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Planning appeal decision

Allowed21 December 20233328446

Fisk, 61 Cold Bath Road, HARROGATE, North Yorkshire, HG2 0NL

an existing structure previously granted semi-permanent permission under application Ref 20/03483/FUL without complying with a condition attached to planning permission Ref ZC23/01541/FUL, dated 14 June 2023

Authority
North Yorkshire Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Ashworth S

Main issues, as the Inspector framed them

  • The effect of the proposed extension of opening hours on the living conditions of neighbouring residents, having particular regard to noise and disturbance

What decided it

The limited evidence of significant noise and disturbance from the existing structure over several years, combined with the modest size and containment of the seating area and its capacity for effective management, demonstrated that extending opening hours to 23:00 would be unlikely to cause significant harm to neighbouring residents' living conditions.

Plan policies cited: Policy HP4

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.