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Planning appeal decision

Dismissed23 November 20233319973

2 Gervas Road, Leicester, LE5 2EH

Planning appeal 3319973 at 2 Gervas Road, Leicester, LE5 2EH (Leicester City Council) was dismissed on 23 November 2023 by Inspector Brook S, by written representations. The main issue, as the Inspector framed it: Whether this would be a suitable location for the proposed development, having regard to the vitality, viability and diversity of the Gervas Road Local Centre.

Change of use from butcher shop (Class E) to hot food takeaway (Sui Generis) & Installation of a new extraction flue to the West Elevation

Authority
Leicester City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Brook S
Postcode
LE5 2EH

Main issues, as the Inspector framed them

  • Whether this would be a suitable location for the proposed development, having regard to the vitality, viability and diversity of the Gervas Road Local Centre
  • The effect of the proposed development upon the living conditions of occupiers of nearby residential properties, with specific regard to noise, odour and disturbance

What decided it

The proposal would introduce a third hot food takeaway in a five-unit local centre, increasing such uses to 60% and significantly harming the centre's retail function and diversity, while the extraction flue arrangements would inadequately disperse odours and harm residential amenity.

What the Inspector cited

Development plan policies
CS Policy 8CS Policy 11CS Policy 3PS10PS11
National Planning Policy Framework
Paragraph 130Paragraph 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.