®Planning appeal decision
398 Holderness Road, Hull, HU9 3DW
Planning appeal 3279933 at 398 Holderness Road, Hull, HU9 3DW (Kingston-Upon-Hull City Council) was dismissed on 1 November 2021 by Inspector Wilson L, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of the occupiers of 3 Southcoates Lane, having regard to noise and disturbance.
retrospective approval for the erection of a canopy structure
- Authority
- Kingston-Upon-Hull City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Wilson L
- Postcode
- HU9 3DW
Main issues, as the Inspector framed them
- The effect of the development on the living conditions of the occupiers of 3 Southcoates Lane, having regard to noise and disturbance
What decided it
The proximity of the large canopy structure to the common boundary with the residential property, combined with its size, use, lighting and heating, results in noise and disturbance that adversely affects the living conditions of the neighbouring occupiers, which cannot be adequately mitigated by the suggested condition and is not outweighed by the appellant's business viability arguments.
The harm to the living conditions of neighbouring residents from noise and disturbance outweighed the appellant's arguments regarding pub viability and the benefits of the structure for social distancing and business continuity during COVID-19.
What the Inspector cited
- Development plan policies
- Policy 49Policy 50
- National Planning Policy Framework
- Paragraph 12
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Kingston-Upon-Hull City Council
The authority’s record since 2016 · every decision in 2021
- Allowed6 May 20266005071170-172 Spring Bank, Hull, HU3 1PG
- Dismissed6 May 20266005069170-172 Spring Bank, Hull, HU3 1PG
- Dismissed6 May 20266002751International Food Store, 170-172 Spring Bank, Kingston Upon Hull, HU3 1PG
- Dismissed24 March 20266002425Former Car Park, Rawling Way, Hull, HU3 2SJ
- Allowed17 November 20253371812394A Holderness Road, Kingston Upon Hull, HU9 3DL
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.