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Noise and Heritage Concerns lead to Dismissal of Appeal

13.01.2021

Noise and Heritage Concerns lead to Dismissal of Appeal

4 Market Place, Wallingford.

A planning Inspector has dismissed planning and listed building consent appeals concerning a residential development in a highly sensitive area following a public inquiry. Tom Cosgrove QC appeared on behalf of the local planning authority - South Oxfordshire District Council in successfully defending the appeals. The inquiry heard complex evidence from leading experts concerning the potential impacts of noise on and from an important local entertainment facility and community asset which was situated immediately adjacent to the proposed development. In particular, the risk of harm to future occupants from structure borne noise and the likelihood of complaints leading to future enforcement action which could endanger the operation of the venue were considered. Novel legal arguments concerning the use of conditions and easements, fallback positions and the agent of change principle (paragraph 182 NPPF) were considered. The Inspector agreed with the Council that there was a significant risk of harm to future occupants and doubt as to whether such harm could be mitigated.

Further, the Inspector found that the proposal would cause harm to several designated heritage assets and that the seriousness of the harm meant it was not outweighed by the purported benefits of the scheme. The several serious conflicts with development plan policy found led to the dismissal of the appeal.

A copy of the Appeal Decision can be found HERE.