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Michael Upton - Dumfries Housing Planning Appeal Victory

Michael Upton, Advocate, represented Story Homes in its successful planning appeal to build a new estate of 75 houses at Dumfries. The site is that of the former Dumfries & Galloway College at Heathhall. Development was opposed by the planning authority’s members, against officers’ advice, and by operators at a light-industrial estate in the neighbourhood, on the ground that prospective residents might complain about industrial noise and so lead to restrictions on industrial operations. After hearing expert evidence and submissions, on 2nd July the Scottish Government Reporter has now determined that, applying the British Standards relevant to noise assessment, and taking into account Story Homes' mitigating measures, which included distancing the houses from the industrial estate and building a large earth bund and a high acoustic barrier between them, the developer’s appeal would be allowed.

Story Homes is a Carlisle-based company with developments throughout northern England which has in recent years been an increasing presence in Scotland.