Factory that keeps neighbours awake refused retrospective planning permission
Bosses at a Wiltshire factory whose operations keep residents awake at night have been denied planning permission for their noisy equipment.
The industrial hum from aluminium can manufacturer Ball Aerocan at Folly Road, Devizes can be heard across a wide area.
Now Wiltshire Council planners have refused Ball Aerosol Packaging UK Ltd retrospective planning permission for the new plant, which runs 24 hours a day, seven days a week.
The council says equipment is being operated without planning permission and is creating a “statutory nuisance.”
It adds that the company has failed to comply with an official noise abatement notice.
In a letter to the company, Nic Thomas, the council’s director of planning, said this week: “The proposed development, by reason of the installation and operation of plant and associated equipment, has been demonstrated to give rise to noise emissions which result in a significant adverse impact on the amenity of nearby residential receptors.
“The council has formally determined that the noise constitutes a statutory nuisance and has served a Noise Abatement Notice, which has not been complied with.
“Despite mitigation measures, unacceptable noise impacts persist, and there is no robust evidence to demonstrate that the development can operate without causing harm to residential amenity.
“The proposal therefore fails to protect the living conditions of neighbouring occupiers.”
Submitted in 2024, a planning application from Ball Aerocan – which employs 85 people at its Devizes site – sought permission to install, upgrade and relocate various pieces of machinery within the existing 2.7 hectare site.
The council’s Public Protection team objected to the application on noise grounds.
Nearly 70 members of the public contacted the council to object to the planning application, citing a “continuous industrial noise” described as “a persistent droning or humming sound.”
Residents reported that noise is clearly audible within homes – even with the windows closed – and “is particularly intrusive at night, resulting in sleep disturbance and loss of amenity.”
The noise is said to affect a wide geographical area, extending beyond immediate neighbours to surrounding residential areas and the wider countryside.
Residents also complained about air pollution, light pollution, and the visual impact of the industrial buildings.
A Change.org petition against the plans, set up by Stop Ball Aerocan – Pollution in Devizes, and signed by more than 1,000 people, was submitted.
The council’s own officers said that “noise represents the principal issue in this case.
“Residents have raised significant concerns regarding continuous industrial noise, particularly low-frequency droning associated with the operation of plant on a 24-hour basis.
“These concerns include impacts on sleep, enjoyment of property, and general living conditions.”
“A Noise Abatement Notice has been served, indicating that the Authority considers the site to be giving rise to a statutory nuisance.
“Independent assessment undertaken on behalf of the Council… identifies a significant adverse impact at nearby residential receptors.
“Notwithstanding mitigation works undertaken by the applicant, including acoustic fencing and further interventions, monitoring indicates that adverse noise impacts persist.
“While additional mitigation has recently been installed, its effectiveness has not yet been demonstrated through verified monitoring.”
“On this basis, and in the absence of robust evidence demonstrating compliance and effective mitigation, it is considered that the development results in unacceptable noise impacts.”
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