®Planning appeal decision
The Dukes Seafood, Coast Road , West Mersea Colchester, Essesx, CO5 8NA
Planning appeal 3303577 at The Dukes Seafood, Coast Road , West Mersea Colchester, Essesx, CO5 8NA (Colchester Borough Council) was allowed on 20 April 2023 by Inspector White P, by written representations. The main issue, as the Inspector framed it: whether construction-related conditions 2, 3, 5 and 6 are relevant to the development permitted and necessary, with particular regard to time limits for demolition and construction work, external materials, and odour and noise control measures.
Erection of two wooden sheds adjacent to existing seafood bar for extension and improvements to food preparation and storage areas, formation of new disabled customer toilet, erection of fencing/gates to front of site, improvements to site surfacing, provision of removable 'sail' type cover to part of existing seating area, small extension to hours of opening and type of food sold; variation of condition 2 for inclusion of rear walkway and alterations to approved fence to northern boundary
- Authority
- Colchester Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Minor retail and services
- Inspector
- White P
- Postcode
- CO5 8NA
Main issues, as the Inspector framed them
- whether construction-related conditions 2, 3, 5 and 6 are relevant to the development permitted and necessary, with particular regard to time limits for demolition and construction work, external materials, and odour and noise control measures
- whether it is relevant to the development permitted, necessary, and reasonable in all other respects for parking to be prohibited at the site prior to the submission and approval of parking details, and for bound materials to be required in the surface treatment of the vehicular access in conditions 7 and 8
- whether it is necessary for external lighting to be prohibited at the site prior to the submission and approval of external lighting details, and whether Condition 9 should be amended to refer to the appellant's submitted lighting details
What decided it
The physical works having been largely completed rendered construction-related conditions unnecessary, but highway safety concerns and the absence of an approved parking layout required retention of parking and access surface conditions, while the site's conservation area location necessitated control of external lighting.
The decision letter
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With an account
What an account adds to this decision
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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.