XPL Ltd, R (On the Application Of) v Harlow Council

Facts

XPL Ltd. operates a bus and coach depot at Plot 17 on the Harlow Business Park, Roydon Road, Harlow, from which it runs local bus services, school services, commuter coaches to London and private hire coaches. The site had been vacant when XPL applied to change its use from use classes B1 and B2 to a sui generis "coach park/depot", and Harlow Council granted planning permission on 6 July 2011 subject to eight conditions. Condition 4 prohibited "repairs or maintenance of vehicles or other industrial or commercial activities (other than the parking of coaches and other vehicles ...)" outside specified hours, the reason given being the protection of the amenity of neighbouring residents and compliance with Policy BE17 of the local plan. Following complaints from a neighbouring resident, and noise measurements taken in March 2014 showing noise from about 5.30 a.m. loud enough to disturb sleep, the council served a breach of condition notice on 10 April 2014, later withdrawn and replaced by a notice dated 3 June 2014 requiring XPL to cease the running of coach and bus engines outside the permitted hours. XPL's claim for judicial review of that notice was dismissed by Mr Rhodri Price Lewis Q.C., sitting as a deputy judge of the High Court, and XPL appealed with permission granted by Sullivan L.J.