39b Main Street, Rutland, LE15 7ES

Planning appeal 3301045 at 39b Main Street, Rutland, LE15 7ES (Rutland County Council) was dismissed on 15 February 2023 by Inspector Fleming L, by written representations. The main issue, as the Inspector framed it: The effect of the proposal to extend the opening hours on the living conditions of nearby residential occupiers with particular regard to noise, disturbance, fumes and odours.

change of use from Class A1 to Class A3 to allow for new coffee shop without complying with a condition attached to planning permission Ref 2018/1187/PRC, dated 7 January 2019

Authority: Rutland County Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Other minor developments
Inspector: Fleming L
Postcode: LE15 7ES

Main issues, as the Inspector framed them

The effect of the proposal to extend the opening hours on the living conditions of nearby residential occupiers with particular regard to noise, disturbance, fumes and odours

What decided it

The absence of substantive evidence regarding the anticipated number of visitors and potential noise, disturbance, fumes or odours from extended opening hours until 2230 in a predominantly residential area led the Inspector to conclude the proposal would harm nearby residential amenity.

What the Inspector cited

Development plan policies: Policy CS19 of the Rutland Core Strategy Development Plan Document (2011)Policy SP15 of the Rutland Site Allocations and Policies Development Plan Document (2014)
National Planning Policy Framework: Paragraph 130

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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5 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

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More decisions in Rutland

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

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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.