84-86 Sarah Street, Darwen, BB3 3ET

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

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.

Framework references: 85, 96

Plan policies cited: Policy CP8, Policy DM27, Policy DM01, Policy DM02, Blackburn with Darwen Local Plan 2021-2037

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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