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Planning appeal decision

Allowed1 October 20213269403

38 Parkwood Green, Gillingham, Gillingham, Kent, ME8 9PN

Planning appeal 3269403 at 38 Parkwood Green, Gillingham, Gillingham, Kent, ME8 9PN (Medway Council) was allowed on 1 October 2021 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the vitality and viability of a local shopping centre with reference to the prevalence of hot food takeaways.

change from a cafe/restaurant (Class Eb) to a hot food takeaway (sui generis)

Authority
Medway Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Smith D
Postcode
ME8 9PN

Main issues, as the Inspector framed them

  • The effect of the proposal on the vitality and viability of a local shopping centre with reference to the prevalence of hot food takeaways
  • The effect on the living conditions of residents above the unit in respect of noise, vibration and odour

What decided it

The centre remains healthy and viable with the unit staying in food and drink use, and the upgraded extraction system would adequately protect the living conditions of residents above.

The benefits of allowing the use to continue permanently after the temporary GPDO permission expires outweighed the marginal exceedance of informal guidance on takeaway concentration, given the centre's demonstrated health and the adequacy of odour and noise controls.

What the Inspector cited

Development plan policies
Policy R10Policy R18Policy BNE2

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.

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The decision letter

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More decisions in Medway

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

  1. Allowed14 July 20266002996
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  2. Dismissed10 June 20266006543
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  3. Dismissed29 May 20266005151
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  4. Allowed9 April 20266001915
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  5. Dismissed5 February 20266000877
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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.