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Dismissed16 May 20233308607

Wm Morrison Supermarkets Ltd, 15 Pomphlett Road, Plymouth, PL9 7BH

Planning appeal 3308607 at Wm Morrison Supermarkets Ltd, 15 Pomphlett Road, Plymouth, PL9 7BH (Plymouth City Council) was dismissed on 16 May 2023 by Inspector Harrington S, by written representations. The main issue, as the Inspector framed it: Whether the conditions restricting delivery and loading/despatching times are reasonable or necessary in the interests of the living conditions of nearby residents, with particular regard to noise and general disturbance.

extensions to retail unit comprising sales area, coffee shop, warehousing and new substation without complying with a condition attached to planning permission 00/01329, dated 31 January 2001

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Harrington S
Postcode
PL9 7BH

Main issues, as the Inspector framed them

  • Whether the conditions restricting delivery and loading/despatching times are reasonable or necessary in the interests of the living conditions of nearby residents, with particular regard to noise and general disturbance

What decided it

The conditions restricting delivery and loading times are reasonable and necessary to protect the living conditions of nearby residents from noise and disturbance during sensitive night-time hours, and the proposals conflict with development plan policies DEV1 and DEV2 which seek to safeguard living conditions in relation to noise.

What the Inspector cited

Development plan policies
Policy CS22 of the Plymouth Local Development Framework Core Strategy (2006-2021) 2007Policy DEV2 of the emerging Plymouth and South West Devon Joint Local Plan (2014-2034)Policy aev49 of the adopted City of Plymouth Local Plan First Alteration 1996Policy DEV1 of the Plymouth and South West Devon Joint Local Plan (2014-2034)Policy DEV2 of the Plymouth and Southwest Devon Joint Local Plan
National Planning Policy Framework
Paragraph 123

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.