Council wins appeal over noise control at flats

A developer who converted a five-storey former Ministry of Defence office building into flats without council-approved noise control measures has lost a planning appeal.

Sapphire House, at Stafford Park 10, in Telford, was approved for conversion into one set of 51 apartments and another set of 80 flats on condition that they have secondary glazing.

The block, which had been vacant for some time, is close to the motorway and is in an industrial estate.

But developer Mr N Patel of Kalinga Holdings was turned down by Telford & Wrekin Council planners after he applied to get the planning condition lifted.

The developer had submitted a new noise assessment which said that the introduction of secondary glazing was not necessary. They said that when the flats were furnished, this would lessen the impact of noise from outside.

He then appealed to the Planning Inspectorate to overturn the council’s decision.

Planning inspector G Sibley, in a decision announced this week (April 7), agreed with the council’s assessment.

The inspector said: “The reason given for the conditions was to protect the amenities of the future occupants of the residential units and in the context of this appeal, this covers a multitude of matters which could include ventilation and thermal efficiency which was identified by the council.”

The inspector added: “Based on the evidence before me it is has not been robustly justified that the internal target levels should be relaxed.”

The decision letter added that noise levels would “still exceed the recommended (non-relaxed) levels for living rooms and for all types of rooms at night.”

The inspector concluded that: “The proposals would cause harm to the living conditions of the occupiers of the Sapphire House, and this would lead to a conflict with the relevant policies in the development plan.”

Pic: Telford Live