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Planning appeal decision

Dismissed16 October 20233318776

33 Blackburn Road, Darwen, BB3 1EJ

the change of use from café which was selling hot food to a hot food takeaway

Authority
Blackburn with Darwen Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Lancaster K

Main issues, as the Inspector framed them

  • the effect of the development on the character and vitality of the District Centre
  • public health, having regard to the proximity of the appeal site to local schools and the concentration of existing takeaway premises
  • the living conditions of neighbouring occupiers, with particular regard to odour, noise and disturbance

What decided it

The development fails to accord with the development plan on all three main issues: harm to District Centre vitality, unacceptable public health impacts, and undemonstrated adequacy of mitigation for living conditions of the upper floor flat occupiers.

Framework references: 81

Plan policies cited: Policy 27, Policy 33, Policy 8

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.