Appellant receives sweet decision
Published: 06 Mar 2017

A planning application, submitted in April 2016, for a single house in Elland in West Yorkshire was originally rejected by Calderdale Metropolitan Borough council. The council had concerns about the living conditions for the future occupiers of the house, seeing as the proposed house would be located on land next to a factory.

The main concern was with odour and noise from the factory and the impact that it could have on anyone who occupied the house in the future. The application was eventually granted on appeal and one of the main reasons that the appeal was successful was the fact that the factory in question.....is a sweet factory.

In response to the Council's concerns about odour, the appellant actually undertook three odour surveys. Each found that intermittent scents were detectable, but those scents were "delightful". The inspector did not pick up on any smells coming from the factory during their site visit. Although the factory itself, Dobson's, and the Council disagree with the findings of the odour assessments, the planning inspector determined that the smells were not a nuisance.

Regarding noise concerns; noise measurements were taken and showed that some noise was detectable, but it was determined that providing suitable noise mitigation design features would be enough the make sure that noise was not a constraint on the development.

There was a further concern that the site is within a conservation zone. However, the inspector found that the site is currently in such an untidy condition, it currently actually "detracts from the special characteristics of the conservation area".

Without a doubt, the "delightful" odours will surely make this house an interesting prospect for those with a sweet tooth.

                                                                                                                                                                                                                                                                                                                                                      

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