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Planning appeal decision

Allowed21 December 20233321057

Fahren Estate Agents, 170 Old Christchurch Road, BOURNEMOUTH, BH1 1NU

Change of Use from Class E(c) Estate Agent to Take-Away (Sui Generis) including modifications to shopfront and install extractor flue without complying with conditions attached to planning permission Ref 7-2022-4620-B, dated 21 October 2022

Authority
Bournemouth, Christchurch and Poole
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Rose C

Main issues, as the Inspector framed them

  • the effect of varying or deleting the affected conditions on the promotion of alternative modes of transport, with particular regard to the provision of cycle parking
  • the effect of varying or deleting the affected conditions on the character and appearance of the area including whether the proposal would preserve or enhance the character or appearance of the Old Christchurch Conservation Area
  • the effect of varying or deleting the affected conditions on the living conditions of neighbouring occupiers, with particular regard to noise and activity

What decided it

The Inspector allowed the appeal on a split basis: conditions 3, 4 and 5 were varied with amended wording to reflect that development had commenced and to require one cycle stand, but conditions 1 and 2 were re-imposed as justified, with conditions 6 and 7 re-imposed with amended wording to secure a management statement and noise assessment before the use could lawfully continue.

Framework references: 202

Plan policies cited: Policy CS18, Policy CS38, Policy CS39, Policy CS41, Policy 4.4, Policy 4.21, Policy D4, Policy D6, Policy U9

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.