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Dismissed1 October 20213276786

20 New Market, Otley, LS21 3AE

Planning appeal 3276786 at 20 New Market, Otley, LS21 3AE (Leeds City Council) was dismissed on 1 October 2021 by Inspector Walker R, by written representations. The main issue, as the Inspector framed it: the effect of vehicular movements associated with the development in the evening on pedestrian and highway safety and the living conditions of occupiers of nearby properties with particular reference to disturbance.

the ‘change of use of retail premises (Class E) to a hot food takeaway (Sui Generis) with an extractor located within the existing chimney and a retrospective application for the introduction of a new shop front

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Walker R
Postcode
LS21 3AE

Main issues, as the Inspector framed them

  • the effect of vehicular movements associated with the development in the evening on pedestrian and highway safety and the living conditions of occupiers of nearby properties with particular reference to disturbance
  • whether the development preserves or enhances the character or appearance of the Otley Conservation Area

What decided it

The unacceptable effect on pedestrian and highway safety from vehicular movements associated with the hot food takeaway operation in this confined location, combined with less than substantial harm to the conservation area character with no public benefits to outweigh it.

The economic benefits of the hot food takeaway were outweighed by the unacceptable impact on highway and pedestrian safety and the less than substantial harm to the conservation area character, with no public benefits to justify the heritage harm.

What the Inspector cited

Development plan policies
Policy T2 of the Leeds City Council Core StrategyPolicy GP5 of the Leeds Unitary Development PlanPolicy P10 of the Core StrategyPolicy P11 of the Core StrategyPolicy RTC4 of the Site Allocations Plan (2019)Policy BD6 of the Unitary Development PlanPolicy BC7 of the Unitary Development PlanPolicy N19 of the Unitary Development Plan
National Planning Policy Framework
Paragraph 202

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 applied

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.