Former Phoenix Garage, Great Hales Street, Market Drayton, TF9 1JW

Planning appeal 3323546 at Former Phoenix Garage, Great Hales Street, Market Drayton, TF9 1JW (Shropshire County Council) was dismissed on 22 December 2023 by Inspector Hockenhull H, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development provides satisfactory living conditions for future residents with particular regard to noise, odour and outdoor amenity space.

redevelopment of site to provide a circa 60 Bed care home (use class C2) including access, parking and landscaping

Authority: Shropshire County Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: community-institutional · Other minor developments
Inspector: Hockenhull H
Postcode: TF9 1JW

Main issues, as the Inspector framed them

Whether the proposed development provides satisfactory living conditions for future residents with particular regard to noise, odour and outdoor amenity space.
Whether the proposed development would protect or enhance the character and appearance of the Market Drayton Conservation Area and whether it would affect the setting of nearby listed buildings.

What decided it

The unacceptable noise impacts on future residents from the adjacent brewery and public house, and the extent of mitigation required to address them.

The housing need, economic benefits and preserved heritage character did not outweigh the harm to living conditions from noise, so the balance tipped against the proposal.

What the Inspector cited

Development plan policies: Policy CS3Policy CS6Policy MD2Core Strategy Policy C6SAMDev Policy MD13SAMDev Policy C6
National Planning Policy Framework: Paragraph 135
Judgments: R (Fraser) v Shropshire Council [2021] EWHC 31 (Admin)

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.

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The decision letter

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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.