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Planning appeal decision

Dismissed1 October 20213276786

20 New Market, Otley, LS21 3AE

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

Authority
Leeds City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Walker R

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.

Framework references: 202

Plan policies cited: Policy T2 of the Leeds City Council Core Strategy, Policy GP5 of the Leeds Unitary Development Plan, Policy P10 of the Core Strategy, Policy P11 of the Core Strategy, Policy RTC4 of the Site Allocations Plan (2019), Policy BD6 of the Unitary Development Plan, Policy BC7 of the Unitary Development Plan, Policy N19 of the Unitary Development Plan

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.