The Star Inn ‘Delighted’ to Win Noise Appeal

Published on: 4 Jul, 2019
Updated on: 8 Jul, 2019

By Hugh Coakley

The Star Inn in Quarry Street has won its appeal against the noise abatement notice served by Guildford Borough Council (GBC) in a landmark case at Guildford Magistrates Court on July 2. District Judge Nick Wattam said the venue had not been deemed a nuisance before the block of flats was converted.

The Star Inn in Quarry Street with a banner outside “We saved our Star” after winning the noise appeal in Guildford Crown Court.

Speaking to The Guildford Dragon NEWS, Georgina ‘George’ Baker, the outgoing general manager of The Star, said that she was relieved: “We didn’t know which way it was going right up to where the judge adjourned to consider his verdict.

Sign behind the bar at The Star Inn proclaiming victory at the noise abatement appeal.

“I held hands with Pip Ellis, the new general manager, because we were so nervous. We had to restrain ourselves in the court when he said that we had won. Once we were outside, we felt like screaming. We were delighted.

“It’s been hanging over us for over a year now. We haven’t been able to sign any contracts for bands after July because of the uncertainty. I have spent the last couple of days ringing around and emailing bands to confirm the bookings that had only been pencilled in.

“Support from the community has been fantastic. People have been emailing and ringing up and that has kept us going. It is a massive boost for the town as well.

“I think that GBC followed its procedures but there was a breakdown in communications between their departments. Put it this way, all of this was preventable.”

Flats 1 – 4 Mill Lane abut onto the rear of the Star Inn and were converted from offices after planning permission was granted in 2013.

The noise abatement notice was served by GBC after it had received a complaint from developer, Neil Young, about noise from the music and fringe theatre venue. George Baker said that they had objected to the development of the flats, 1 to 4 Mill Lane, from offices at the time in 2013 so the developer was aware that there may have been a noise issue but he went ahead anyway.

District Judge Nick Wattam is quoted in Get Surrey as saying that the planning advice given by GBC was “unsatisfactory to say the least”.

The Stranglers, who first performed at The Star Inn in 1974, welcomed the overturning of the noise abatement notice (BBC News)

Legal representation for the case cost GBC £3,100. A spokesperson said: “The council is considering the judgement and is pleased that the judge recognised that it acted in good faith, following a proper process throughout, and did not award any costs against the council.

“The council is legally required to investigate all noise nuisance complaints, and does so strictly in accordance with the law and relevant government guidance in the process of issuing noise abatement notices. At appeal, the court is able to look at any wider circumstances and may take these into account in its judgement.

“Since planning permission was granted in 2013, changes to the National Planning Policy Framework in relation to noise have also been made, and the implication of these changes will be a relevant consideration in future cases of this nature.”

Asked what had happened to GBC’s internal investigation into former council leader Paul Spooner’s (Con, South Ash & Tongham) conduct in relation to this case, the council spokesperson added: “There is no outstanding complaint against Cllr Spooner, and no complaint against Cllr Spooner in relation to this matter, or any other matter, resulted in a finding that a breach of the code of conduct for councillors had occurred.

“In accordance with the council’s constitution, unless a matter reaches the stage of a hearing (which this did not), the complainant, and subject member is advised of the outcome but there is no public announcement.” Cllr Spooner had made comments in support of The Star.

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