Appeal 6003717

The appeal is allowed and the planning permission NE/25/00750/FUL for regularisation of [name], B, 18 and 18a (A and B) as being within Class E use at [site address] , [site address] , Stanwick, [postcode] granted on 26 November 2025 is varied by deleting conditions 3 and 4 and substituting for them the following conditions:

The uses hereby permitted by this planning permission are as follows: • [name], B, 18, 18a(B): Use Class E(g) • Unit 18a(A): Use Class E(f) No amalgamation or sub-division of these units is permitted without the consent of the Local Planning Authority.

No noisy activities, such as (but not limited to) deliveries from third parties, the opening/closing of roller shutter doors, the use of any industrial machinery and playing amplified music shall take place outside of the following hours: • Mondays to Fridays: 7:30 AM to 7:00 PM • Saturdays: 9:00 AM – 5:00 PM

I have omitted the word retrospective from the decision as it is not a description of development.

The reason given for condition 3 focused solely on managing highways impacts. The council have expanded on their reasoning in their appeal statement in saying that there would also be concerns about increased noise and disturbance. The appellant has seen the council’s case and has had the opportunity to respond. As there has been an objection to the proposed development from a neighbouring resident I am satisfied that it is reasonable to consider this point.

The main issue is therefore whether condition 3 is reasonable and necessary in the interests of managing future highways impacts and the living conditions of neighbouring occupiers; and, whether condition 4 is reasonable and necessary in the interests of the living conditions of neighbouring occupiers.

National planning practice guidance on the use of conditions states that conditions restricting the future use of permitted development rights or changes of use may not pass the test of reasonableness or necessity.

The site is an enclosed yard with entrances for each of the units, and which opens onto [site address] . [site address] was heavily parked in the vicinity of the appeal site at the time of my visit. However, parking restrictions across the entrance ensure that access to the site is possible for vehicles travelling in either direction. The site is relatively small, and no specific concerns have been raised by the council in relation to changes of use that would support restricting the normally permitted changes in terms of managing future highways impacts.

Businesses in Class E(g) of the Use Classes Order are those which can be carried out in any residential area without detriment to the amenity of that area. However, there is a presumption that Class E uses can change to other uses within Class E, amongst other changes. While the individual units vary in size and their proximity to neighbouring boundaries, any effect on neighbours can be mitigated through limiting hours of operation at the site.

The council recognises that condition 4 could be relaxed to allow quiet office-based work to take place at any time in the units other than the nursery, which has separate opening hours. Such work, contained within the buildings, would not cause disturbance to neighbouring occupiers. Varying the condition in this regard is therefore acceptable in principle.

The use of the site prior to the application being made was unrestricted, and therefore there were no set opening hours. In addition, the site is relatively small and therefore staff movements associated with it will consequently be limited in number. Nevertheless, it is reasonable that the living conditions of neighbouring occupiers are protected, especially as the nearest neighbour shares a boundary wall with two of the units and the main parking area. Accordingly, while later working hours from Monday to Saturday are accepted, the 9 am start date on Saturdays is retained for the sake of protecting neighbours’ living conditions.

Condition 3 is therefore deleted and replaced to allow the units to benefit from the changes of use permitted for properties in Class E under the Use Classes Order. Condition 4 is deleted and replaced to allow the units to operate in a manner that does not disturb neighbouring occupiers.

With these replacement conditions the development would accord with policies 1, 8 and 25 of the [site address] [name] and policies EN1 and EN2 of the East Northamptonshire Local Plan. These policies require, amongst other things, that rural economic development be sustainable and protect the amenities of occupiers of neighbouring properties.

For the reasons given above the appeal is allowed. The planning permission is varied by deleting the disputed conditions and substituting others which accord with national guidance and preserve the living conditions of neighbours.