Case 3354431

22 Skys Wood Road, St Albans, Hertfordshire, AL4 9PG

St Albans City Council — appeal allowed

Outcome
Allowed
Decision date
28 April 2025
Authority
St Albans City Council
Inspector
Savage K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Householder developments
Appellant
Thomas Thomaidis
LPA reference
5/2024/1258
ONS LPA code
E07000240
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 November 2024

Summary AI

The appeal was allowed due to satisfactory noise reduction details submitted by the appellant, addressing the Council's concerns regarding neighbours' living conditions.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

22 Skys Wood Road, St Albans, Hertfordshire, AL4 9PG — St Albans City Council — Appeal Decision Site visit made on 9 April 2025 by K Savage BA(Hons) MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 28 April 2025 Appeal Ref: APP/B1930/W/24/3354431 22 Skys Wood Road, St Albans, Hertfordshire AL4 9PG • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by Thomas Thomaidis against the decision of St Albans City Council. • The application Ref 5/2024/1258 sought approval of details pursuant to condition No 3 of planning permission Ref 5/2023/2099, granted on 3 July 2024. • The application was refused by notice dated 19 September 2024. • The development proposed is: Installation of air source heat pump on the side of the main property wall, facing the neighbour at 24 Skys Wood Road. • The details for which approval is sought are: Details of a louvred enclosure that would achieve a noise reduction of at least 2 dB(A) outside the worst affected neighbouring window as recommended by the submitted Noise Impact Assessment by ParkerJones Acoustics (received 25/06/2024). Decision 1.

Page 1 · Chunk 1 Appeal Decision

22 Skys Wood Road, St Albans, Hertfordshire, AL4 9PG — St Albans City Council — Appeal Decision The appeal is allowed and details of a louvred enclosure submitted pursuant to condition No 3 attached to planning permission Ref 5/2023/2099, granted on 3 July 2024, are approved in accordance with the application dated Ref 5/2024/1258 and the following document submitted with it: Noise Impact Assessment by ParkerJones Acoustics (Revision 1 dated 18 October 2024). Main Issue 2. The main issue is whether the details submitted are sufficient to discharge the condition, having regard to the protection of neighbours’ living conditions. Reasons 3. Planning permission was granted for installation of an air source heat pump to the side elevation of the dwelling. Condition No 3 of the decision required details of a louvred enclosure capable of noise reduction of a least 2 dB(A) when measured from the nearest affected window. The appellant has provided details of the proposed louvre. 4. The Council refused to discharge the condition on the basis that the noise reduction capability of the louvre was not provided.

Page 1 · Chunk 2 Appeal Decision

22 Skys Wood Road, St Albans, Hertfordshire, AL4 9PG — St Albans City Council — Appeal Decision The appellant has subsequently provided a note from his noise consultant confirming that the louvre would achieve at least 5 to 6 dB(A) reduction and would thus achieve satisfactory noise levels when measured at the nearest affected window. 5. The Council accepts that this information is sufficient to discharge the condition, but has asked for it to be disregarded on the basis that it did not form part of the original application. However, the additional information in this case is necessary for the appellant to address the reason for refusal. The Council has had the https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

22 Skys Wood Road, St Albans, Hertfordshire, AL4 9PG — St Albans City Council — Appeal Decision The appellant has subsequently provided a note from his noise consultant confirming that the louvre would achieve at least 5 to 6 dB(A) reduction and would thus achieve satisfactory noise levels when measured at the nearest affected window. 5. The Council accepts that this information is sufficient to discharge the condition, but has asked for it to be disregarded on the basis that it did not form part of the original application. However, the additional information in this case is necessary for the appellant to address the reason for refusal. The Council has had the https://www.gov.uk/planning-inspectorate Appeal Decision APP/B1930/W/24/3354431 opportunity to consider the information and has rendered its view. Consequently, I am satisfied that no injustice would arise by my taking the information into account. 6. Therefore, on the evidence before me, I am satisfied that the details provided in respect of the acoustic performance of the louvre are satisfactory and the condition can be discharged. Conclusion 7. For the reasons set out above, I conclude that the appeal should be allowed.

Page 2 · Chunk 4 K Savage

22 Skys Wood Road, St Albans, Hertfordshire, AL4 9PG — St Albans City Council — K Savage INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶4

The Council initially refused to discharge the condition due to lack of information on the louvre's noise reduction capability.

Living conditions
For appellant
¶5

The additional information provided by the appellant's consultant confirmed the louvre would achieve satisfactory noise levels.

Living conditions
For appellant
¶6

The inspector considered the additional information and concluded the condition could be discharged.

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 28 April 2025 under the Open Government Licence.