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Planning appeal decision

Dismissed15 June 20213260608

25 Church Street, Staines-Upon-Thames, Spelthorne Borough, TW18 4EN

Planning appeal 3260608 at 25 Church Street, Staines-Upon-Thames, Spelthorne Borough, TW18 4EN (Spelthorne Borough Council) was dismissed on 15 June 2021 by Inspector Roberts G, by written representations. The main issue, as the Inspector framed it: Whether condition No.1 is reasonable and necessary and if so the effect of the longer opening hours sought by the Appellant on the living conditions of nearby residents, with particular regard to noise and disturbance.

Variation of condition 4 (hours of opening) to allow longer opening hours for hot food takeaway (Class A5)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Roberts G
Postcode
TW18 4EN

Main issues, as the Inspector framed them

  • Whether condition No.1 is reasonable and necessary and if so the effect of the longer opening hours sought by the Appellant on the living conditions of nearby residents, with particular regard to noise and disturbance

What decided it

The longer opening hours sought would result in additional noise and disturbance at times when background noise levels are lowest and nearby residents are entitled to expect peace and quiet, causing significant harm to living conditions that is not outweighed by the limited economic and social benefits claimed.

The economic and social benefits of the longer opening hours were accorded limited weight and did not outweigh the significant harm to the living conditions of nearby residents from additional noise and disturbance.

What the Inspector cited

Development plan policies
Policy EN11 of the Spelthorne Core Strategy & Development Plan Document
National Planning Policy Framework
Paragraph 55Paragraph 127Paragraph 180Paragraph 190Paragraph 191Paragraph 192

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.

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The decision letter

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More decisions in Spelthorne Borough Council

The authority’s record since 2016 · every decision in 2021

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  4. Dismissed16 April 20266002242
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  5. Dismissed23 February 20263374915
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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.

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