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Dismissed27 September 20223292916

59 Newark Road, Lincoln, LN5 8NE

Planning appeal 3292916 at 59 Newark Road, Lincoln, LN5 8NE (City of Lincoln Council) was dismissed on 27 September 2022 by Inspector Clarke B, by written representations. The main issue, as the Inspector framed it: the effects of the proposed development upon the living conditions of the occupiers of neighbouring properties, with particular reference to noise.

the change of use of ground floor from retail (Use Class E) to Hot Food Takeaway (Use Class Sui Generis)

Authority
City of Lincoln Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Clarke B
Postcode
LN5 8NE

Main issues, as the Inspector framed them

  • the effects of the proposed development upon the living conditions of the occupiers of neighbouring properties, with particular reference to noise
  • the effect of the development upon the character and appearance of the St Catherine's Conservation Area

What decided it

The adverse effects on neighbouring living conditions from noise and the unacceptable harm to the character and appearance of the conservation area from the prominent extraction flue installation, which together conflict with the development plan and are not outweighed by the limited public benefits.

What the Inspector cited

Development plan policies
Policy LP26Policy LP25
National Planning Policy Framework
Paragraph 200Paragraph 202

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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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.