Sharps Redmore have successfully defended North Warwickshire Borough Council's decision to refuse outline planning permission for the redevelopment of the former Daw Mill Colliery in Warwickshire (APPLICATION REF: PAP/2014/0339). The Public Inquiry was held in February 2017, with the formal decision only just released after a lengthy review by the Secretary of State.
Sharps Redmore staff, Keith Metcalfe, presented evidence on noise matters, with Clive Bentley giving evidence for the first time on the subject of tranquillity.
With regard to noise “the Secretary of State agrees with the Inspector that the impact of noise from the proposed development cannot be regarded as having anything less than a significant adverse impact”. Similarly with regard to tranquillity “the Secretary of State agrees with the Inspector that there can be no surety that the noise from the rail-related uses would not give rise to significant adverse impacts on the long term health and quality of life of residents and those who enjoy the countryside”. Tranquillity is often considered in terms of landscape and visual impacts whereas in this case, the Inspector made the decision on the basis of his consideration of sound level and character, as suggested by Sharps Redmore’s evidence. We were delighted that this approach has been shown to be helpful and valid in this case, and particularly pleased that this quiet valley will remain peaceful and protected by this decision.