139 Chaddesden Park Road, DERBY, DE21 6HL

Change of use from A1(Class E) to Sui Generis use as a hot food takeaway shop. A new kitchen, food prepare room and serving counter will be installed. There are no proposed external changes to the shop beside a small obscure window on the hidden left side elevation and the new extractor fan which will run up over the roof at the rear side of the property, as shown on the plans. The extractor will be at least 1 m above the window level. There are existing fences in the front elevation, this will be removed

Authority: Derby City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Williamson J

Main issues, as the Inspector framed them

the effect of the proposal on the shopping hierarchy
the character and appearance of the area
the living conditions of occupiers of existing neighbouring properties

What decided it

The significant harms to character and appearance caused by the visible extractor flue and to living conditions of neighbouring residents from extended evening and weekend opening hours outweighed any other considerations.

Framework references: 126, 130

Plan policies cited: Policy CP13 of the Derby City Local Plan – Part 1: Core Strategy, 2017, Saved Policy GD5 of the City of Derby Local Plan Review, 2006

Read the decision letter on the Inspectorate’s site

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