Street Record, Access To 48-48A Lidget Street, Lindley, Huddersfield, HD3 3JR

Authority: Kirklees Metropolitan Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Wraight G

Main issues, as the Inspector framed them

The effect that removal of the hours condition would have on the living conditions of the occupiers of 50 Lidget Street, with particular reference to noise and disturbance

What decided it

The condition was unreasonably restrictive in preventing Monday opening during daytime hours without justification, but complete removal would cause potential harm to neighbouring living conditions through noise and disturbance.

The protection of neighbouring living conditions from noise and disturbance was balanced against the reasonableness of the hours restriction, resulting in a varied condition permitting Monday opening during daytime hours.

Framework references: 56

Plan policies cited: LP24, LP52

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