Planning Refusal Upheld: Noise, Stability & Amenity Concerns Prevail

A planning appeal to allow a metal recycling and car breaking facility to continue operating at Unit 16, New Dunn Business Park in Sling has been dismissed by the Planning Inspectorate, reinforcing Gloucestershire County Council’s original officer-delegated refusal earlier this year.

The appeal, submitted by K & B Recycling Ltd, sought permission to continue operations involving heavy machinery and vehicle dismantling. However, the Planning Inspector found that the proposal posed unacceptable risks to residential amenity, land stability, and environmental safety.

A key concern was the impact of industrial noise on nearby residents. The use of metal shredders, telehandlers, and tracked loaders was considered intrusive, and the submitted Noise Impact Assessment lacked sufficient detail or mitigation. The Inspector concluded that the development conflicted with local planning policies aimed at protecting community wellbeing.

Environmental risks also played a significant role in the decision. The site’s location on a Principal Aquifer and within a Source Protection Zone raised concerns about potential water pollution. Although the appellant referenced pollution control measures, the Inspector found the technical detail lacking. Visible erosion and raised ground near a Forestry England track further prompted concerns over land stability, with no formal assessment provided.

While the business park is designated for employment uses, the Inspector found that the proposal failed to respect the character of the area and the amenity of nearby homes. The development was judged to be in partial conflict with the Forest of Dean’s Allocations Plan and Core Strategy.

In a related decision, the Council’s application for a full award of costs against K & B Recycling Ltd was unfortunately refused. The Council had presented a strong case, citing delays in providing information and inaccuracies in submitted plans. However, the Inspector did not find sufficient evidence of deliberate concealment or manifestly untrue submissions.

Although the Council’s frustrations were acknowledged, the Inspector concluded that the appellant had made genuine efforts to cooperate, including appointing a planning consultant and updating site plans. The appeal was not considered to be without merit, and it was noted that some issues, such as pollution, might have been addressed through planning conditions. As a result, the costs application was dismissed.

These decisions highlight Gloucestershire County Council’s ongoing commitment to safeguarding residents, protecting the environment, and upholding high planning standards. The Planning Service’s thorough and principled approach ensured that community concerns were properly considered and defended throughout the appeal process.

The appeal and costs decisions were both formally issued on 2 September 2025. A six-week Judicial Review period now exists, during which the appellant may seek to challenge the decisions, but only on the grounds of legal error in the decision-making process.

Meanwhile, officers have acted swiftly, serving an enforcement notice in order to secure the cessation of unauthorised operations at Unit 16, New Dunn Business Park. The site will be monitored to ensure that the Council’s requirements are met in full and on time.

Full details of the original planning application (23/0008/FDMAJW); appeal and cost decision (25/0001/REFUSE) are publicly available via the County Council planning application portal Public Access.

More generally, if you have any questions regarding the planning decision making process or concerns about an individual planning application under consideration by the County Council, please do not hesitate to contact the Planning Development Management team: - planningdc@gloucestershire.gov.uk