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Planning appeal decision

Quashed On Legal Grounds18 December 20233325409

Cube Bar Ltd, 2 Breck Road, POULTON-LE-FYLDE, FY6 7AA

(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

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

Plan policies cited: Policy SP2, Policy CDMP1, Policy CDMP3, Policy EP4, Policy EP5

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.