- Decision
- allowed, 29 September 2026
- Decided by
- Planning Inspector: Richard Snow
- Authority
- Charnwood (East Midlands)
- Appeal reference
- 6010437
- Application reference
- P/25/1892/2
- Procedure
- written representations
- Development
- Appeal against condition 3 (noise assessment and mitigation within one month) on a retrospective permission for an external ventilation system and three A/C units on an industrial unit
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM6
- Development plan policies
- Charnwood Local Plan 2021-37 DS4
- Main issues
- whether the condition is reasonable and necessary
Summary
Appeal against a noise condition on a retrospective permission for ventilation plant on an industrial unit. Allowed. The condition was needed in principle, but it failed the DM6 tests: the timescale was unreasonable, mitigation was required whatever the assessment found, and there was no sanction. It was replaced with a condition requiring the approved acoustic surround to be installed within three months, or the use of the ventilation system to stop.
Issues and findings
- DM6. "Furthermore, given the retrospective nature of the planning permission, a sanction for not complying with the condition was essential, and without it, the condition is unenforceable. I therefore find that the condition is neither reasonable nor enforceable. Accordingly, it does not meet the tests for planning conditions set out in Policy DM6 of the National Planning Policy Framework" (DL ¶12).
Transferable points
- A condition on a retrospective permission needs a sanction (cessation or removal) to be enforceable (DL ¶11-12).
- Requiring mitigation regardless of what a required assessment finds is unreasonable (DL ¶10).
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 | fail | condition necessary in principle, but a one-month deadline was unreasonable, mitigation was not tied to the assessment's findings, and with no sanction the condition was unenforceable; replaced with a condition requiring the approved acoustic surround within three months or cessation of use (DL 9-13) |
Key facts
- Nearest homes 70-90 m away; fan noise audible at them (DL 6, 9)
- The acoustic surround shown on the approved plans had not been installed (DL 4)
- Council submitted no appeal statement (DL 4)
- [object Object]
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.