- Decision
- dismissed, 7 September 2026
- Decided by
- Planning Inspector: David Cross
- Authority
- Leicester (East Midlands)
- Appeal reference
- 6009328
- Application reference
- 20260349
- Procedure
- written representations
- Development
- Class MA prior approval for change of use of a first-floor Class E unit to one 1-bed flat above commercial ground floor
- Homes
- 1
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- GPDO Sch2 Pt3 Class MA.2(2)(d), P3
- Development plan policies
- Leicester Local Plan 2026 DQP06
- Main issues
- accompanying details; commercial noise impact on occupiers
Summary
Class MA prior approval for a flat above a Leicester commercial parade was dismissed. No noise impact assessment was provided, despite ground-floor commercial uses and multiple flues and plant (DL ¶12-15). The Framework's P3-type aim on noise exposure was applied only to the prior approval matter.
What made the difference
The missing noise impact assessment. Past residential use of the unit did not help, because the building "may not meet modern standards in respect of noise mitigation" (DL ¶14).
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 | fail | no noise impact assessment despite ground-floor commercial uses, extract flues and AC units; Framework aim of avoiding unacceptable noise exposure not met (DL 8-15) |
Key facts
- New Leicester Local Plan 2026 adopted after the council's decision and applied (DL 3)
- Parties consulted on the 2026 Framework (DL 4)
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.