to determine this application without a physical visit as it provides an acceptable basis on which to consider the potential impacts of this proposed development. SITE PHOTOGRAPHS BACKGROUND AND DESCRIPTION OF PROPOSAL The application is for part change of use of dwellinghouse to form a beauty salon at 29 Croft Wynd, Milnathort. The property is detached dwelling with a one-bedroom 491
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2 ancillary unit to the rear (most likely a former double garage). The dwelling lies within a residential area within the settlement of Milnathort. The proposal is for part change of use of the ancillary one-bedroom unit to form a two treatment room beauty salon. SITE HISTORY 99/01337/FUL Erection of 17 houses and integral garages and access road at 25 November 1999 Application Approved PRE-APPLICATION CONSULTATION Pre application Reference: 22/00030/PREAPP NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. DEVELOPMENT PLAN The Development Plan for the area comprises the TAYplan Strategic Development Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019). TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017 Whilst there are no specific policies or strategies directly relevant to this proposal the overall vision of the TAYplan should be noted. The vision states “By 2036 the TAYplan area will be sustainable, more attractive, competitive and vibrant without creating an unacceptable burden on our planet. The quality of life will make it a place of first choice where more people choose to live, work, study and visit, and where businesses choose to invest and create jobs.” Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 17: Residential Areas Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals 492
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3 OTHER POLICIES Placemaking Supplementary Guidance CONSULTATION RESPONSES Transport Planning No objection Environmental Health (Noise Odour) No objection REPRESENTATIONS No letters received ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment Habitats Regulations AA Not Required Design Statement or Design and Access Statement Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan for the area comprises the approved TAYplan and the adopted LDP2. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy. Policy Appraisal The site is located within a residential area and the applicable policy is Policy 17 Residential Areas. This policy supports proposals for business and homeworking but this must be where they are compatible with the amenity and character of the area with the policy also seeking to ensure that residential amenity is protected. The proposal will form a two-treatment room beauty salon and the applicant has confirmed that two members of staff will be employed (applicant and her daughter). They have indicated that they would have four appointments each per day and operate Mon-Fri 9-5 with some appointments offered on one or two days out with these times. 493
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4 The applicants dwelling lies within a residential cul-de-sac. Whilst the council is supportive of proposals which enable people to open new businesses it is important that these are in the right location. This proposal provides a workplace within a residential area for someone to travel to, although the applicant has indicated that this would be her daughter (who may live within the existing dwelling) this could not be controlled by condition. In addition, the applicant has noted a small number of daily appointments (4 each) but in approving such an application the council would not be able to restrict the business in this way as a condition in this regard would not meet the conditions tests for example in relation to enforceability. However ultimately the proposal is for the provision of a business that falls within Class 2 of the Use Classes Order. The order states that these are considered as an acceptable town centre use which is appropriate to provide in a shopping area and where the services are provided principally to visiting members of the public. The dwelling is located in Milnathort and close to Kinross both of which have zoned town/neighbourhood centres where this scale and kind of development could be facilitated and supported. It is considered that at this scale of development, providing a beauty salon which is a place of work for employees, within a residential area cannot be supported. The scale of the development would not be compatible with the amenity and character of the area and would not ensure that the residential amenity of the area is protected. Design and Layout There are no changes proposed externally or internally. The unit is already separate from the dwelling with no internal linkage. The living kitchen will be converted into a treatment room as will the bedroom and the bathroom will be retained. Residential Amenity The proposal will introduce a beauty salon into an enclosed residential street. The Environment Health Officer has no objection to the proposal but the assessment is in relation to the noise generated from the use not the overall impact of the use on the character and amenity of the wider residential area. Whilst it is considered a single person operating a business from home may be acceptable in some locations in this case the proposal is much more and forms a beauty salon business premise from within a dwelling within a residential cul-de-sac. It is considered that the introduction of a business premises in this location would have a detrimental impact on the residential character of the area. Roads and Access Transport Planning have no objection to the proposal as a parking area has been shown on the plans. The applicant has also confirmed that the appointments would not overlap so there would only be one staff car and two customer cars at any one time. If the proposal was to be supported a plan would have been required to formally show how the site could be laid out with the parking space and turning for vehicles. 494
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5 Drainage and Flooding No drainage or flooding implications. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. CONCLUSION AND REASONS FOR DECISION To conclude, the application must be determined in accordance with the adopted Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the adopted Development Plan. Accordingly the proposal is refused on the grounds identified below. Conditions and Reasons The proposal is contrary to the Perth and Kinross Local Development Plan 2 2019 Policy 17 Residential Areas in that the change of use due to the scale of the development would not be compatible with the amenity and character of the area and would not ensure that the residential amenity of the area is protected. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives N/A 495
