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Planning appeal decision

Dismissed2 February 20223280138

The Busy Athlete, Horton Street, Wigan, Lancashire, WN6 7TF

change of use to gymnasium (D2 Use Class) without complying with conditions attached to planning permission Ref A/20/89598/CU dated 22 July 2020

Authority
Wigan Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Rafiq F

Main issues, as the Inspector framed them

  • Whether the restriction on the hours of use is necessary and reasonable having regard to the living conditions of the occupiers of neighbouring residential properties, with particular reference to noise and disturbance

What decided it

The conditions restricting operating hours are necessary and reasonable because the additional hour of operation from 6am would likely cause noise disturbance to neighbouring residential occupiers that cannot be adequately mitigated by the proposed attenuation measures.

Framework references: 130, 185

Plan policies cited: Policy S1E of the Wigan Replacement Unitary Development Plan, Policy CP17 of the Wigan Local Plan Core Strategy Development Plan Document

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.