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Planning appeal decision

Dismissed14 February 20233301232

76-78 West Street, Sittingbourne, ME10 1AR

Planning appeal 3301232 at 76-78 West Street, Sittingbourne, ME10 1AR (Swale Borough Council) was dismissed on 14 February 2023 by Inspector Grierson E, by written representations. The main issue, as the Inspector framed it: The effect that amending condition 4 would have on the living conditions of the occupiers of neighbouring dwellings with regard to noise and disturbance.

Change of use from retail shop (use class E(a)) to hot food takeaway (sui generis use) with installation of mechanical plant

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Grierson E
Postcode
ME10 1AR

Main issues, as the Inspector framed them

  • The effect that amending condition 4 would have on the living conditions of the occupiers of neighbouring dwellings with regard to noise and disturbance

What decided it

The additional noise and disturbance from extended opening hours would significantly harm the living conditions of occupiers of nearby residential properties during late night hours when background noise is low and residents expect quieter conditions.

What the Inspector cited

Development plan policies
Policy DM1Policy DM14

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 Swale

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

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
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    2 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
  3. Planning permission granted24 September 20253366417
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  4. Allowed1 September 20253360089
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  5. Dismissed24 July 20253359815
    Redcot, Bell Farm Lane, Minster On Sea, Kent, ME12 4JB

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.