- Decision
- allowed, 18 September 2026
- Decided by
- Planning Inspector: Claire Coles
- Authority
- South Downs National Park (South East)
- Appeal reference
- 6005081
- Application reference
- SDNP/25/04098/CND
- Procedure
- written representations
- Development
- s73 (non-determination) to vary hours condition and remove noise/HGV/electric-plant conditions on a barn-to-B8 storage permission (SDNP/23/01293/FUL)
- Site context
- national park, open countryside
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM6, N4
- Development plan policies
- South Downs Local Plan SD5, SD7, SD54
- Main issues
- living conditions; National Park tranquillity; conditions
Summary
A s73 appeal to loosen operating conditions on a small B8 storage use in former dairy barns in the South Downs National Park. Allowed in effect only in part. Hours were extended by 1.5 hours a day and the all-electric plant condition was dropped. The reversing-alarm, BS4142 noise and HGV-cap conditions were kept, with the HGV condition made more precise. N4 "substantial weight" and National Park tranquillity underpinned the conditions that were retained.
What made the difference
The EHO's position on each condition, the appellant's own noise assessment (which recommended broadband alarms), and a history of noise enforcement. Unfettered agricultural use is not a fallback that justifies an unconditioned B8 use (DL ¶15).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6 | neutral | six tests "not changed" by the 2026 Framework (DL 11); hours extended to 07:30-18:00 weekdays and electric-plant condition removed; white-noise alarm, BS4142 noise and 10 HGV/week conditions kept, the latter made more precise (HGV >7.5t; trip = in and out) (DL 14-30) | |
| N4 | neutral | substantial | substantial weight to conserving National Park; tranquillity (SD7) justified keeping reversing-alarm and noise controls (DL 13, 21) |
| P3 | pass | code mapped by harvester — living conditions of homes 55m and 85m away protected by retained conditions |
Key facts
- Nearest homes about 55m and 85m away; past enforcement for unlawful noisy activity (DL 12, 16)
- Six prospective tenants said to be deterred by hours; commercial reasons "not material" (DL 14, 18)
- Parties not re-consulted on the 2026 Framework (DL 2)
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.