Developer wins noise battle with council

Plans to create six apartments near Derby city centre can go ahead

A developer has won a fight against Derby City Council over plans to create six apartments near the city centre.

EMS Limited will be able to transform a former office block into new homes on land off Great Northern Road following a decision by the Planning Inspectorate.

The city council had turned down the plans at Great Northern Court due to concerns residents would be affected by noise from nearby businesses.

But the Planning Inspectorate said the development could go ahead as long as a sound insulation scheme was installed.

Existing commercial premises close to the site include a motor repair garage and a gymnasium, both of which are on Great Northern Road.

Part of the building also backs on to Carrington Court Industrial Park, which includes a children's soft play unit.

'Appropriately controlled'

The refusal happened in May last year as the council was concerned about noise issues for potential residents "as a result of regular commercial activity and general disturbance from those nearby uses, both during the day and night, which would have a significant impact on the residential amenities of future occupants of the proposed apartments".

However, following an appeal the appointed and independent Planning Inspectorate said a noise assessment carried out by the applicant "suggests that noise levels at the site were generally low with road traffic being the main noise source".

The Planning Inspectorate concluded the apartments plan could go ahead.

The inspectorate's decision stated: "I am satisfied that noise levels within the building can be appropriately controlled by the council's suggested condition that a scheme of sound insulation be submitted."

Paul Clarke, head of planning at Derby City Council, told a planning committee meeting last week: "We felt the noise impacts from the neighbouring uses was unacceptable.

"You might conclude that it appears our tolerance to noise and noise impacts are more stringent than the inspector's decision."

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