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6 Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 496
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N S EW This Plan includes the following Licensed Data: OS MasterMap Colour PDF Location Plan by the Ordnance Survey National Geographic Database and incorporating surveyed revision available at the date of production. Reproduction in whole or in part is prohibited without the prior permission of Ordnance Survey. The representation of a road, track or path is no evidence of a right of way. The representation of features, as lines is no evidence of a property boundary. © Crown copyright and database rights, 2022. Ordnance Survey 0100031673 Prepared by: Sheila Kellett, 09-05-2022 0m 20m 40m 60m 80m 100m Scale: 1:1250, paper size: A4 497
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Site Plan/Block Plan near KY13 9GH Legend Neighbour's dwarf wall Boundary fence Boundary fence Boundary fence Boundary fence Area laid to grass Site Boundary Outline of house N S EW This Plan includes the following Licensed Data: OS MasterMap Colour PDF Site Plan/Block Plan by the Ordnance Survey National Geographic Database and incorporating surveyed revision available at the date of production. Reproduction in whole or in part is prohibited without the prior permission of Ordnance Survey. The representation of a road, track or path is no evidence of a right of way. The representation of features, as lines is no evidence of a property boundary. © Crown copyright and database rights, 2022. Ordnance Survey 0100031673 Prepared by: Sheila Kellett, 06-05-2022 0m 5m 10m 15m 20m 25m 30m 35m 40m Scale: 1:500, paper size: A4 Christies Aesthetics & Beauty Salon Red outline denotes full site Salon itself is rear part of building nearest the trees (not including shed on side of No 31 Driveway from street, to side of house and full salon curtilage area is all hard standing monobloc paving Large tree symbols at North end of site represent large pine trees and approximate canopy spread Row of small tree symbols along boundary line with No 31 represent a boundary hedge 498
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Current floorplan of single bed dwelling 0m 1m 2m 3m 4m 5m Scale: 1:50, paper size: A4 499
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Treatment room 2 Treatment room 1 Proposed floorplan of Aesthetics and Beauty Clinic Update 29/04/22: • (As before) No changes currently are proposed to the internal or external structure of the building. • Changes will be minor alterations to furniture and fittings only in the early stages of the business, e.g.: - Removal of all household furniture - Removal of oven, hob and hood, plus any free- standing kitchen appliances: - hood extractor to be replaced with an extractor fan: - Replacement of kitchen taps with single lever mixer tap from wall: - Addition of suitable furniture and fittings for the business, including treatment beds, chairs and tables, and a locked medical fridge: 0m 1m 2m 3m 4m 5m Scale: 1:50, paper size: A4 500
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4(vii)(c) LRB-2022-56 LRB-2022-56 22/00739/FLL - Part change of use of dwellinghouse to form a beauty salon, 29 Croft Wynd, Milnathort, KY13 9GH REPRESENTATIONS 501
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502
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. Comments provided by Lachlan MacLean Project Officer – Transport Planning Service/Section Transport Planning Contact Details TransportPlanning@pkc.gov.uk Description of Proposal Part change of use to dwellinghouse to form a beauty salon Address of site 29 Croft Wynd, Milnathort, Kinross, KY13 9GH Comments on the proposal The applicant is proposing to change the previously converted double garage from a one bedroomed self-contained dwelling into a combined aesthetics & beauty clinic. The applicant has shown that there will be parking within the curtilage of the dwellinghouse for the proposed salon. Insofar as the Roads matters are concerned, I have no objections to this proposal. Recommended planning condition(s) Recommended informative(s) for applicant Date comments returned 31 May 2022 503
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504
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M e m o r To Development Management & Building Standards Service Manager Your ref 22/00739/FLL Date 8 June 2022 Communities a n d u m From Regulatory Services Manager Our ref LRE Tel No Pullar House, 35 Kinnoull Street, Perth PH1 5G Consultation on an Application for Planning Permission 22/00739/FLL RE: Part change of use to dwellinghouse to form a beauty salon, 29 Croft Wynd Milnathort Kinross KY13 9GH for Christies I refer to your letter email dated 18 May 2022 in connection with the above application and have the following comments to make. Environmental Health Recommendation I have no objections in priniciple to the application but recommend the undernoted conditions be included on any given consent. Comments This application is for the change of use, of the previously converted double garage, from a one bedroom self-contained dwellinghouse into a combined aesthetics and beauty clinic. The proposed beauty clinic is located within a residential area with detached dwellinghouses the closest to the clinic is 27 Croft Wynd which is approximately 15 metres away. There are no letters of representation at the time of writing this memorandum. Noise There is the potential for the residential amenity of neighbouring dwellinghouse to be affected from noise from the daily operation of the clinic. Having spoken with the applicant the expected operational hours are to be Monday to Friday 0900 to 2000 with only occassional Saturday working with similar times. The total number of clients per day would be eight and there is parking at the rear of the property. I believe suitable control can be put in place to protect residential amenity from the operations of the clinic. Odours The plans indicate that an extraction ventilation fan is to be installed and on speaking with the appllicant the main chemicals to be used are botox, fillers and nail varnish therefore, it is my contention that odours would not adversley affect residential amenity of neighbouring properties. 505
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Therefore, I recommend that the undernoted conditions be attached to any given consent. Conditions EH01 The hours of operations shall be restricted to 0900 hours to 2030 hours Monday to Saturday only. EH10 All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. EH31 All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. 506