Decision to refuse permission for industrial and storage building is overturned

The council rejected an application for the demolition of an existing building and construction of a new one at Landywood Enterprise Park last year.

Reasons for the refusal included the impact on neighbouring residents once the development, which was earmarked for industrial or storage and distribution use, was operational.

The authority added in its decision notice that “insufficient information has been submitted to demonstrate that the development will not lead to the stacking of vehicles on or off site in a safe manner or that it can be adequately serviced by HGVs from the surrounding highway network".

Applicant Mercia Real Estate appealed against the decision. And planning inspector Elaine Moulton ruled in favour of the applicant, granting planning permission for the new building, along with associated parking and loading areas at Units 50-62 of the enterprise park in Holly Lane.

In her decision notice she said: “The council has expressed concerns that the living conditions of nearby residents would be adversely affected due to noise and disturbances arising from loading of goods and reversing alarms.

"Nonetheless, in the absence of any substantive evidence to the contrary, I find no reason to dispute the findings of the NIA (Noise Impact Assessment) that such noise would be adequately mitigated by the proposed building and the erection of a three-metre high solid barrier fence around part of the service yard.

“It is also reasonable to conclude that the 3m high acoustic fence secured through the outline planning permission would appropriately mitigate the effect of the proposal on the occupiers of that development.

“There is no evidence to suggest that additional HGV movements would materially change the noise characteristics within the wider area, even when the traffic calming measures and the associated slowing and revving of vehicles are taken into consideration.

"Furthermore, a condition could be imposed to control the management and routeing of all HGV movements to minimise any effect on the living conditions of the occupiers of the wider area.

“The tracking assessments for HGVs and large cars, within the submitted transport statement, demonstrates that the parking and manoeuvring of vehicles associated with the proposed development can be safely accommodated within the site.

"Whilst vehicles currently park along the internal access road, its width is sufficient for a HGV to safely pass.

“Accordingly, given its length, it is reasonable to consider that a significant number of HGVs could be accommodated on the internal access road.

"Consequently, there is no robust basis upon which to conclude that the stacking of HGV vehicles associated with the proposal would extend to the public highway and would be detrimental to highway safety.”