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Planning appeal decision

Notice upheld15 September 20213274845

The Land Situate and Known As Land at 38 Hawthorne Crescent, Mexborough, Doncaster, S64 9EL

Planning appeal 3274845 at The Land Situate and Known As Land at 38 Hawthorne Crescent, Mexborough, Doncaster, S64 9EL (Doncaster Metropolitan Borough Council) was dismissed on 15 September 2021 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: The effect of the use of the outbuilding as a commercial sweet shop business on the living conditions of nearby residents.

Unauthorised change of use of a residential outbuilding within the curtilage for the running of a commercial sweet shop business (Use Class E(a))

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Harbottle M
Postcode
S64 9EL

Main issues, as the Inspector framed them

  • The effect of the use of the outbuilding as a commercial sweet shop business on the living conditions of nearby residents

What decided it

The use of the outbuilding as a commercial sweet shop would harm the living conditions of nearby residents through noise and traffic generation in a quiet residential area, contrary to development plan policy.

The limited community benefits claimed by the appellant did not outweigh the harm to residential amenity and breach of development plan policy.

What the Inspector cited

Development plan policies
Policy PH12 of the Doncaster Unitary Development PlanPolicy CS1 of the Doncaster Council Core Strategy 2011-2028Doncaster Local Plan 2015-2035

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.

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.