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Planning appeal decision

Dismissed21 June 20213267972

174 Railway Street, Nelson, Lancashire , BB9 9PQ

Planning appeal 3267972 at 174 Railway Street, Nelson, Lancashire , BB9 9PQ (Pendle Borough Council) was dismissed on 21 June 2021 by Inspector Tweddle J, by written representations. The main issue, as the Inspector framed it: Whether the site is a suitable location for the development, having regard to local and national policies relating to retail development and the effect of the proposal on the vitality and viability of Nelson Town Centre.

part change of use from dwelling to retail

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Tweddle J
Postcode
BB9 9PQ

Main issues, as the Inspector framed them

  • Whether the site is a suitable location for the development, having regard to local and national policies relating to retail development and the effect of the proposal on the vitality and viability of Nelson Town Centre

What decided it

The applicant failed to demonstrate through a sequential assessment that no suitable, available and viable sites exist in the town centre or edge of centre locations, thereby failing to satisfy the sequential test required by the development plan and Framework.

The limited employment and reuse benefits were outweighed by the failure to satisfy the sequential test and the resulting harm to the vitality and viability of Nelson Town Centre.

What the Inspector cited

Development plan policies
Policy WRK 4 of the Local Plan for Pendle Core Strategy 2011-2030Saved Policy 25 of the Replacement Pendle Local Plan 2001-2016
National Planning Policy Framework
Paragraph 90Paragraph 11

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.