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Planning appeal decision

Dismissed26 August 20213269107

Rowlandson House, 1-2 Rowlandson Terrace, SUNDERLAND, SR2 7SU

change of use of existing residential care home (Use Class C2) to non-residential institution as a children’s day nursery with additional noise survey work and revised & additional highways analysis

Authority
Sunderland City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Nilsson A

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of occupants of nearby residential properties with regard to noise and disturbance and parking
  • highway safety

What decided it

The absence of an appropriate mechanism (a section 106 planning obligation) to secure the implementation of the Traffic Regulation Order, which the Inspector found necessary to prevent unacceptable harm to living conditions from parking on the rear lane.

The significant benefits of economic and social benefits from employment creation and community provision, and bringing a vacant building into use, did not outweigh the harm caused by the lack of an appropriate mechanism to implement the necessary Traffic Regulation Order.

Framework references: 130

Plan policies cited: Policy CF4 of the Sunderland Unitary Development Plan (1998), Policy ST3 of the Sunderland Core Strategy and Development Plan (2020)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.