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Allowed11 August 20223284984

Vantage Indian Restaurant, 31 High Street South, Dunstable, LU6 3RZ

Planning appeal 3284984 at Vantage Indian Restaurant, 31 High Street South, Dunstable, LU6 3RZ (Central Bedfordshire) was allowed on 11 August 2022 by Inspector Gunn J, by written representations. The main issue, as the Inspector framed it: Whether condition 5 is reasonable, with regard to the effect the opening hours have on the living conditions of the occupants of nearby properties in respect of noise and disturbance.

Erection of outdoor seating area and covered rear entrance to facilitate outdoor use of restaurant. Part retrospective.

Authority
Central Bedfordshire
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Gunn J
Postcode
LU6 3RZ

Main issues, as the Inspector framed them

  • Whether condition 5 is reasonable, with regard to the effect the opening hours have on the living conditions of the occupants of nearby properties in respect of noise and disturbance

What decided it

Activity levels and background noise on Sundays and Bank Holidays during afternoon and early evening hours are sufficiently elevated that use of the outdoor seating area between 1200-1800 on those days would not result in harm to neighbouring residents' living conditions.

What the Inspector cited

Development plan policies
Policy HQ1 of the Central Bedfordshire Local Plan 2015-2035
National Planning Policy Framework
Paragraph 56Paragraph 130

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.

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The decision letter

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More decisions in Central Bedfordshire

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

  1. Allowed15 October 20266009682
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  2. Dismissed9 October 20266010670
    23A High Street North, Dunstable, LU6 1HX
  3. Allowed16 June 20266004562
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  4. Dismissed22 April 20263373674
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  5. Dismissed18 March 20263373108
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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.