Appeal Court defeat for noise protest pair

10:48 17 July 2014

Dunmow town centre

Dunmow town centre

Archant

A Great Dunmow couple who say traffic noise is already so ­unbearable at their home that they cannot leave the windows open, have failed in a renewed legal fight to block plans for a waste transfer station next to their property.

One of the country’s leading judges at London’s Court of Appeal effectively ruled yesterday (Wednesday) that, if it is that bad already, the new waste facility will not make it any worse.

Lord Justice Lewison refused John and Sandra Hockley ­permission to appeal a High Court ruling rejecting their ­challenge to Essex County Council’s decision in June 2012 to grant itself ­planning consent for the facility to the rear of the Ambulance Station, off Chelmsford Road.

He found that the authority was entitled to take the stance that the waste station would only make a “marginal” difference to traffic, noise and fumes in the area, and that marginal meant “something too insignificant to make a ­practical difference”.

He said: “If the appellants say it is impossible to live with open doors and windows, it is hard to see how the development could in practice make things worse.”

He added that the county ­council’s decision that no Environmental Impact Assessment (EIA) was necessary for this development was ­consistent with Government ­guidance that EIA is unlikely to be required if the throughput of a waste station is less than 50,000 tonnes per year. In this case, he said, the throughput will be less than 30,000.

As a result, he said that the council’s decision was “unsurprising”.

The Hockleys, who live at nearby Brook Cottage, Chelmsford Road, on the outskirts of the town, fear that lorries carrying tonnes of waste to and from the site will add to the traffic noise and fumes in the area.

They claimed the effects of the scheme had not been given full consideration.

However, dismissing their ­challenge at the High Court last December, Mr Justice Lindblom had ruled that the council had properly considered the possible environmental effects of the proposal.

He said that it was clear from the decision that no significant effects were likely to arise in terms of odour or discharges from the facility, while impacts on air quality and noise from additional traffic were also considered and judged not likely to be significant.

0 comments

Welcome , please leave your message below.

Optional - JPG files only
Optional - MP3 files only
Optional - 3GP, AVI, MOV, MPG or WMV files
Comments

Please log in to leave a comment and share your views with other Dunmow Broadcast visitors.

We enable people to post comments with the aim of encouraging open debate.

Only people who register and sign up to our terms and conditions can post comments. These terms and conditions explain our house rules and legal guidelines.

Comments are not edited by Dunmow Broadcast staff prior to publication but may be automatically filtered.

If you have a complaint about a comment please contact us by clicking on the Report This Comment button next to the comment.

Not a member yet?

Register to create your own unique Dunmow Broadcast account for free.

Signing up is free, quick and easy and offers you the chance to add comments, personalise the site with local information picked just for you, and more.

Sign up now

More news stories

8 minutes ago
Dunmow Stroke Club 20th Birthday

Members and volunteers of Dunmow and District Stroke Support Group celebrated the 20th anniversary of the founding of the group by singing “Happy Birthday” and enjoying a special birthday cake made by Sheena Pike.

Emma Culley-Morgan with baby Otis

A pain and fear-free childbirth may seem like a dream scenario for many women.

5 minutes ago
IWM Duxford’s VE Day Anniversary Air Show [Picture: David Mackey / IWM]

Motorists are being warned of potential delays on the M11 this weekend during the VE Day Anniversary show at Duxford.

School Stansted issue

A frustrated village resident says an old school building that has been left to become derelict since 2012 is both an eyesore and a danger to the community as it continues to be the target of vandalism and arson attempts.

Digital Edition

Image
Read the Dunmow Broadcast e-edition today E-edition

Most read stories