Land off Storridge Road, Westbury, BA13 4HJ

Main issues, as the Inspector framed them

• whether or not the appeal site is an appropriate location for development of this type, having regard to local and national planning policy and guidance
• whether or not the proposed development would provide satisfactory living conditions for future occupiers, with particular regard to noise from the West Wiltshire Trading Estate (WWTE), and the capacity of the site to accommodate proposed noise mitigation works
• whether or not the proposed development would create potential future risks to the operation of the WWTE, with particular regard to the 'agent of change' principle and noise
• the effect of the proposal on ecology, including on the integrity of the Bath and Bradford on Avon Bat Special Area of Conservation (SAC) particularly with regard to bat mitigation, and the capacity of the site to accommodate proposed ecological works

What decided it

The unacceptable living conditions that would result from the need for closed windows to mitigate noise from the adjoining trading estate, combined with conflict with the Council's spatial strategy, meant the adverse impacts significantly and demonstrably outweighed the benefits even under the tilted balance.

Although the tilted balance under Framework paragraph 11(d)(ii) was engaged due to a 3.85 year housing land supply, the Inspector found the adverse impacts—principally conflict with the spatial strategy and unacceptable living conditions from noise, together with unresolved agent of change risk, limited character harm and limited construction harm—significantly and demonstrably outweighed the benefits of market and affordable housing, economic benefits, biodiversity net gain, open space and highway improvements.