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Planning appeal decision

Notice varied and upheld31 October 20233320759

43A Market Place, South Cave, Brough, HU15 2BS

Planning appeal 3320759 at 43A Market Place, South Cave, Brough, HU15 2BS (East Riding of Yorkshire Council) was allowed in part (a split decision) on 31 October 2023 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: The effects of the development on the living conditions of neighbouring occupiers.

Without planning permission material change of use of land with a nil lawful use to use as a hot food takeaway

Authority
East Riding of Yorkshire Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Renaudon L
Postcode
HU15 2BS

Main issues, as the Inspector framed them

  • The effects of the development on the living conditions of neighbouring occupiers
  • The effects of the development on the character or appearance of the South Cave Conservation Area
  • Whether the steps required to be taken exceed what is necessary to remedy the breach of planning control or any injury to amenity caused by it

What decided it

Insufficient information about the proposed extraction system to demonstrate that unacceptable odorous impacts and potential noise from the extraction pipe could be adequately mitigated to comply with development plan policies ENV1 and ENV6.

What the Inspector cited

Development plan policies
ENV1ENV6EC1EC3

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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23 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in East Riding of Yorkshire Council

The authority’s record since 2016 · every decision in 2023

  1. Allowed7 October 20266012230
    Aggreforce Limited, Mill Lane, Sandholme, HU15 2FP
  2. Dismissed29 September 20263375085
    Land and Building East of Manor House Farm, 1 Lockington Road, Lund, East Riding of Yorkshire, YO25 9TG
  3. Allowed14 August 20263364422
    West Garth, Main Street, Brigham, East Riding of Yorkshire, YO25 8JW
  4. Allowed5 August 20263360762
    Cliff House Farm Garthend Lane, Cowden, Hull, HU11 4UN
  5. Dismissed4 August 20266007141
    51 Hailgate, Howden, DN14 7ST

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.