Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed5 July 20213270072

10 Marsh Road, Luton, LU3 2NH

Planning appeal 3270072 at 10 Marsh Road, Luton, LU3 2NH (Luton Borough Council) was dismissed on 5 July 2021 by Inspector Smith A, by written representations. The main issue, as the Inspector framed it: The effect upon the character and appearance of the area.

retention of canopies over outdoor seating areas

Authority
Luton Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Smith A
Postcode
LU3 2NH

Main issues, as the Inspector framed them

  • The effect upon the character and appearance of the area
  • The effect upon the living conditions of adjoining residential occupiers, having particular regard to outlook
  • The effect upon the living conditions of adjoining residential occupiers, having particular regard to noise

What decided it

The cumulative harm to character and appearance and the likely harm to living conditions through noise, in the absence of a noise impact assessment and without clear evidence of mitigation, outweighed the moderate economic benefits to the hospitality business.

The harm to character and appearance and the likely harm to living conditions through noise, considered cumulatively, outweighed the moderate economic benefits to the hospitality business.

What the Inspector cited

Development plan policies
Policy LLP1Policy LLP25

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

341 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Luton Borough Council

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

  1. Allowed13 October 20266012456
    50 Harcourt Street, Luton, LU1 3QL
  2. Dismissed25 September 20266009487
    Serif House, 10 Dudley Street, Luton, LU2 0NT
  3. Allowed7 August 20266007150
    262 Ashcroft Road, Luton, LU2 9AE
  4. Allowed22 June 20266007036
    88, Clarendon Road, Luton, LU2 7PJ
  5. Dismissed8 June 20266005920
    Land at 74-88 Marsh Roard, Luton, LU3 2NJ

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.