®Planning appeal decision
Shrub, 1 - 3 Eastgate Row, Chester, Cheshire, CH1 1LQ
Erection of screens to form alfresco dining area at row level fronting 1-3 Eastgate Row without complying with conditions attached to planning permission Ref 02/01034/COU, dated 16 December 2002
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Wilson L
Main issues, as the Inspector framed them
- The effect of varying condition 2 upon the living conditions of the occupiers of nearby residential properties, with particular regard to noise and disturbance
What decided it
The proposed extended operating hours seven days a week would occur at times when nearby residential occupiers would reasonably expect peace and quiet for sleeping, and the appellant's proposed management measures could not be enforced through conditions to mitigate the likely noise and disturbance.
The economic and cultural benefits claimed for the city centre and nearby businesses did not outweigh the identified harm to the living conditions of nearby residential occupiers through noise and disturbance.
Plan policies cited: Policy SOC 5 of the Cheshire West and Chester Council Local Plan (Part One): Strategic Policies (2015), Policy DM 2 of the Cheshire West and Chester Council Local Plan (Part Two): Land Allocations and Detailed Policies
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.