®Planning appeal decision
178 Victoria Road West, Thornton-Cleveleys, Lancashire, FY5 3NE
Planning appeal 3275141 at 178 Victoria Road West, Thornton-Cleveleys, Lancashire, FY5 3NE (Wyre Borough Council) was dismissed on 6 October 2021 by Inspector McDonagh C, by written representations. The main issue, as the Inspector framed it: Whether the condition is reasonable and necessary in the interests of the living conditions of nearby residents, with particular regard to noise and disturbance.
the ‘variation of condition 5 of planning consent 16/00314/FUL to Monday to Saturday opening hours 08.00 to 00.00; Sunday, Public and Bank Holidays 8.00 to 23.00 with no deliveries on any day after 23.00’ without complying with a condition attached to planning permission Ref 18/00564/FUL, dated 28 September 2018
- Authority
- Wyre Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Minor retail and services
- Inspector
- McDonagh C
- Postcode
- FY5 3NE
Main issues, as the Inspector framed them
- Whether the condition is reasonable and necessary in the interests of the living conditions of nearby residents, with particular regard to noise and disturbance
What decided it
The additional hour of opening would cause significant noise and disturbance to nearby residential properties, particularly from extraction equipment, which could not be adequately mitigated by the proposed measures.
The business benefits to the appellant were outweighed by the harm to the living conditions of nearby residential occupiers from noise and disturbance.
What the Inspector cited
- Development plan policies
- Policy SP14 of the adopted Wyre Borough Local Plan (July 1999)CDMP1 of the Wyre Borough Local Plan (adopted February 2019)CDMP3 of the Wyre Borough Local Plan (adopted February 2019)
- National Planning Policy Framework
- Paragraph 130
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.