Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — by P Barton BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 28 October 2025.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham BS31 2UG • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) (the Act) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by 4Concrete Ltd against the decision of Bath and North East Somerset Council. • The application Ref is 24/03008/VAR. • The application sought planning permission for the erection of 3no. acoustic barriers, permission to allow the filling of concrete mixing vehicles between 6:30am and 5:30pm (Monday-Friday) 8:00am- 1:00pm on Saturday and 7:30am-5:30pm (Bank Holidays); permission to allow other specified operations at the site between 7:30am and 6:30pm (Monday to Friday), and 8:00am and 1:00pm (Saturday) and 7:30am-5:30pm (Bank Holidays), and permission to store materials in external yard area without complying with a condition attached to planning permission Ref 21/01412/FUL, dated 14 April 2022.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham BS31 2UG • The condition in dispute is No 7 which states that: The operation of the site between 0630 and 0730 hours Monday to Friday and between 1730 and 1830 hours Monday to Friday shall cease one year after confirmation is received from the Local Planning Authority that the required sound attenuation levels have been met as required by the details prescribed by Condition 2, and the extended operating hours hereby permitted shall thereafter be discontinued. • The reason given for the condition is: In the interests of safeguarding the living conditions of local residential occupiers.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. https://www.gov.uk/planning-inspectorate

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. https://www.gov.uk/planning-inspectorate Appeal Decision APP/F0114/W/25/3369086 3. I have amended the description of the original act of development in the banner heading above to omit re-submission of planning application 20/02008/FUL, as it is not a description of development. 4. The appellant has submitted an amended Site Management Plan (SMP). This information does not involve a substantial difference or fundamental change. Due to the nature of the information, the representations made from interested parties, and that the Council have had the opportunity to review the information, I am satisfied that taking it into account would not cause procedural unfairness to anyone involved in the appeal. As such I have accepted the SMP. Background and Main Issue 5. The appellant began operating from the established industrial site in 2019, which was subject to restrictions on working hours between 7:30am and 5:30pm on Mondays to Fridays and between 8:00am and 1:00pm on Saturdays, with no working on Sundays. 6. A planning application1 was allowed on appeal2 in 2022 (the 2022 planning permission) for the development described in the banner heading above. This included condition No.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. 7, which provided extended weekday operating hours of an hour in the morning between 6:30am and 7:30am and an hour in the evening between 5:30pm and 6:30pm (the extended hours). The extended hours were allowed on a temporary basis for one year following the installation of the acoustic barriers and confirmation, by means of an acoustic report, that noise generated by activities at the site do not exceed specified limits. The temporary consent enabled the opportunity for the effectiveness of the acoustic barriers to be monitored over a one-year period in advance of the potential future consideration of a proposal to extend operating hours on a permanent basis. This temporary period has now expired, and the appellant now seeks the removal of condition No. 7 to allow the extended hours on a permanent basis. 7. Accordingly, the main issue is whether the condition is reasonable and necessary in the interests of protecting the living conditions of local residents. Reasons 8. The appeal site is located to the western end of a larger industrial area, at its junction with Avon Mill Lane. To the north is the Great Western Railway Line and to the south are residential properties.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. The closest of these residential properties are dwellings and a residential care home on Vandyck Avenue with further dwellings located off Avon Close. 9. The 2022 planning permission contained a planning condition that sought to ensure that noise generated by activities at the site did not exceed certain limits. The relevant maximum assessment levels were agreed by the Environmental Health Officer (EHO), taking into account the context of the site, and the Inspector on the 2022 planning permission was content that they were reasonable. 10. In approving the acoustic reports required by condition No. 2 attached to the 2022 planning permission, the Council identified that the acoustic barriers have 1 Planning application Ref: 21/01412/FUL 2 Planning appeal Ref: APP/F0114/W/21/3281221 https://www.gov.uk/planning-inspectorate 2

