- Decision
- allowed, 9 September 2026
- Decided by
- Planning Inspector: R Kent
- Authority
- West Devon (South West)
- Appeal reference
- 6002006
- Application reference
- 0895/25/VAR
- Procedure
- written representations
- Development
- s73 variation of noise conditions (11 and 12) on a wedding and events venue in a walled garden and barn
- Site context
- open countryside, national landscape, listed building setting, rural lane
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- P3, N4
- Development plan policies
- Plymouth and South West Devon Joint Local Plan 2019 DEV1, DEV25, Tamar Valley Management Plan 2026-2031
- Main issues
- living conditions (noise); National Landscape tranquillity; SAC
Summary
A wedding venue in a walled garden in the Tamar Valley National Landscape sought to replace an "inaudible at the boundary" music condition with a limit of 5 dB(A) above background at residential facades. The Inspector held that P3 sets the bar at avoiding significant observed adverse effects, not audibility. Tranquillity under N4 would not be eroded relative to the permitted use. Allowed, with amplified-music events capped at 20 a year.
Issues and findings
- Transition. The parties were invited to comment on the new Framework (DL ¶4).
- Noise: P3 PASS. P3 "states that development proposals should be appropriate for their location and, amongst other things, not result in levels of noise exposure which would have a significant observed adverse effect" (DL ¶15). The inaudibility condition "is effectively requiring there to be a No Observed Effect Level (NOEL) of noise exposure" (DL ¶16). Policy "do[es] not require that the level of noise generated by an activity must not be inaudible" (DL ¶17).
- National Landscape: N4 PASS. P3's definition of tranquil areas was read alongside the Management Plan. Because the permitted use already brings amplified music, "its tranquillity relative to the use which has already received planning permission would not be eroded" (DL ¶39).
- Heritage. The noise effect on the Grade II* farmhouse "would be a transient effect" and would not harm significance (DL ¶44).
- Conditions. The "tailpiece" allowing revisions to the Noise Management Plan by agreement was removed because it "can deprive third parties of the opportunity to comment" (DL ¶20, ¶48).
Planning balance
No balance was needed. The development complied with DEV1, DEV25, P3 and N4.
What made the difference
Technical acoustic evidence showing noise below LOAEL at the most sensitive receptor. There were no measured contrary readings, complaints had dropped after the Zone Array system was installed, and events and hours were already capped by other conditions (DL ¶¶21–26).
Transferable points
- P3 is read as a SOAEL/LOAEL test. A condition requiring noise to be inaudible over-reaches (DL ¶¶15–17).
- P3's "tranquil areas" definition can be used with N4 to assess National Landscape tranquillity, measured against the baseline of what is already permitted (DL ¶¶34, 39).
- Tailpiece wording that lets approved plans be revised by agreement was struck out of the conditions (DL ¶¶20, 48).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3 | pass | "inaudible at boundary" condition effectively demands a No Observed Effect Level; P3 only requires noise below SOAEL. 5 dB(A) above background at facade, below LOAEL, is acceptable (DL 15-17, 25, 29) | |
| N4 | pass | substantial weight to natural beauty; tranquillity (as defined in P3 and the AONB Management Plan) not eroded relative to the permitted use (DL 31-39) | |
| HE5(2)(b) | neutral | noise a transient effect on the Grade II* farmhouse; no harm to significance (DL 43-44) | |
| DM6 | neutral | tailpiece allowing the Noise Management Plan to be revised by agreement struck out; events with amplified music capped at 20 of 55 (DL 20, 48-49) |
Key facts
- Existing condition 12 required amplified music to be inaudible at the boundary of any residence
- Proposed limit of 5 dB(A) above background at facades; background 21-25 dB(A); Zone Array sound system installed
- Venue in Tamar Valley National Landscape; Grade II* Uphill farmhouse adjoining
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.