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Dismissed16 October 20233318776

33 Blackburn Road, Darwen, BB3 1EJ

Planning appeal 3318776 at 33 Blackburn Road, Darwen, BB3 1EJ (Blackburn with Darwen Borough Council) was dismissed on 16 October 2023 by Inspector Lancaster K, by written representations. The main issue, as the Inspector framed it: the effect of the development on the character and vitality of the District Centre.

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
Postcode
BB3 1EJ

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.

What the Inspector cited

Development plan policies
Policy 27Policy 33Policy 8
National Planning Policy Framework
Paragraph 81

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.