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Planning appeal decision

Dismissed31 July 20233304191

12 Halesowen Road, Halesowen, B62 9AA

the variation of condition 9 of approved planning application p18/0122 to allow takeaway use at the premises until 31st March 2022 between the hours of 4pm and 11pm Mondays to Fridays, 10am and 11pm Saturdays and 10am and 10:30pm on Sundays and bank holidays without complying with a condition attached to planning permission Ref P21/0303 dated 16 February 2021

Authority
Dudley Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Robinson N

Main issues, as the Inspector framed them

  • Whether the condition is reasonable or necessary in the interests of the viability and vitality of The Stag Local Centre and highway safety

What decided it

The proposal would result in harm to both the vitality and viability of The Stag Local Centre through overconcentration of hot food takeaways and to highway and pedestrian safety through increased vehicle turnover and parking conflicts, necessitating the condition's retention.

Framework references: 86

Plan policies cited: DS Policy D9, DS Policy S2, DS Policy S17, CS Policy TRAN2

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.