Controversial development set to be refused due to risk for the Nightingale club

Plans for 116 homes on 16 Kent Street may be refused after developers changed their minds about a noise mitigation agreement.

The development which is next to the Nightingale club was approved last July and it was proposed Prosperity Developments and the trustees of the Gooch Estate and the Nightingale Club would enter into an agent of change agreement.

This agreement was to ensure noise control measures were put in place.

The applicant has now said it is not willing to enter into the agent of change agreement but instead is proposing to seal all windows on the Lower Essex Street elevation facing the Nightingale Club.

A planning officer has questioned whether this would “lead to unreasonable living conditions for its future residents that would, in turn, have a harmful effect on the operation of the adjacent existing nightclub”.

The council’s regulatory services have said the approach being proposed “significantly underestimates bass noise intrusion and we would require a more effective mitigation design to deal with noise breakthrough on the façade”.

Recommending a refusal of the plans, the planning officer said: “[…] If the proposed development goes ahead and residents complain as a result of intrusive noise, they are almost certain to determine a statutory nuisance from the Nightingale and will be legally obliged to serve notice. This in turn could result in the future of the club itself being at risk.

“On balance, I consider that the lack of five-year housing supply does not outweigh the significant and demonstrable harm to the poor living environment for a significant number of prospective residents and potential impact on the Nightingale nightclub, which could ultimately force it to close.”

The development would involve the demolition of the existing buildings on Kent Street, and in their place would be the 116 apartments and a ground floor of two commercial units.

Birmingham City Council planning committee recently approved plans for 456 one and two-bedroom flats on Gooch Street North.

Developers have also entered an agent of change agreement resulting in windows facing the Fox pub to be sealed shut to prevent noise pollution.

16 Kent Street will be voted on at 11am on the 17th of March.