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Planning appeal decision

Dismissed1 November 20213279933

398 Holderness Road, HULL, HU9 3DW

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

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.

Framework references: 12

Plan policies cited: Policy 49, Policy 50

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.