39b Main Street, Rutland, LE15 7ES

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

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.

Framework references: 130

Plan policies cited: Policy CS19 of the Rutland Core Strategy Development Plan Document (2011), Policy SP15 of the Rutland Site Allocations and Policies Development Plan Document (2014)

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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