®Planning appeal decision
Kea Downs Business Park, Three Burrows, Blackwater, Truro, Cornwall, TR4 8HU
Planning appeal 3279612 at Kea Downs Business Park, Three Burrows, Blackwater, Truro, Cornwall, TR4 8HU (Cornwall Council) was dismissed on 14 December 2021 by Inspector Gethin T, by written representations. The main issue, as the Inspector framed it: whether the condition is necessary with regard to noise disturbance in relation to the living conditions of adjoining occupiers, users of the byway and the character of the area.
Redevelopment of existing sawmills site and the erection of seven industrial/warehouse units - use classes B1 & B8 without complying with a condition attached to planning permission Ref PA04/0962/06/B, dated 6 September 2006
- Authority
- Cornwall Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- employment-industrial · Minor general industry/storage/warehousing
- Inspector
- Gethin T
- Postcode
- TR4 8HU
Main issues, as the Inspector framed them
- whether the condition is necessary with regard to noise disturbance in relation to the living conditions of adjoining occupiers, users of the byway and the character of the area
What decided it
The noise assessment's own findings of potential excess noise levels at weekend night-times, combined with the proximity of residential properties to the site in a rural setting and the inadequacy of proposed alternative mitigation measures, demonstrated that removing the condition would harm adjoining occupiers' living conditions and the character of the area.
The economic benefits to businesses from unrestricted operating hours were outweighed by the harm to the living conditions of adjoining occupiers and the character of the rural area, and the condition was found to be reasonable and necessary rather than an unnecessary barrier to business operation.
What the Inspector cited
- Development plan policies
- Policy 12 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 16 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 23 of the Cornwall Local Plan Strategic Policies 2010-2030Policy QD1 of the Chacewater Parish Neighbourhood Development Plan 2018-2030Policy EJ7 of the Chacewater Parish Neighbourhood Development Plan 2018-2030Policy 3A of the Carrick District Wide Local Plan 1998Policy 5K of the Carrick District Wide Local Plan 1998Policy 8B of the Carrick District Wide Local Plan 1998Policy 5 of the Cornwall Local Plan Strategic Policies 2010-2030
- National Planning Policy Framework
- Paragraph 11Paragraph 56Paragraph 81Paragraph 82
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.