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Dismissed28 July 20213268350

On & Offline Services Ltd, Metropolitan House Darkes Lane, Potters Bar, EN6 1AG

Planning appeal 3268350 at On & Offline Services Ltd, Metropolitan House Darkes Lane, Potters Bar, EN6 1AG (Hertsmere Borough Council) was dismissed on 28 July 2021 by Inspector Cooper W, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be permitted development under Schedule 2, Part 3, Class O of the GPDO, with specific regard to criterion (d) of condition Class O.2.(1), in respect of impacts of noise from commercial premises on the intended occupiers of the development.

change of use and conversion of the first, second, third, fourth, fifth, sixth and seventh floors of Metropolitan House from Use Class B1(a) offices to Use Class C3 dwelling houses, with ground level car parking and basement/ground floor refuse storage and cycle parking

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Cooper W
Postcode
EN6 1AG

Main issues, as the Inspector framed them

  • Whether the proposal would be permitted development under Schedule 2, Part 3, Class O of the GPDO, with specific regard to criterion (d) of condition Class O.2.(1), in respect of impacts of noise from commercial premises on the intended occupiers of the development

What decided it

The unacceptable adverse noise impacts from the McDonald's plant and drive-through facility on approximately one-third of the proposed dwellings when windows are open, which would result in significant noise nuisance, discomfort and health risks to future residents, contrary to NPPF paragraphs 130, 174 and 185.

What the Inspector cited

National Planning Policy Framework
Paragraph 130Paragraph 174Paragraph 185Paragraph 187

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.