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Planning appeal decision

Dismissed24 January 20233306724

The Drop Off Cafe, 42 Market Street, Edenfield, Ramsbottom, BURY, BL0 0JN

the change of use of land to form an outdoor eating area in association with the adjoining cafe without complying with a condition attached to planning permission Ref 2018/0177, dated 25 July 2018

Authority
Rossendale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Moulton E

Main issues, as the Inspector framed them

  • The effect of the proposed variation of the condition upon the living conditions of surrounding residents, with regard to noise and disturbance

What decided it

The proposed occupancy limit condition would be unenforceable due to the inability to accurately count people in the seating area, meaning the noise mitigation measures could not be reliably applied, resulting in unacceptable harm to neighbouring residents.

Framework references: 56, 174

Plan policies cited: Policy ENV1, Policy ENV6

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.