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Planning appeal decision

Dismissed10 December 20213276929

113 High Road, Broxbourne, EN10 7BS

Planning appeal 3276929 at 113 High Road, Broxbourne, EN10 7BS (Broxbourne Borough Council) was dismissed on 10 December 2021 by Inspector Smith A, by written representations. The main issue, as the Inspector framed it: The effect upon the living conditions of neighbouring residential occupiers, having particular regard to noise.

change of use of beauty salon (sui generis) to (class E) restaurant, opening hours: 0800 - 2300 Monday - Saturday and 0800 - 1800 Sunday, and installation of extractor ventilation system (part retrospective)

Authority
Broxbourne Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Smith A
Postcode
EN10 7BS

Main issues, as the Inspector framed them

  • The effect upon the living conditions of neighbouring residential occupiers, having particular regard to noise

What decided it

The extraction system would exceed background noise levels by 13dB at the nearest residential receptor and the proposal would generate operational noise during late evening hours on a consistent periodic basis, causing significant harm to neighbouring living conditions that could not be adequately mitigated.

The economic and social benefits of bringing back into active use a vacant commercial property attracted relatively limited weight and were insufficient to outweigh the significant harm that would likely be caused to the living conditions of neighbouring residential occupiers.

What the Inspector cited

Development plan policies
Policy RTC3Policy EQ4Policy EQ1Policy DSC1

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.

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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.