®Planning appeal decision
The St. Mildreds Bay, St. Mildreds Gardens, Westgate-on-Sea, CT8 8TP
Planning appeal 3278199 at The St. Mildreds Bay, St. Mildreds Gardens, Westgate-on-Sea, CT8 8TP (Thanet District Council) was dismissed on 23 November 2022 by Inspector Wraight G, following a hearing. The main issue, as the Inspector framed it: The effect that varying the conditions would have on the living conditions of the occupiers of nearby dwellings, with particular reference to noise and disturbance, and whether or not the conditions meet with the 6 tests set out in paragraph 56 of the National Planning Policy Framework.
Change of Use from cafe (use class E(b)) to a mixed use bar and cafe (Use class E(b) and Sui-generis) together with alterations to height of roof, fenestration of store and existing cafe, alterations to boundary treatment and installation of 1No. air conditioning unit
- Authority
- Thanet District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- leisure-sport · Change of use
- Inspector
- Wraight G
- Postcode
- CT8 8TP
Main issues, as the Inspector framed them
- The effect that varying the conditions would have on the living conditions of the occupiers of nearby dwellings, with particular reference to noise and disturbance, and whether or not the conditions meet with the 6 tests set out in paragraph 56 of the National Planning Policy Framework
What decided it
The significant harm to the living conditions of nearby residents (particularly at Marine Heights) from noise and disturbance that would result from extending the permitted hours and permitting amplified music.
The limited weight given to economic benefits, the previous use/fallback position, the Licensing Act permission and the Environmental Health/licensing review possibilities did not, individually or collectively, outweigh the harm to living conditions and the resulting conflict with the development plan, so the conditions were upheld.
What the Inspector cited
- Development plan policies
- Policy QD03Policy SE06Policy SP04
- National Planning Policy Framework
- Paragraph 56
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.