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

Planning appeal 3278648 at 159 - 161 Broadway, Bexleyheath, Kent, DA6 7ES (London Borough of Bexley) was dismissed on 27 January 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: DA6 7ES

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.

What the Inspector cited

Development plan policies: Policy E9D of the London PlanPolicy ENV39 of the Bexley Unitary Development PlanPolicy SHO9 of the Bexley Unitary Development Plan

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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More decisions in London Borough of Bexley

The authority’s record since 2016 · every decision in 2023

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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.