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

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

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.

Framework references: 56

Plan policies cited: Policy WC1, Policy RTC2, Policy RTC3

Read the decision letter on the Inspectorate’s site

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
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