®Planning appeal decision
178 Victoria Road West, THORNTON-CLEVELEYS, Lancashire, FY5 3NE
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
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.
Framework references: 130
Plan policies cited: 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)
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.