Cube Bar Ltd, 2 Breck Road, Poulton-Le-Fylde, FY6 7AA

Planning appeal 3325409 at Cube Bar Ltd, 2 Breck Road, Poulton-Le-Fylde, FY6 7AA (Wyre Borough Council) was decided (quashed on legal grounds) on 18 December 2023 by Inspector Watson S, following an inquiry. The main issue, as the Inspector framed it: The main issue is the effect of the development upon the living conditions of occupiers of nearby residential properties with particular regard to noise.

(1) a) The increase in the height of brick boundary walls to the western, northern, and eastern boundaries of the land respectively in the approximate locations marked yellow on the plan attached hereto to a height of approximately 2.25 metres from ground level; and

Authority: Wyre Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: leisure-sport · Other minor developments
Inspector: Watson S
Postcode: FY6 7AA

Main issues, as the Inspector framed them

The main issue is the effect of the development upon the living conditions of occupiers of nearby residential properties with particular regard to noise.

What decided it

The Inspector's finding that the 2001 permission (02/01/00569) gave unrestricted use of the yard and remained the operative permission, combined with the conclusion that the canopy and raised walls caused no harmful effect on neighbours' living conditions.

the noise attenuation and amenity benefits of the canopy and wall for neighbours, together with the realistic fallback of umbrellas achieving similar increased use without the canopy, outweighed concerns about increased noise from greater use of the beer garden

What the Inspector cited

Development plan policies: Policy SP2Policy CDMP1Policy CDMP3Policy EP4Policy EP5

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.