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. Appeal Decision APP/F0114/W/25/3369086 delivered a significant reduction in noise levels and while minor exceedances in noise levels were noted, in acoustic terms they were imperceptible. 11. The noise assessment3 in support of the appeal proposal is broadly reflective of the findings of previous assessments undertaken on behalf of the appellant. In concluding that noise emissions are estimated to comply with the noise criteria at the nearest dwelling, it also highlights that noise generated during the working day was found to be lower than previously surveyed. The EHO, as the Council’s specialist internal consultee, has not raise an objection to the proposal. 12. An earlier noise report commissioned by the Council, in response to noise complaints from local residents, also identified some degree of exceedance of noise levels, some of which were due to birdsong, aircraft and trains. On one occasion the breach was clearly due to noise generated on the site and was understood to relate to the horn from a mixer truck as it departed.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. Whilst the character of the noise generated from the site has the potential to be different to other noises in the locality, the impact of all of these in the wider noise environment have been assessed. Notwithstanding these findings, including that some of the daytime activities breached the planning condition, there is no evidence before me to demonstrate that the Council considered these breaches to be of such a nature and severity that it justified formal enforcement action. 13. The various assessments on behalf of the appellant relating to the site have been undertaken by a qualified noise consultant. Reports of exceedances of noise levels have been found to be minor and low impact. Consequently, these do not represent significant harm on living conditions. Whilst the activities on the appeal site continue to operate very close to the upper margin of compliance with the noise limit, it is demonstrated that with good management they can be met. 14.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. Though there are concerns raised on the latest noise assessment’s methodology, including the placement of surveying equipment within the site and claims of not complying with Government Guidelines, it was undertaken with the prior agreement of the EHO, who did not dispute the report’s findings. Moreover, there has been no substantiated complaint nor has the EHO been able to verify any impact being experienced at the nearest residential receptor in the early morning period. 15. Additional measures are included in the amended SMP, and I see no reason why its full implementation would fail to make a positive difference. As per the previously approved SMP, the provision for operations outside the approved hours due to exceptional circumstances, including those outside of the appellant’s control, is both reasonable and proportionate for a business of this nature. The recording and declaration of these to the Council would assist in the monitoring of activities as well as investigations into any alleged breach of condition at the site. It does not authorise operations on the site outside the approved hours. 16.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. A significant inclusion within the amended SMP is the reduced number of concrete mixing vehicles that can be filled and depart from the site between 6:30am and 7:30am as well as a maximum number of vehicles in operation at any one time. Moreover, only wet concrete mix can be prepared during the extended hours, which I understand is demonstrably quieter than dry mixes. All these factors would reduce noise levels being generated from the site. 3 Acoustic Report M2016/R05 2nd October 2024 https://www.gov.uk/planning-inspectorate 3

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. A significant inclusion within the amended SMP is the reduced number of concrete mixing vehicles that can be filled and depart from the site between 6:30am and 7:30am as well as a maximum number of vehicles in operation at any one time. Moreover, only wet concrete mix can be prepared during the extended hours, which I understand is demonstrably quieter than dry mixes. All these factors would reduce noise levels being generated from the site. 3 Acoustic Report M2016/R05 2nd October 2024 https://www.gov.uk/planning-inspectorate 3

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. Appeal Decision APP/F0114/W/25/3369086 17. To reduce the noise impact of jackhammering, which is a process of removing hardened concrete, the acoustic report highlights that this is now undertaken behind the main building within the site that provides significant shielding attenuation. 18. For the above reasons, condition No. 7 is neither reasonable nor necessary in the interests of protecting the living conditions of local residents. Accordingly, I find no conflict with Policies D6 and PCS2 of the Bath and North East Somerset Placemaking Plan (July 2017), which seek, amongst other things, that development must not cause significant harm to the amenities of existing occupiers, including by reason of increased noise. Other Matters 19. The appeal site is located adjacent to the Keynsham Conservation Area (CA), and thereby within its setting. On the basis that the proposal relates to a modest increase in operating hours within an established industrial context, there would be no harm to the character or appearance, or significance, of the CA. 20. Under Section 73 of the Act, I can only consider the disputed condition that is subject to the appeal and this is not a complete re-consideration of the original permission. 21.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. Interested parties have raised concerns regarding highway safety, including the creation of congestion, associated vehicles parking outside the site obstructing pedestrians and restricting visibility, and the spillage of aggregate and cement on the highway. These matters are not raised by the Council, and I have seen little substantive evidence to show that there would be unacceptable harm in these respects arising directly from the proposed extended hours. 22. With regard to issues over dust, I did not observe any significant dust issues and there is no evidence before me to demonstrate that the proposal would be detrimental in this respect during the extended hours. 23. Claims of a history of complaints at the site are noted and there is nothing to prevent the Council from enforcing any breaches of planning control, whether on the appeal site, or any other site, should it be considered expedient to do so. There are also mechanisms under separate legislation such as the Environmental Protection Act. 24. Reports of damage are a private matter between the relevant parties and are not in my jurisdiction. 25.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. The National Planning Policy Framework (the Framework) is clear that achieving sustainable development means that the planning system has three overarching objectives. These are economic, social and environmental objectives, which are interdependent and need to be pursued in mutually supportive ways so that opportunities can be taken to secure net gains across each of the different objectives. I have considered the appeal before me on its individual merits with due regard to these objectives. https://www.gov.uk/planning-inspectorate 4

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. The National Planning Policy Framework (the Framework) is clear that achieving sustainable development means that the planning system has three overarching objectives. These are economic, social and environmental objectives, which are interdependent and need to be pursued in mutually supportive ways so that opportunities can be taken to secure net gains across each of the different objectives. I have considered the appeal before me on its individual merits with due regard to these objectives. https://www.gov.uk/planning-inspectorate 4

