Berkeley House, The Square, Westmoreland, Bath, Bath And North East Somerset, BA2 3BH

1. 1.The details submitted pursuant to Condition 5 (Noise Mitigation (Pre-occupation)) of planning permission 25/03147/VAR fail to satisfy the requirements of the condition. Condition 5 requires the submission of an updated noise assessment, following implementation of the approved acoustic mitigation measures and prior to first occupation, to verify that the internal noise levels secured through the application stage noise assessment have been achieved. However, the submitted information comprises a revised predictive noise assessment and seeks to establish an alternative assessment methodology and different noise conclusions to those previously considered and agreed as part of the planning permission, rather than demonstrating compliance with the approved mitigation measures and noise standards secured by the condition. The submission therefore does not provide the post-installation verification required by the condition and cannot be accepted through the discharge of condition process. Any amendment to the approved noise assessment framework or the requirements of the condition would require a separate application to vary the planning permission. In the absence of satisfactory evidence demonstrating compliance with the approved noise mitigation scheme, the Local Planning Authority cannot be satisfied that future occupiers would be protected from unacceptable noise impacts. The application is therefore contrary to Policies D6, PCS1 and PCS2 of the Bath and North East Somerset Local Plan, as well as paras. 187 (e) and 198 of the National Planning Policy Framework.

From the council's decision notice.

Postcode

BA2 3BH

Application type

Discharge of Condition

Scale / size

Small

Date validated

10 June 2026

Target decision date

5 August 2026

Agent address

C/o Phil Morgan 41A High Street Nailsea Bristol BS48 1AS

Statutory period

56 days

Planning Portal ID

PP-15000329

UPRN

100121174203