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Planning appeal decision

Dismissed6 February 20243332172

Ground Floor, 106 High Street, Stockton-on-Tees, TS18 1BB

Planning appeal 3332172 at Ground Floor, 106 High Street, Stockton-on-Tees, TS18 1BB (Stockton-on-Tees Borough Council) was dismissed on 6 February 2024 by Inspector Teasdale N, by written representations. The main issue, as the Inspector framed it: The effect that varying the condition would have on the living conditions of occupiers of nearby properties in relation to noise and disturbance and the impact upon the character of the surrounding area.

Section 73 application to vary condition no5 (opening hours) of planning approval 05/0126/COU - Change of use from retail (A1) to amusement arcade on ground floor and cafe on first floor without complying with a condition attached to planning permission Ref 21/2670/VARY, dated 21 December 2021

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Teasdale N
Postcode
TS18 1BB

Main issues, as the Inspector framed them

  • The effect that varying the condition would have on the living conditions of occupiers of nearby properties in relation to noise and disturbance and the impact upon the character of the surrounding area

What decided it

The extended opening hours would result in unacceptable noise and disturbance to nearby residential occupiers during early morning hours when background noise levels are low, conflicting with Policy SD8 and NPPF aspirations for well-designed places.

What the Inspector cited

Development plan policies
Policy SD8

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.

See how each was applied

The decision letter

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More decisions in Stockton-on-Tees Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Allowed5 August 20266007311
    Little Meadows, Elton, Stockton-on-Tees, TS21 1AG
  2. Allowed15 June 20266004414
    76 High Street, Yarm, TS15 9AH
  3. Dismissed31 March 20263374219
    4 Wass Way, Durham Lane Industrial Estate, Stockton-on-Tees, Cleveland, TS16 0RG
  4. Dismissed4 November 20253369153
    42 Westbourne Street , