®Planning appeal decision
The Busy Athlete, Horton Street, Wigan, Lancashire, WN6 7TF
Planning appeal 3280138 at The Busy Athlete, Horton Street, Wigan, Lancashire, WN6 7TF (Wigan Metropolitan Borough Council) was dismissed on 2 February 2022 by Inspector Rafiq F, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- WN6 7TF
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.
What the Inspector cited
- Development plan policies
- Policy S1E of the Wigan Replacement Unitary Development PlanPolicy CP17 of the Wigan Local Plan Core Strategy Development Plan Document
- National Planning Policy Framework
- Paragraph 130Paragraph 185
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
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With an account
What an account adds to this decision
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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.