Noise concerns fail to stop housing scheme in its tracks after developer goes to appeal

A planning inspector has backed plans for 240 new homes at Elsenham after an appeal by the developer.

Uttlesford District Council had refused permission in June last year for the scheme near the M11 and close to a railway line, citing concern over noise levels, which would exceed the guideline limit of 55 decibels in properties’ gardens and mean windows would need to stay closed to ensure acceptable levels indoors.

Interestingly, a proposal for 220 homes at the same site was refused in 2019 before failing at appeal in 2021, the planning inspector also referring to excessive noise.

However, this time round, after the almost inevitable appeal, planning inspector Richard Aston decided that acoustic fencing would help mitigate any noise issues and make the development acceptable under national policy, even if he did note that the new residents would not enjoy “ideal living conditions”.

Mr Aston also noted that the provision of up to 240 homes, 40 per cent of them classed as affordable, would boost housing supply and factor strongly towards the scheme’s approval.

“Drawing everything together,” he concluded, “the engagement of the presumption in favour of sustainable development recognises that not all schemes will be perfect – an imperfect scheme can be considered as sustainable development for which planning permission can be granted if the adverse impacts do not clear the high bar that the so-called ‘tilted balance’ creates.

“It operates, amongst other things, to support the government’s objective of significantly boosting the supply of homes. Even with mitigation, this is a residential development scheme which would not achieve ideal living conditions for some future occupiers.

“It would be in conflict with the development plan as a whole and result in a range of limited to moderate adverse impacts. Balanced against these adverse impacts, however, the positive benefits of the proposal weigh heavily in its favour.”