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Dismissed19 July 20223293755

459 Lord Street, Southport, PR9 0AQ

Planning appeal 3293755 at 459 Lord Street, Southport, PR9 0AQ (Sefton Metropolitan Borough Council) was dismissed on 19 July 2022 by Inspector Rafiq F, by written representations. The main issue, as the Inspector framed it: Whether the restriction on the hours of use is necessary and reasonable having regard to the living conditions of the occupiers of neighbouring residential properties, with particular reference to noise and disturbance.

a change of use from an estate agents (A2) to a restaurant (A3) without complying with a condition attached to planning permission Ref DC/2017/00968, dated 12 October 2017

Authority
Sefton Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor general industry/storage/warehousing
Inspector
Rafiq F
Postcode
PR9 0AQ

Main issues, as the Inspector framed them

  • Whether the restriction on the hours of use is necessary and reasonable having regard to the living conditions of the occupiers of neighbouring residential properties, with particular reference to noise and disturbance

What decided it

The inability to effectively monitor and enforce a differential restriction on external seating hours, combined with the unacceptable noise and disturbance that would result to neighbouring residential occupiers on Stanley Street during late night hours, outweighed the economic benefits to the business and town centre.

What the Inspector cited

Development plan policies
Policy EQ4

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

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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.