®Planning appeal decision
Unit 10, Red Lyons Business Centre, Latchingdon, Essex, CM3 6JH
Planning appeal 3294629 at Unit 10, Red Lyons Business Centre, Latchingdon, Essex, CM3 6JH (Maldon District Council) was dismissed on 23 January 2023 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: The effect that amending the condition would have on the living conditions of the occupants of nearby residential properties, with regard to noise disturbance.
change of use of unit 10 from a restricted B8 use (householder storage) to B1’ without complying with a condition attached to planning permission Ref FUL/MAL/14/00418, dated 8 October 2014
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- employment-industrial · Other minor developments
- Inspector
- Shearing C
- Postcode
- CM3 6JH
Main issues, as the Inspector framed them
- The effect that amending the condition would have on the living conditions of the occupants of nearby residential properties, with regard to noise disturbance
What decided it
The evidence of existing noise complaints relating to the premises and the proximity to residential properties, combined with insufficient evidence to demonstrate that the extended operating hours would not cause harm to neighbouring living conditions, led to the conclusion that the proposal would conflict with development plan policies and the Framework.
What the Inspector cited
- Development plan policies
- Policy BE1 of the adopted Maldon District Replacement Local PlanPolicy D1 of the Maldon District Submission Local Development PlanPolicy D1 of the Maldon District Approved Local Development Plan 2017Policy D2 of the Maldon District Approved Local Development Plan 2017
- National Planning Policy Framework
- Paragraph 185
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
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.