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. Appeal Decision APP/F0114/W/25/3369086 Conditions 26. By allowing this appeal a new planning permission is created. I have considered the conditions suggested by the Council in light of the Framework and the Planning Practice Guidance (PPG). 27. As I have found condition No. 7 attached to the 2022 planning permission to be neither reasonable nor necessary, it has not been reinstated. 28. In the interests of safeguarding the living conditions of local residential occupiers I have amended the SMP condition to reflect the updated version. The Courts, in general, view planning as concerned with land use. Therefore, irrespective of who the operator is or the management of the site, compliance with the SMP is required. 29. The PPG makes clear that decision notices for the grant of planning permission under section 73 should also reinstate the conditions imposed on earlier permissions that continue to have effect. 30. Condition No. 2 of the 2022 planning permission relates to the installation of the acoustic fence and the submission of an acoustic report prior to the commencement of the extended hours. There is evidence before me of details pursuant to this condition having been approved.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — used these in the banner heading above. However, it also confirms that the condition was unable to be fully discharged. Consequently, I shall reimpose this condition. In the event that it has been discharged, that is a matter which can be addressed by the parties. 31. As I also have no information before me about the status of the other conditions imposed on the 2022 planning permission, I shall re-impose all those I consider remain relevant. Conclusion 32. I recognise that allowing this appeal could affect the living standards or living conditions of nearby residents to the site. Article 8 of the Human Rights Act 1998 (HRA) has been engaged in reaching my decision. They are qualified rights, and interference may be justified when in the public interest. The concept of proportionality is key. I have found that the proposal would not result in an unacceptable impact on the living conditions of local residents and is in accordance with relevant Development Plan Policies. I am satisfied that a grant of planning permission would not unacceptably interfere with local residents’ right to a private and family life and home. It is proportionate in the circumstances to allow the appeal. 33. For the reasons set out above, I conclude that the appeal should succeed.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — P Barton INSPECTOR https://www.gov.uk/planning-inspectorate 5

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — P Barton INSPECTOR https://www.gov.uk/planning-inspectorate 5

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — P Barton Appeal Decision APP/F0114/W/25/3369086 Schedule of Conditions 1) The development hereby permitted shall only be implemented in accordance with the following approved plans: P19-1252_01 E; P19 -1252_02 D; P19-1252_04D; P19-1252_05 (Sheet Nos 02, 03, 04). 2) Operations at the site between 0630 and 0730 hours Monday to Friday and between 1730 and 1830 hours Monday to Friday shall not commence until the acoustic barriers hereby permitted have been fully erected and installed in accordance with the approved plans nor until an acoustic report demonstrating that noise generated by activities at the site do not exceed the following limits when assessed in accordance with BS4142:2019 at the nearest residential receptor has been submitted to and approved in writing by the Local Planning Authority: 0730 to 1830 hours Monday to Friday and 0800 to 1300 hours on Saturdays: Assessment Level <10dB. 0630 to 0730 hours Monday to Friday: Assessment Level ≤5dB and LAmax,F 57dB at the nearest bedroom window. Prior to the preparation and submission of the acoustic report, a document outlining the methodology by which the acoustic report shall be undertaken shall be submitted to and approved in writing by the Local Planning Authority.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — P Barton 3) Noise generated by activities at the site shall not exceed the following limits when assessed in accordance with BS4142:2019 at the nearest residential receptor: 0730 to 1830 hours Monday to Friday and 0800 to 1300 hours on Saturdays: Assessment Level <10dB 0630 to 0730 hours Monday to Friday: Assessment Level ≤5dB and LAmax,F 57dB at the nearest bedroom window. 4) The operations hereby permitted shall be carried out only in full accordance with the submitted Site Management Plan referenced P19-1252 and dated 17 June 2025. 5) The development hereby permitted shall be implemented only in full accordance with the ecological mitigation and enhancement measures as detailed within Section 5 of the submitted Ecological Assessment (March 2021). Within six months of the completion of the development hereby permitted, a report produced by a suitably experienced Ecologist confirming and demonstrating, using photographs, the implementation of the Ecological Assessment’s recommendations shall be submitted to and approved in writing by the Local Planning Authority.

Old Station Yard, Unit 1-4, Avon Mill Lane, Keynsham, BS31 2UG — Bath and North East Somerset Council — P Barton This submission shall include confirmation that precautionary measures for nesting birds have been followed and that bird boxes and native planting have been implemented. https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/F0114/W/25/3369086 6) No development or operations hereby permitted shall take place other than in complete accordance with the submitted Arboricultural Impact Assessment and Method Statement (March 2021). Within 28 days of the completion of development, a compliance statement signed by the appointed arboriculturist shall be submitted to and approved in writing by the Local Planning Authority. **END OF CONDITIONS** https://www.gov.uk/planning-inspectorate 7