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Planning appeal decision

Notice upheld26 January 20223284424

Land at 156 Hesters Way Road, Cheltenham, Gloucestershire, GL51 0RY

Planning appeal 3284424 at Land at 156 Hesters Way Road, Cheltenham, Gloucestershire, GL51 0RY (Cheltenham Borough Council) was dismissed on 26 January 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use to a hot food takeaway) has occurred as a matter of fact.

without planning permission, the change of use of the land to the front of 156 Hesters Way Road, Cheltenham, GL51 0RY for the operation of a hot food takeaway business from a catering trailer

Authority
Cheltenham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Hawkins S
Postcode
GL51 0RY

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use to a hot food takeaway) has occurred as a matter of fact

What decided it

The available evidence, including Council records and representations from local residents, clearly demonstrated that the mobile catering trailer was used for the preparation, cooking and sale of hot food prior to the enforcement notice being issued, establishing that the alleged breach of planning control had occurred as a matter of fact.

The decision letter

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More decisions in Cheltenham Borough Council

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

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  3. Notice varied and upheld9 November 20223297327
    3 Suffolk Road, Cheltenham, Gloucestershire, GL50 2AG
  4. Notice varied and upheld19 January 20223283542
    11 Welland Drive, Cheltenham, GL52 3HA
  5. Notice varied and upheld19 January 20223283541
    11 Welland Drive, Cheltenham, GL52 3HA

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.

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