25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT
Wiltshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 July 2025
- Authority
- Wiltshire Council
- Inspector
- Worley E
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Householder developments
- Appellant
- David Baker
- LPA reference
- PL/2024/09901
- ONS LPA code
- E06000054
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 19 February 2025
Summary AI
The appeal for the installation of an air source heat pump was dismissed due to concerns about the potential noise impact on nearby properties. The inspector found that an assessment of the acoustic impact was necessary to protect the living conditions of occupiers.
PDF text
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — by E Worley BA (Hons) Dip EP MRTPI an Inspector appointed by the Secretary of State Decision date: 11 July 2025
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — 25 Hither Spring, Corsham, Wiltshire SN13 9UT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by David Baker against the decision of Wiltshire Council. • The application Ref PL/2024/09901 was approved on 17 December 2024 and planning permission was granted subject to conditions. • The development permitted is the installation of air source heat pump. • The condition in dispute is No 3 which states that: Prior to first use an assessment of the acoustic impact arising from the operation of the air source heat pumps shall be undertaken in accordance with the methodology in Heat Pumps Professional Advice Note (CIEH and IOA, November 2022). The assessment shall be submitted to the Local Planning Authority together with a scheme of attenuation measures to demonstrate the sound rating level from the ASHP does not exceed 35dB at any noise sensitive façade of neighbouring residential premises The scheme shall be submitted to and approved in writing by the Local Planning Authority. The details as approved shall be implemented prior to use and thereafter be permanently retained.
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — 25 Hither Spring, Corsham, Wiltshire SN13 9UT • The reason given for the condition is: So as to ensure compliance with Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — properties. https://www.gov.uk/planning-inspectorate
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — properties. https://www.gov.uk/planning-inspectorate Appeal Decision APP/Y3940/W/25/3360444 4. The appeal submissions indicate that the noise level generated by the ASHP would be 43.59 dB, which would exceed the MCS Planning Standard, and therefore the permitted development limit1, of 42dB by 1.59dB. While I note the appellants suggestion that the result would be lower, when taking account of the anticipated background noise level correction, there is no certainty this will be implemented by MCS. 5. I recognise that a change of up to 3dB would generally just be noticeable. However, even if a carefully installed ASHP would not typically generate disruptive levels of noise, whether an increase would be audible or lead to an increase in disturbance to the nearest receptors is dependent upon the surrounding context and acoustic environment. At the time of my site visit, which I appreciate is just a snapshot in time, there was a degree of background noise, including from the nearby railway and other neighbouring uses.
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — properties. Nonetheless, without precise details of the existing background noise levels, there is no clear evidence to demonstrate the noise that would be generated by the ASHP would be at a level that would not harm the living conditions of the occupiers of the neighbouring property. 6. My attention is drawn by the appellant to several other examples where planning permission has been granted by the Council for ASHPs, without such a condition. The Council suggest that these schemes differ from the appeal proposal for various reasons. Given that I do not have the details of each before me, I cannot be sure of the circumstances. In any case, I have determined the appeal on its own merits, based on the evidence before me. 7. I recognise the benefits of the proposal in terms of the provision of a low-carbon heating solution, which would accord with the aims of development plan policies which encourage the use of renewable and low carbon energy, and the National Planning Policy Framework, as well as the wider aims of the Wiltshire Climate Strategy 2022-2027, adopted February 2022. However, given the scale of the development, for a single ASHP at a domestic property, any benefits in that regard would be limited.
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — properties. Moreover, there is no substantive evidence that the cost of an acoustic assessment in this case would be prohibitive. Set against this, without an assessment of the acoustic impact it has not been demonstrated that the ASHP would not have a significant effect in terms of noise and disturbance. 8. Thus, condition 3 is reasonable and necessary, in the interests of the living conditions of occupiers of nearby properties. Conclusion 9. For the foregoing reasons, the appeal is dismissed.
25 HITHER SPRING, CORSHAM, WILTSHIRE, SN13 9UT — Wiltshire Council — E Worley INSPECTOR 1 The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) Schedule 2, Part 14, Class G https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶5
The inspector noted that there was a degree of background noise, including from the nearby railway and other neighbouring uses, but without precise details of the existing background noise levels, there was no clear evidence to demonstrate the noise that would be generated by the ASHP would be at a level that would not harm the living conditions of the occupiers of the neighbouring property.
Other For appellant
The inspector recognised the benefits of the proposal in terms of the provision of a low-carbon heating solution, which would accord with the aims of development plan policies which encourage the use of renewable and low carbon energy, and the National Planning Policy Framework, as well as the wider aims of the Wiltshire Climate Strategy 2022-2027.
Other Against appellant ¶8
The inspector found that condition 3 was reasonable and necessary, in the interests of the living conditions of occupiers of nearby properties, set against the limited benefits of the proposal and the lack of substantive evidence that the cost of an acoustic assessment would be prohibitive.
Policies relied on
| Reference | Weight |
|---|---|
| Core policy 57 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 11 July 2025 under the Open Government Licence.