Planning permission near quarry quashed due to noise

Planning permission near quarry quashed due to noise

In Cemex v Richmondshire DC [2018] EWHC 3526 (Admin), the court quashed a grant of planning permission for a barn conversion in the vicinity of a limestone quarry and asphalt plant. The local planning authority had failed to have regard to Planning Practice Guidance (PPG) on noise impacts on the new development by relying on the closure of windows to ensure a satisfactory noise environment and failed to require all the mitigation measures recommended in the noise assessment.

 

The decision is a useful interpretation of national noise policy in the National Planning Policy Framework (NPPF) and PPG. Paragraph 182 of the 2018 version of the NPPF incorporates the ‘agent of change principle,’ which requires that existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. Where the operation of an existing business or community facility could have a significant adverse effect on new devel

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About the author:

Jen is a solicitor specialising in planning law. She has experience in relation to a range of planning topics, including environmental impact assessment, section 106 agreements, highways orders, compulsory purchase, freedom of information issues, inquiries, judicial review, the Localism Act 2011, the National Planning Policy Framework and major infrastructure projects. After qualifying at Ashurst, Jen worked at Bevan Brittan and subsequently at CMS Cameron McKenna as an associate in the planning team. She worked as an external author for LexisPSL before joining the team in November 2010. She has written for a variety of legal publications, including the New Law Journal, Utilities Week, Planning Resource and The Lawyer. Jen regularly appears on Talking Law videocasts providing legal updates on planning law.