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Planning appeal decision

Dismissed19 July 20223280523

138 Rye Lane, Southwark, London, SE15 4RZ

Planning appeal 3280523 at 138 Rye Lane, Southwark, London, SE15 4RZ (London Borough of Southwark) was dismissed on 19 July 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of nearby residents, with particular regard to noise and disturbance.

‘Retrospective permission for café/bar (Use Class A3/A4) over ground and first floor with ancillary manager's accommodation at second floor, and new shopfront and bi-fold doors at rear (ground floor); Hours of operation Su-Th 06:30 to 00:00, F and Sa 06:30 to 01:00 (next day)’

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Gray E
Postcode
SE15 4RZ

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of nearby residents, with particular regard to noise and disturbance
  • whether the development provides adequate fire safety measures for occupants of the second floor accommodation

What decided it

The development failed to convincingly demonstrate that noise and disturbance impacts on neighbouring residents would be acceptable, contrary to the development plan policies requiring high standards for reducing noise pollution and preventing loss of amenity.

What the Inspector cited

Development plan policies
Strategic Policy 13 of the Southwark Council Core Strategy 2011Saved Policy 3.2 of the Southwark Plan 2007Policy D12 of the London Plan 2021Policy D5 of the London Plan 2021

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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More decisions in London Borough of Southwark

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

  1. Allowed20 October 20266010489
    269-275 Rye Lane and 1A Philip Walk, London, SE15 4UA
  2. Allowed23 June 20266007313
    59 Lant Street and 6 Vine Yard, Southwark, SE1 1QN
  3. Notice varied and upheld5 February 20263364196
    211 Walworth Road, London, SE17 1RL
  4. Allowed11 November 20253363575
    257-283 Ilderton Road, Southwark, London, SE15 1NS
  5. Notice varied and upheld4 August 20253317034
    Unit 3, Penarth Centre , Penarth Street, London, SE15 1TR

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.