The appeal site formed part of the garden of a semi-detached private house accessed through a communal garaging and parking yard serving 40 properties. The appellant had sited a refrigeration unit behind a boundary wall occupying some 6m2 of the garden. He stated that the unit contained two days' worth of products including milk, orange juice, eggs and potatoes that were delivered each day by van.
The inspector found that the persistent humming noise of the refrigerator was likely to annoy local residents using their gardens. In addition, he noted that the appellant received some deliveries of milk and other products at 6.30am. Although this only occurred once every two days, he decided that it was sufficient to undermine the amenity of local residents. He gave the appellant six months to comply.
DCS Number 100-050-785
Inspector Roger Dyer; Hearing.