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Planning appeal decision

Dismissed25 January 20233305913

Aldi Foodstore Ltd, Birmingham Road, Studley, B80 7BG

Variation of conditions 7, 8 and 14 of planning permission 13/02560/VARY dated 8 May 2014 to allow for amended delivery hours, opening hours and to extend the hours of use of external lighting. Planning permission 13/02560/VARY is an approved variation of condition application of planning application 12/00659/VARY, which is an approved variation of condition application 10/02620/VARY, which is an approved variation of condition application for planning permission 08/02716/FUL. Original description of development: Construction of Class A1 Food Retail Store and associated car parking’ without complying with a condition attached to planning permission Ref 18/03405/VARY, dated 10 April 2019

Authority
Stratford-on-Avon District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
retail · Major retail and services
Inspector
Jones D

Main issues, as the Inspector framed them

  • The effect that varying the delivery hours would have on the living conditions of occupiers of neighbouring residential properties, with regard to noise and light pollution

What decided it

The noise impact assessment demonstrated that extending delivery hours to 6am on weekdays and 8am on Sundays would result in unacceptable peak noise levels and disturbance to neighbouring residential occupiers, contrary to Policy CS.9 of the Core Strategy.

Framework references: 185, 81, 130

Plan policies cited: Policy CS.9

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.