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Allowed12 August 20213272281

46 Church Street, Padiham, Burnley, BB12 8JQ

Planning appeal 3272281 at 46 Church Street, Padiham, Burnley, BB12 8JQ (Burnley Borough Council) was allowed on 12 August 2021 by Inspector Hatfield T, by written representations. The main issue, as the Inspector framed it: The effect of varying the disputed condition on highway safety.

a proposed change of use to mixed use of A1 shop and hot food takeaway (A5) without complying with a condition attached to planning permission Ref APP/2017/0142, dated 30 June 2017

Authority
Burnley Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Hatfield T
Postcode
BB12 8JQ

Main issues, as the Inspector framed them

  • The effect of varying the disputed condition on highway safety
  • The effect of varying the disputed condition on the living conditions of neighbouring occupiers with regard to noise and disturbance

What decided it

The modest additional parking demand and trips generated by a restricted delivery service, combined with available parking nearby and off-peak operating hours, would not prejudice highway safety or significantly harm neighbouring living conditions.

The benefits of allowing a delivery service, with appropriate restrictions on hours and conditions to manage impacts, outweighed the concerns about highway safety and residential amenity.

What the Inspector cited

Development plan policies
Policy CF13 of the Burnley Local Plan Second ReviewPolicy IC1 of Burnley's Local Plan (2018)Policy SP5 of Burnley's Local Plan (2018)

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.