Mowbrays , 35 High Street, Haxey, Doncaster, DN9 2HH

Planning appeal 3298316 at Mowbrays , 35 High Street, Haxey, Doncaster, DN9 2HH (North Lincolnshire Council) was allowed in part (a split decision) on 12 July 2023 by Inspector Williams K, by written representations. The main issue, as the Inspector framed it: Whether the conditions in relation to opening hours and outside seating are necessary and reasonable having regard to the planning history of the site and the living conditions of occupiers of neighbouring residential properties, with particular regard to noise, disturbance and privacy.

Variation of condition 1 to allow opening hours 09:00-17:00 Monday to Saturday (allowed in part); dismissal of variation to allow Sunday opening and removal of condition 3 restricting outside seating

Authority: North Lincolnshire Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Minor retail and services
Inspector: Williams K
Postcode: DN9 2HH

Main issues, as the Inspector framed them

Whether the conditions in relation to opening hours and outside seating are necessary and reasonable having regard to the planning history of the site and the living conditions of occupiers of neighbouring residential properties, with particular regard to noise, disturbance and privacy

What decided it

The fallback position of the 2013 Permission which had already been granted for 09:00-17:00 Monday to Saturday opening made the Saturday restriction unreasonable, but the proximity of residential properties and potential for noise and privacy harm from Sunday opening and outdoor seating outweighed any community benefits.

What the Inspector cited

Development plan policies: Policy S9Policy DS1
National Planning Policy Framework: Paragraph 48

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 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.