84-86 Sarah Street, Darwen, BB3 3ET

Planning appeal 3326614 at 84-86 Sarah Street, Darwen, BB3 3ET (Blackburn with Darwen Borough Council) was dismissed on 8 February 2024 by Inspector Veevers A, by written representations. The main issue, as the Inspector framed it: the effect of the extraction flue on the character and appearance of the host property and the surrounding area.

change of use from cafe/restaurant (Class E) to hot food takeaway (Sui Generis) including retention of extractor flue

Authority: Blackburn with Darwen Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Veevers A
Postcode: BB3 3ET

Main issues, as the Inspector framed them

the effect of the extraction flue on the character and appearance of the host property and the surrounding area
the effect of the proposal on the living conditions of occupiers of nearby properties, with particular regard to odour, noise and disturbance
whether the proposed development would accord with the local development strategy for the area with regard to public health

What decided it

The proposal conflicts with the development plan on three independent grounds: visual harm from the extraction flue, unacceptable noise and disturbance to neighbouring residents from evening trading, and conflict with public health policy due to high existing obesity rates and concentration of takeaways in the ward.

What the Inspector cited

Development plan policies: Policy CP8Policy DM27Policy DM01Policy DM02Blackburn with Darwen Local Plan 2021-2037
National Planning Policy Framework: Paragraph 85Paragraph 96

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.