®Planning appeal decision
106 Newland Avenue, Kingston Upon Hull, HU5 3AA
Planning appeal 3263077 at 106 Newland Avenue, Kingston Upon Hull, HU5 3AA (Kingston-Upon-Hull City Council) was dismissed on 23 June 2021 by Inspector Seaton M, by written representations. The main issue, as the Inspector framed it: Whether the disputed condition restricting customer presence to 0800–2330 hours is reasonable or necessary in order to protect the living conditions of neighbouring occupiers, having particular regard to noise and disturbance, and crime and disorder.
use as an adult gaming centre without complying with a condition attached to planning permission Ref 17/01691/S73, dated 13 February 2018
- Authority
- Kingston-Upon-Hull City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Seaton M
- Postcode
- HU5 3AA
Main issues, as the Inspector framed them
- Whether the disputed condition restricting customer presence to 0800–2330 hours is reasonable or necessary in order to protect the living conditions of neighbouring occupiers, having particular regard to noise and disturbance, and crime and disorder
What decided it
The extension of hours would not address realistic concerns over crime and disorder and would place customers at risk, contrary to NPPF paragraphs 91 and 127 and local plan policies protecting residential amenity and town centre suitability.
The limited economic benefits of extended hours would not outweigh the harm to neighbouring residential amenity and the failure to address crime and disorder concerns in the vicinity
What the Inspector cited
- Development plan policies
- Policy 12Policy 23
- National Planning Policy Framework
- Paragraph 91Paragraph 127
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.