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Planning appeal decision

Dismissed25 January 20223286024

309 North Road, Darlington, Durham, DL1 2JR

Planning appeal 3286024 at 309 North Road, Darlington, Durham, DL1 2JR (Darlington Borough Council) was dismissed on 25 January 2022 by Inspector Robbie K, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of neighbouring residents with particular regard to noise and disturbance.

change of use from A1 to A5

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Robbie K
Postcode
DL1 2JR

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of neighbouring residents with particular regard to noise and disturbance

What decided it

The unacceptable levels of noise and disturbance to neighbouring residential properties from the extraction flue and the comings and goings of customers to the hot food takeaway, which would conflict with policy CS16 and NPPF paragraph 130.

What the Inspector cited

Development plan policies
CS16
National Planning Policy Framework
Paragraph 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.

See how each was applied

The decision letter

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More decisions in Darlington

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

  1. Dismissed1 May 20266002591
    62 Baydale Road, Darlington, Durham, DL3 8JU
  2. Allowed15 January 20263373582
    45 Greenbank Road, Darlington, DL3 6EN
  3. Dismissed27 October 20253369312
    3 Parkland Drive, Darlington, DL3 9DT
  4. Dismissed11 November 20243343677
    55 Neasham Road, Darlington, DL1 4AG
  5. Dismissed18 March 20243332091
    42 Durham Road, Coatham Mundeville, Darlington, DL1 3LZ

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.