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Planning appeal decision

Dismissed13 July 20213270924

Bicton Inn, 5 Bicton Street, Exmouth, Devon, EX8 2RU

Planning appeal 3270924 at Bicton Inn, 5 Bicton Street, Exmouth, Devon, EX8 2RU (East Devon District Council) was dismissed on 13 July 2021 by Inspector Tucker A, by written representations. The main issue, as the Inspector framed it: Whether condition 04 (preventing use of the external yard/smoking area by customers after 10:00pm) is necessary to safeguard the living conditions of the occupiers of nearby residential dwellings.

Yard/smoking area and installation of new door

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Tucker A
Postcode
EX8 2RU

Main issues, as the Inspector framed them

  • Whether condition 04 (preventing use of the external yard/smoking area by customers after 10:00pm) is necessary to safeguard the living conditions of the occupiers of nearby residential dwellings

What decided it

The condition is necessary and proportionate to protect the living conditions of nearby residents from significant noise and odour impacts, and meets all the statutory tests for conditions.

What the Inspector cited

Development plan policies
Policy D1 (Design and Local Distinctiveness)Policy EN14 (Control of Pollution)
National Planning Policy Framework
Paragraph 55

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

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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.