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Dismissed24 January 20233306724

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

Planning appeal 3306724 at The Drop Off Cafe, 42 Market Street, Edenfield, Ramsbottom, Bury, BL0 0JN (Rossendale Borough Council) was dismissed on 24 January 2023 by Inspector Moulton E, by written representations. The main issue, as the Inspector framed it: The effect of the proposed variation of the condition upon the living conditions of surrounding residents, with regard to noise and disturbance.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Moulton E
Postcode
BL0 0JN

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.

What the Inspector cited

Development plan policies
Policy ENV1Policy ENV6
National Planning Policy Framework
Paragraph 56Paragraph 174

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.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.