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Planning appeal decision

Notice upheld27 January 20233278648

159 - 161 Broadway, Bexleyheath, Kent, DA6 7ES

Subdivision of the shop into two units. A3 dessert parlour to remain on one side and a new A5 takeaway (burger shop) on the other side and with associated ventilation system (previously approved under planning ref: 19/01328/FUL)

Authority
London Borough of Bexley
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Hawkins S

Main issues, as the Inspector framed them

  • The effect of the change of use to a hot food takeaway on the health and wellbeing of the local community, in particular children, having regard to the proximity to a secondary school
  • The effect of the extraction system on the living conditions of occupiers of adjoining residential property, having regard to noise and disturbance

What decided it

The hot food takeaway use within 400 metres of a secondary school entrance breaches Policy E9D of the London Plan by contributing to the proliferation of such establishments and increasing children's access to unhealthy food, combined with the extraction system causing unacceptable noise and disturbance to neighbouring residents.

Plan policies cited: Policy E9D of the London Plan, Policy ENV39 of the Bexley Unitary Development Plan, Policy SHO9 of the Bexley 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.