- Decision
- dismissed, 26 August 2026
- Decided by
- Planning Inspector: J Smith
- Authority
- Trafford (North West)
- Appeal reference
- 6010095
- Application reference
- 118677/VAR/26
- Procedure
- written representations
- Development
- s73 variation of acoustic verification condition on café-to-bar (sui generis) permission, below a residential flat
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- P3(2)(b)
- Development plan policies
- Trafford Core Strategy 2012 L7, Places for Everyone 2024 JP-P1
- Main issues
- living conditions — noise
Summary
Application to replace a condition requiring acoustic verification of the ceiling insulation below a flat with a music-only trigger. Dismissed: "Music is not the sole source of noise … the proposed revision to Condition 9 would not adequately control all sources of noise" (DL ¶7). The letter decides the case on plan policy and never cites the Framework.
What made the difference
The appellant's own noise assessment predicted internal levels of about 83 dB. The absence of complaints was not evidence of acceptability: "The objective should be to prevent such harm from arising in the first place" (DL ¶10). Community support attracted only "limited, yet positive weight" (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 |
|---|---|---|---|
| P3(2)(b) | fail | revised condition controls only live music; patron noise from up to 80 customers (NIA predicts ~83 dB internal) unmitigated for flat above; decided under plan policy L7 and JP-P1, Framework not cited (DL 5-16) | |
| P4 | neutral | agent-of-change argument rejected because neighbouring parade uses are quiet daytime uses (DL 12) |
Key facts
- Appellant's own NIA predicted ~83 dB internal noise against the proposed 66 dB music limit
- Bar capacity about 80 patrons, directly below a first-floor flat
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.