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Planning appeal decision

Dismissed31 July 20233304191

12 Halesowen Road, Halesowen, B62 9AA

Planning appeal 3304191 at 12 Halesowen Road, Halesowen, B62 9AA (Dudley Metropolitan Borough Council) was dismissed on 31 July 2023 by Inspector Robinson N, by written representations. The main issue, as the Inspector framed it: Whether the condition is reasonable or necessary in the interests of the viability and vitality of The Stag Local Centre and highway safety.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Robinson N
Postcode
B62 9AA

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.

What the Inspector cited

Development plan policies
DS Policy D9DS Policy S2DS Policy S17CS Policy TRAN2
National Planning Policy Framework
Paragraph 86

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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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.

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.