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Allowed16 July 20213268285

Smalley Convenience Store, 34 Main Road, Smalley, Ilkeston, DE7 6EE

Planning appeal 3268285 at Smalley Convenience Store, 34 Main Road, Smalley, Ilkeston, DE7 6EE (Amber Valley Borough Council) was allowed on 16 July 2021 by Inspector Coyne C, by written representations. The main issue, as the Inspector framed it: Whether the appeal site is a suitable location for a hot food takeaway having regard to the living conditions of neighbouring occupiers.

described on the application form as ‘change of use from retail (Class A1) to Hot Food Takeaway (Class A5), regularise external alterations to dwelling

Authority
Amber Valley Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Coyne C
Postcode
DE7 6EE

Main issues, as the Inspector framed them

  • Whether the appeal site is a suitable location for a hot food takeaway having regard to the living conditions of neighbouring occupiers

What decided it

The reduced footprint of the proposal combined with its location on the main village street and the availability of suitable conditions to control noise, odour, parking and other impacts meant the site was suitable for a hot food takeaway without unacceptably harming neighbouring living conditions.

What the Inspector cited

Development plan policies
Policy TC8Policy ER11Policy EN16
National Planning Policy Framework
Paragraph 8

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 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.