®Planning appeal decision
278 Mill Lane, Sutton Leach, St. Helens, WA9 4ET
Planning appeal 3270869 at 278 Mill Lane, Sutton Leach, St. Helens, WA9 4ET (St Helens Metropolitan Borough Council) was allowed on 2 July 2021 by Inspector Morgan R, by written representations. The main issue, as the Inspector framed it: Whether the site is a suitable location for the proposed use as a hot food takeaway, having particular regard to the health and well-being of local school children.
change of use from former convenience store (Class E) to hot food takeaway (sui generis) at ground floor and 1 no. three-bedroom flat (Class C3) at first floor; installation of plant and external alterations
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Change of use
- Inspector
- Morgan R
- Postcode
- WA9 4ET
Main issues, as the Inspector framed them
- Whether the site is a suitable location for the proposed use as a hot food takeaway, having particular regard to the health and well-being of local school children
What decided it
The lawful Class E use of the site as a shop, café or restaurant could operate without permission and would generate similar vehicle trips and on-street parking pressures, and could sell food of comparable or lower nutritional value to children, so the proposed takeaway does not represent a materially worse outcome for child health or highway safety.
The health and well-being concerns raised by the Council and SPD were weighed against the fallback position of lawful Class E uses and the absence of clear evidence of greater harm; the balance tipped in favour of allowing the appeal because the proposed use would not cause materially greater harm than the lawful alternatives.
What the Inspector cited
- Development plan policies
- Policy RET4 of the St Helens Unitary Development PlanSPD Implementation Point 1 of the Supplementary Planning Document – Hot Food Takeaways 2011
- National Planning Policy Framework
- Paragraph 91
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
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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.