®Planning appeal decision
Shrub, 1 - 3 Eastgate Row, Chester, Cheshire, CH1 1LQ
Planning appeal 3270153 at Shrub, 1 - 3 Eastgate Row, Chester, Cheshire, CH1 1LQ (Cheshire West and Chester) was dismissed on 17 August 2021 by Inspector Wilson L, by written representations. The main issue, as the Inspector framed it: The effect of varying condition 2 upon the living conditions of the occupiers of nearby residential properties, with particular regard to noise and disturbance.
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
- Postcode
- CH1 1LQ
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.
What the Inspector cited
- Development plan policies
- 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
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 appliedThe 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.
With an account
What an account adds to this decision
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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.