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Planning appeal decision

Allowed22 March 20233294730

68 Bush Road, Cuxton, Rochester, ME2 1EY

Planning appeal 3294730 at 68 Bush Road, Cuxton, Rochester, ME2 1EY (Medway Council) was allowed on 22 March 2023 by Inspector Simpson V, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of the occupiers of neighbouring properties, with particular regard to noise and disturbance.

change from butcher with integral post office (Class E) to a hot food takeaway (Sui Generis)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Simpson V
Postcode
ME2 1EY

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of the occupiers of neighbouring properties, with particular regard to noise and disturbance
  • highway safety
  • the health and wellbeing of future customers

What decided it

The imposition of appropriately worded conditions requiring noise and odour mitigation measures, combined with restricted opening hours of 17:00-22:00, would prevent unacceptable harm to neighbouring amenity and protect the health and wellbeing of future customers.

What the Inspector cited

Development plan policies
BNE2R18T1T13
National Planning Policy Framework
Paragraph 55Paragraph 130Paragraph 111Paragraph 92Paragraph 56

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 Medway

The authority’s record since 2016 · every decision in 2023

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  5. Dismissed29 May 20266005151
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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.