The appeal was against non-determination, but Thurrock Borough Council had issued putative reasons for refusal on a number of grounds. Through negotiation, information requests and the securing of substantial benefits and appropriate safeguards, the Council was able to remove its objection to the development during the course of the appeal process. The decision is particularly interesting for its approach to the Agent of Change principle. The inspector supported the use of a section 106 obligation to secure a future deed of easement with a third party to protect existing industrial uses from potential future noise conflicts. 

 James Pereira KC acted for the Council, instructed by the Borough Solicitor.

The decision letter can be found here.