®Planning appeal decision
Sainsburys Supermarkets Ltd, Shap Road, KENDAL, LA9 6DL
Erection of food store (Class A1), petrol filling station and associated parking and servicing facilities without complying with a condition attached to planning permission Ref: SL/2018/0456, dated 27 June 2019
- Authority
- South Lakeland District Council *
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Other minor developments
- Inspector
- Cullen F
Main issues, as the Inspector framed them
- The effect that varying condition 22 in respect of delivery hours would have on the living conditions of nearby residents, with regard to noise and disturbance
- Whether a further s106 or deed of variation is necessary and, if not, whether the outstanding obligations can be addressed by the imposition of appropriately worded conditions
What decided it
The noise assessment evidence demonstrating that night-time delivery noise would be below existing background levels, combined with the substantial distance and intervening buildings between the service yard and nearest residences, and the temporary monitoring condition with reversion clause, justified allowing the variation without harmful effects to residential amenity.
The benefits of commercial flexibility for the appellant to fulfil obligations and provide customer service were balanced against the potential for noise and disturbance to nearby residents, with the balance tipped in favour of allowing the variation given the low predicted noise impact, site context, and protective monitoring condition.
Framework references: 55, 56, 57, 130, 185
Judgments cited: Norfolk Homes Limited v North Norfolk District Council & another [2020] EWHC 2265 (QB)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.