Noise from closed nightclub prevents town centre flats development

Noise from a nightclub that has been shut for almost three years has prevented planning permission for fifteen new town centre flats.

The proposal to build the flats on Burnmouth Road, behind the Ayre Hotel, was scrutinised by Orkney Islands Council’s planning committee this morning, but “farcical” regulations led to the application’s rejection.

Potential noise from the nightclub and the possibility of future flat residents opening their windows was the crux of the matter.

According to planning regulations, Fusion still has permission to operate as a nightclub, even though it shut its doors in 2020 and had its liquor license removed last March.

This meant that if several of proposed flats had their windows open they may experience noise at volumes which could trigger a complaint.

It was explained that environmental health regulations say this must be measured on the assumption of the window being open, even if closing it would remove the noise.

The planning officers there said that these flats must be designed with windows that could not be opened.

The applicant, Stephen Kemp managing director of Orkney Builders, suggested the chance of such a potential complaint to the council was “minuscule” and said that, should the building’s air circulation system break, occupants would require windows that could open.

The committee branded the situation “bizarre” and “farcical” however admitted they could only judge the proposal as it is submitted — with windows that could be opened — and therefore place the local authority at risk of a potential complaint.

Therefore the application was rejected.