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Planning appeal decision

Notice upheld11 August 20233306307

Land used as a car park at Nandini's, 324 Manchester Road, Oldham, OL9 7ES

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

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.

Plan policies cited: Policy 9, Policy 15, Policy 22

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.