Brighton & Hove’s planning enforcement team has won a prosecution against Tesco Express for failing to limit the transmission of noise and disturbance from air conditioning and refrigeration equipment.
Tesco received two maximum fines of £1,000, plus £800 costs at Brighton Magistrates Court on Tuesday, 15 August.
The store, at 26 The Droveway, Hove, received planning permission to install new refrigeration and air-conditioning equipment in the service yard back in 2004, subject to conditions. These were that a ‘self-closing door’ should be fitted to the bulk store leading to the service yard and kept shut except during deliveries to keep down the noise and disturbance of the new equipment for the neighbouring residents.
But in April this year neighbours complained of noise disturbance from the equipment. The council investigated and found that the external door was being left open.
Councillor Leslie Hamilton, chair of Brighton & Hove’s planning applications sub-committee, said: “Tesco did not reply to any of the council’s communications, and also ignored a ‘Breach of Conditions Notice’ issued at the end of April by the Planning Investigations team, so there was no alternative but to prosecute. We cannot allow Tesco to disregard residents living nearby who have a right to some peace, and we will not hesitate to prosecute Tesco again if compliance is not forthcoming.”
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