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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

Planning appeal 3280348 at Unit 14 Squires Gate Industrial Estate, Squires Gate Lane, Blackpool, FY4 3RN (Blackpool Borough Council) was decided (quashed on legal grounds) on 19 April 2022 by Inspector Harbottle M, following a hearing. The main issue, as the Inspector framed it: 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.

Use of land as a contractor's depot, incorporating land levelling, vehicle storage for up to 67 wagons, staff and customer parking, erection of workshop, concrete batching plant and aggregate bays

Authority
Blackpool Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Harbottle M
Postcode
FY4 3RN

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.

What the Inspector cited

Development plan policies
Policy BH3Policy CS7Policy DE1Policy DE2Policy CS3Policy CS24Policy DM8Policy BH4Policy CS9
Judgments
Gladman Developments Ltd. v Canterbury City Council [2019] EWCA Civ 669

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.