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Planning appeal decision

Quashed On Legal Grounds19 April 20223280348

Unit 14 Squires Gate Industrial Estate, Squires Gate Lane, BLACKPOOL, FY4 3RN

Authority
Blackpool Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Harbottle M

Main issues, as the Inspector framed them

  • The effect of the use on the living conditions of local residents and on nearby commercial premises, particularly in terms of air quality and noise.
  • The contribution of the use to the economic objective of sustainable development and consistency with development plan policies relating to economic development and employment and the Blackpool Airport Enterprise Zone.
  • The effects on flood risk and water quality.

What decided it

The exclusion of the concrete batching plant, aggregate bays and crushing/screening operations from the requested deemed planning application removed the principal source of unacceptable harm to residential living conditions, making the remaining use acceptable for a limited period despite its conflict with employment land policies.

The economic benefit of retaining approximately 100 jobs for a limited 3-year period, combined with the minimal short-to-medium-term harm to the development plan's employment strategy, outweighed the conflict of the sui generis use with policies protecting land for Class B employment uses.

Plan policies cited: Policy BH3, Policy CS7, Policy DE1, Policy DE2, Policy CS3, Policy CS24, Policy DM8, Policy BH4, Policy CS9

Judgments cited: Gladman Developments Ltd. v Canterbury City Council [2019] EWCA Civ 669

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.