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Planning appeal decision

Dismissed22 December 20233323546

Former Phoenix Garage, Great Hales Street, MARKET DRAYTON, TF9 1JW

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

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.

Framework references: 135

Plan policies cited: Policy CS3, Policy CS6, Policy MD2, Core Strategy Policy C6, SAMDev Policy MD13, SAMDev Policy C6

Judgments cited: R (Fraser) v Shropshire Council [2021] EWHC 31 (Admin)

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.