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Planning appeal decision

Notice varied and upheld17 December 20213263754

Land Situated and Building Known As 29 Lower Addiscombe Road, Croydon, CR0 6PQ

Planning appeal 3263754 at Land Situated and Building Known As 29 Lower Addiscombe Road, Croydon, CR0 6PQ (London Borough of Croydon) was allowed in part (a split decision) on 17 December 2021 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: The effect of the vertical ducting flue on the living conditions of adjoining occupiers with regard to outlook, noise and light.

without planning permission, the change of use of the shop premises at 29 Lower Addiscombe Road, Croydon into a hot food takeaway (Sui Generis use) and the erection of a vertical ducting flue on the rear elevation

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Thomas N
Postcode
CR0 6PQ

Main issues, as the Inspector framed them

  • The effect of the vertical ducting flue on the living conditions of adjoining occupiers with regard to outlook, noise and light
  • Whether the site is a suitable location for the use having regard to its out-of-centre location in a shopping parade
  • Whether the site is a suitable location for the use having regard to nearby schools
  • The effect of the use on the living conditions of neighbouring occupiers with regard to hours of use

What decided it

The harmful effects of the vertical ducting flue on neighbouring occupiers' living conditions combined with the unsuitability of the out-of-centre shopping parade location for a hot food takeaway use, which fails the sequential test and harms retail vitality.

The benefits of the business operation, employment provision and community service were given significant weight but did not outweigh the harm to neighbouring living conditions and the need to maintain shopping parade and town centre vitality through application of the sequential test.

What the Inspector cited

Development plan policies
CLP Policy DM6CLP Policy DM8CLP Policy DM10.6CLP Policy DM23London Plan Policy SD6London Plan Policy SD7London Plan Policy E9DLondon Plan Policy D3London Plan Policy D13London Plan Policy D14

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 applied

The decision letter

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More decisions in London Borough of Croydon

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

  1. Dismissed21 October 20266011278
    39 Brickfield Road, Thornton Heath, CR7 8DS
  2. Allowed21 September 20266007319
    275 Addiscombe Road, Croydon, CR0 7HY
  3. Dismissed18 September 20266010883
    28 Central Parade, New Addington, Croydon, CR0 0JB
  4. Allowed14 September 20266010189
    1391 - 1393 London Road, Norbury, London, SW16 4AN
  5. Dismissed3 August 20266007696
    43 Dovercourt Avenue, Thornton Heath, CR7 7LJ

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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