184-186 Gipsy Lane, Leicester (Class MA first-floor flat)

appeal 6009328·Leicester·7 September 2026dismissed
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.

PolicyFindingWeightNote
P3failno 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

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.