Land Used As A Car Park at Nandini's, 324 Manchester Road, Oldham, OL9 7ES

Planning appeal 3306307 at Land Used As A Car Park at Nandini's, 324 Manchester Road, Oldham, OL9 7ES (Oldham Metropolitan Borough Council) was dismissed on 11 August 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: The effect of the change of use and operation of the takeaway container on the living conditions of nearby residents, with particular reference to odours and smells and noise and disturbance.

as follows: The change of use of the land from land used as a car park to land used as a car park and hot food takeaway by the continued siting and use of a metal container and canopy on the land as a hot food takeaway, despite refusal of planning permission FUL/347488/21

Authority: Oldham Metropolitan Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: retail · Change of use
Inspector: Wharton T
Postcode: OL9 7ES

Main issues, as the Inspector framed them

The effect of the change of use and operation of the takeaway container on the living conditions of nearby residents, with particular reference to odours and smells and noise and disturbance
The effect that the operation of the takeaway container in this new location has on highway safety, amenity and parking

What decided it

The proximity of the larger container to Goodwin Court residential flats created unacceptable impacts from cooking odours, smells and noise, and the loss of six parking spaces created unacceptable highway safety risks, contrary to development plan policies and the NPPF.

What the Inspector cited

Development plan policies: Policy 9Policy 15Policy 22

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 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.