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Planning appeal decision

Allowed12 August 20213272281

46 Church Street, Padiham, BURNLEY, BB12 8JQ

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

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.

Plan policies cited: Policy CF13 of the Burnley Local Plan Second Review, Policy IC1 of Burnley's Local Plan (2018), Policy SP5 of Burnley's Local Plan (2018)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.