A developer that claimed that the residents of a proposed housing development on the doorstep of an abattoir and an industrial estate would not suffer from excessive noise if they closed their windows has failed to overturn planning refusal for the scheme.
Solihull-based Bryant Homes had asked the High Court to quash an inspector’s decision upholding Castle Morpeth District Council’s refusal of planning permission for the development at Ponteland Mart, off West Road.
However, Sullivan J backed the inspector’s decision, and said it was “simply not good enough” in a comparatively quiet rural village for residents to enjoy a peaceful life only with their windows closed.
He upheld the inspector’s finding that the noise-abatement measures in the development were “over-dependent” on closed windows, which was not sufficient to justify planning permission in a rural area. The inspector also found that plans for an access road to the development posed a risk to pedestrians.
Bryant Homes admitted in its planning application that while the site was bounded by existing housing to the south and west, Manners Meat Abattoir was located to the east and a small industrial estate was situated to the north. It also concurred that the abattoir and estate both produced a great deal of noise.
But the developer claimed that, in order to combat the noise, it would erect a noise barrier, the garages and gardens would face the worst noise, and it would install double glazing incorporating acoustic ventilation to provide acceptable levels of noise when the windows were closed.
Bryant Homes v First Secretary of State and another Queen’s Bench Division (Sullivan J) 6 March 2003.
Jonathan Powell (instructed by Sharpe Pritchard) appeared for the claimant; James Strachan (instructed by the Treasury Solicitor) appeared for the first defendant.
References: PLS News 7/3/03
