AN application to convert a redundant barn next to a gun club into a house is likely to be refused.
The plan to convert the barn, next to Mickleton Gun Club, in Teesdale, County Durham, was deferred from May to allow noise level readings and for Teesdale District Council to take legal advice.
Although the barn is 30 metres from the gun club, the applicant, Freda Longstaff, said the noise created from the club would not be a problem, and has offered to sign a voluntary agreement saying she would not complain about it.
However, planning officers have recommended refusal as they felt the noise could still constitute a criminal offence if the barn was lived in.
The council's solicitor, Ashley Rocks-Menon, has told councillors a voluntary agreement of this nature would not be legally binding.
Mrs Rocks-Menon wrote in a report to councillors: "I feel it would be very difficult to have an agreement that says the resident can never complain, and most would want the ability to do so if the noise level deteriorated above what they were led to expect.
"If the owners at some future time registered a complaint resulting in enforcement action, then potentially the gun club could look to the council for compensation if, as a result, it has to close or curtail its activities."
Tests at the barn revealed that noise from the guns was up to 16 decibels higher than the ambient levels.
Planning officer Andrew Bishop has recommended refusal because the converted barn would be a noise-sensitive development, which would conflict with an existing nearby noise-generating use.
He also felt the activities and residential use of the barn would harm the surrounding Area of Outstanding Natural Beauty.
Teesdale District Council will discuss the plan on Wednesday.
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