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Planning appeal decision

Notice varied and upheld21 June 20243306835

The land situate and known as land at Unit 1, Pastures Road, MEXBOROUGH, S64 0JJ

Authority
Doncaster Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
minerals-waste · Major general industry/storage/warehousing
Inspector
Whitfield J

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of nearby residents with particular regard to noise and vibration, and dust
  • the effect of the development on the character and appearance of the area

What decided it

The harm to the living conditions of nearby residents from noise and vibration associated with the mixed use outweighed the benefits and was the prevailing consideration.

the significant weight afforded to the economic and employment benefits of the use did not outweigh the substantial weight given to the harm to living conditions from noise and vibration

Framework references: 135

Plan policies cited: Policy 46, Policy 42

Judgments cited: Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630; Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467

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.