14A The Cross, Lymm, Warrington, WA13 0HP

Planning appeal 3271414 at 14A The Cross, Lymm, Warrington, WA13 0HP (Warrington Borough Council) was allowed on 1 July 2021 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether Condition 5 is reasonable and necessary to safeguard the living conditions of the occupiers of nearby residential properties, with particular regard to noise and disturbance associated with the restaurant and takeaway use and users entering and leaving the site.

the variation of condition 5 (Opening hours) to 11:00 - 00:00 hours on Mondays to Thursdays and 11:00 - 00:30 Fridays and Saturdays and 11:00 - 23:00 Sundays, Bank Holidays or Public Holidays on previously approved application 2019/35968 (restaurant/hot food takeaway) without complying with a condition attached to planning permission Ref 2019/35968, dated 26 March 2020

Authority: Warrington Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Minor Dwellings
Inspector: Hitchcock R
Postcode: WA13 0HP

Main issues, as the Inspector framed them

Whether Condition 5 is reasonable and necessary to safeguard the living conditions of the occupiers of nearby residential properties, with particular regard to noise and disturbance associated with the restaurant and takeaway use and users entering and leaving the site

What decided it

The absence of demonstrable harm from the existing Saturday 00:30 closing and the consistency of the proposed hours with other town centre businesses meant the restrictive condition could not be justified as reasonable and necessary.

What the Inspector cited

Development plan policies: Policy QE6 of the Warrington Core Strategy
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.

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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.