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Planning appeal decision

Dismissed29 March 20233309280

3 Darras Drive, Moor Park, North Shields, North Tyneside, NE29 8RW

Planning appeal 3309280 at 3 Darras Drive, Moor Park, North Shields, North Tyneside, NE29 8RW (North Tyneside Council) was dismissed on 29 March 2023 by Inspector Harrison F, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the living conditions of neighbouring occupiers, with regard to noise and odour.

retention of Use Class E across existing ground floor commercial unit (specifically a proposed change of use from existing hair salon under Use Class E(c) to a restaurant/café under Use Class E(b) for sale of food and drink for consumption (mostly) on the premises with some ancillary takeaway) and installation of two extraction duct systems: one at the side and one at the rear of property, both exiting at ground floor ceiling level to both terminate above the existing eaves level of two storeys through ducting and high velocity, directionally-upwards cowl units

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Harrison F
Postcode
NE29 8RW

Main issues, as the Inspector framed them

  • the effect of the proposal on the living conditions of neighbouring occupiers, with regard to noise and odour
  • the character and appearance of the area

What decided it

The proposal would cause material harm to the living conditions of neighbouring occupiers, particularly the flat above the appeal site, through noise and odour impacts that could not be adequately mitigated, conflicting with the development plan.

What the Inspector cited

Development plan policies
DM6.1DM5.19
National Planning Policy Framework
Paragraph 185

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 authority’s record since 2016 · every decision in 2023

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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.