®Planning appeal decision
Big Phill'ers - Building Adjacent To Rudyerd House, Benton Road / North Terrace, West Allotment, North Tyneside, NE27 0DN
Planning appeal 3215378 at Big Phill'ers - Building Adjacent To Rudyerd House, Benton Road / North Terrace, West Allotment, North Tyneside, NE27 0DN (North Tyneside Council) was dismissed on 5 July 2021 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded.
change of use from Cold Sandwich Shop/Delicatessen [A1] to Hot Food Takeaway with Home Delivery [A5]
- Authority
- North Tyneside Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- retail · Minor retail and services
- Inspector
- Freer P
- Postcode
- NE27 0DN
Main issues, as the Inspector framed them
- whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded
- the effect of the development on public health
- the effect of the development on the living conditions of the occupiers of the surrounding residential properties, specifically in relation to odours and noise disturbance
What decided it
The finding that the two earlier planning permissions for an A1 use had been implemented defeated the certificate of lawfulness claim, which by the appellant's own concession determined the outcome of all the other appeals.
the harm to public health under Policy DM3.7 and the potential harm to neighbours' living conditions from odour under Policy DM5.19 outweighed the limited weight attached to local support, potential job losses and the appellant's fallback position, so the proposal was found contrary to the development plan with no overriding material considerations
What the Inspector cited
- Development plan policies
- Policy DM3.7Policy DM5.19Policy H13DCPS 16
- National Planning Policy Framework
- Paragraph 91
- Judgments
- DB Symmetry Ltd v Swindon BC [2020] EWCA Civ 1331
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.