The council had issued an enforcement notice requiring the lawful class B8 use of the premises to be restored on the basis that manufacturing was incompatible with local residents' amenity. The appellant conceded that noise levels were unacceptable but claimed that it could be controlled by ensuring that external doors remaining closed during the day.
The inspector decided that unless the unit was properly ventilated staff would wish to leave the doors open and the noise from machinery and other activities would be unacceptable even without the fans working. He accepted that a condition requiring the doors to remain closed during certain hours would be enforceable but found the suggestion that a "quiet" ventilation system could be installed less convincing.
No details had been provided as to how the scheme would be designed and operated and any system would require a fresh air inlet, he observed. In the absence of a detailed design, he held that imposing conditions to try and rectify the omission would cause too much uncertainty. He decided that the steps required to comply with the notice were not excessive, allowing six months to enable the business to relocate.
DCS Number 100-069-448
Inspector Richard Perrins; Hearing