Noise from 'biggest' fleet of ice cream vans among reasons for Calderdale house plan refusal

Long-standing Mytholmroyd ice cream making business Royd Ices were a main objector to Messrs Thornber’s application for planning permission to demolish buildings and build 21 homes at the former Cal Val Works at Hoo Hole, Cragg Road, Mytholmroyd.

Calderdale Council’s Planning Committee refused permission for the application, which was similar to one previously approved but quashed on appeal to the High Court.

Noise created by the ice cream business at its busiest times was a central issue, the company fearing allowing homes to be built in what was an industrial zone would result in homeowners complaining about noise.

Ward councillor Coun Scott Patient (Lab, Luddenden Foot) wrote to the committee saying he had reservations about the intention to put new homes on the estate and agreed with officers’ recommendation that councillors should turn down the plans.

The industrial zone is a valuable part of the village’s economy, ideal for a range of businesses, said Coun Patient.

“Royd Ices is part of Mytholmroyd’s history and economy and I wouldn’t like to see their business affected by housing.

“I am fully aware we need to provide new housing into the district, but this isn’t a good location for them,” he said.

Planning lead officer Richard Seaman said it had been a difficult application with Royd Ices’ High Court challenge succeeding and officers were mindful of the extent of which a decision to permit would put the council again in the position of resisting a legal challenge.

Marilyn Brichard, objecting, said the challenge was brought on the basis the council had made a decision on the basis Royd Ices’ rear yard was not in use, and this was an error.

If allowed, residents of the new homes would be wanting to open their windows and enjoying their surroundings in the warmer months which was exactly the time at which the company – which she said with 39 vans is “the biggest fleet in the country” – would be making most noise in an industrial zone with the yard used to avoid nuisance, she said.

Vans had to be cleaned inside and out using the back yard, engines were running and jet washers being used – some of the houses would have no protection at all from this, said Ms Brichard.

Business noise like that is why industrial zones exist and was why Royd Ices had moved there from elsewhere in the village in 1996 – “It is not right to subject residents to a poor quality of life and it is not right to subject lawful businesses to complaint,” she said.

But Nick Willock, planning consultant for Thornbers, said for six years of the ongoing seven-year issue planning officers had supported the plans for homes and the applicants had addressed and satisfied issues which had arisen in the judicial review.

The meeting heard consultants for Thornbers had carried out testing, which concluded noise would not be an issue, over a two week period including a Bank Holiday last summer.

Mr Willock claimed he had been told by an environmental health officer at a meeting last September, remarks he said had been confirmed by a councillor, that Royd Ices had admitted making unnecessary noise last summer.

Mr Willock also claimed an officers’ report had been prepared last summer supporting the homes plan and wanted to know what had changed.

“You can imagine how one of the directors, sat here with me today, feels after seven years of co-operating with officers, of doing the right thing, only to have the rug pulled from under them at the last minute, with no explanation given,” he said.

Mr Willock asked for the decision to be deferred while a number of issues needed to be addressed.

But Coun Stephen Baines (Con, Northowram and Shelf) said he felt officers had got their recommendation correct, and councillors agreed to refuse planning permission.

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