Unit 2 Eleanor Cross Road, Waltham Cross, Hertfordshire, EN8 7LA

Planning appeal 3305685 at Unit 2 Eleanor Cross Road, Waltham Cross, Hertfordshire, EN8 7LA (Broxbourne Borough Council) was allowed on 4 August 2023 by Inspector Bartlett R, by written representations. The main issue, as the Inspector framed it: Whether the opening hours imposed by condition 4 of the original planning permission is necessary to protect the living conditions of occupiers of nearby residential properties with particular regard to noise and disturbance.

change of use from (A1) retail to amusement centre and installation of new shopfront without complying with a condition attached to planning permission Ref 7/0410/06/F/WX, dated 13 October 2006

Authority: Broxbourne Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Minor retail and services
Inspector: Bartlett R
Postcode: EN8 7LA

Main issues, as the Inspector framed them

Whether the opening hours imposed by condition 4 of the original planning permission is necessary to protect the living conditions of occupiers of nearby residential properties with particular regard to noise and disturbance

What decided it

The absence of any evidence of noise or disturbance caused to nearby residents during the 16 years the use has operated, combined with the small scale nature of the use, high insulation of the building, and the 24-hour activity already present in the surrounding town centre, demonstrated that the opening hours restriction was not necessary to protect living conditions.

What the Inspector cited

Development plan policies: Policy WC1Policy RTC2Policy RTC3
National Planning Policy Framework: Paragraph 56

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.

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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.