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Planning appeal decision

Notice varied and upheld23 February 20223282465

Land at the Junction of Buckley Road and Huddersfield Road, Oldham, OL4 2HN

Planning appeal 3282465 at Land at the Junction of Buckley Road and Huddersfield Road, Oldham, OL4 2HN (Oldham Metropolitan Borough Council) was allowed in part (a split decision) on 23 February 2022 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: The effect of the use on the living conditions of nearby residents with particular regard to noise and disturbance, odour, and light pollution.

without planning permission the change of use of the land from a car park to use for the sale of hot food

Authority
Oldham Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Thompson F
Postcode
OL4 2HN

Main issues, as the Inspector framed them

  • The effect of the use on the living conditions of nearby residents with particular regard to noise and disturbance, odour, and light pollution
  • Whether the period for compliance with the enforcement notice is reasonable

What decided it

The use causes unacceptable harm to living conditions of nearby residents through undue noise, disturbance and odours, particularly during evening hours when residents expect relative peace and quiet.

What the Inspector cited

Development plan policies
Policy 9 of the DPD

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 Oldham Metropolitan Borough Council

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

  1. Dismissed20 August 20266009498
    The Vestacare Stadium Whitebank Road, Oldham, OL8 3JH
  2. Notice varied and upheld29 June 20263372628
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  3. Dismissed20 April 20263375124
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  4. Invalid12 March 20263351664
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  5. Allowed5 January 20263372683
    Asda Stores Ltd, Greenfield Lane, Shaw, Oldham, OL2 8QP

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.