# Albury Dairy, Honey Lane, Selborne

- **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
- **Tags:** tier-2, disputed-conditions, section-73, national-park, transitional-no-consultation, non-determination

## 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
- **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 weight).** 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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6005081
- https://appeal-planning-decision.service.gov.uk/published-document/536660f3-0028-4f55-b60b-57c1dfa28ac9

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6005081.html

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