Shop allowed after noise objections unsubstantiated

A convenience shop in a vacant public house in a Derbyshire village has been allowed by an inspector who found noise and disturbance would not harm neighbours' living conditions, and a full award of costs made against the authority for not substantiating noise evidence.

The inspector agreed the monitoring position used for the surveys which informed the appellants' original noise impact assessment report had been unsuitable, but a revised impact assessment had been submitted based on measurements taken as close to neighbouring homes as possible without trespassing, and reviewed by peers as appropriate.

The council environmental health officer had nevertheless continued to assert a noise problem without providing technical evidence to support that position, neither had account been taken of the available controls on deliveries offered by a separate condition or the fallback positions of the established use of the premises and uncontrolled opening hours as part of the planning permission.

The inspector found no noise harm and allowed the appeal, also awarding costs against the council for unreasonable behaviour in not substantiating a refusal reason and preventing or delaying development which should clearly have been permitted.

Inspector: Gareth Wildgoose; Written representations

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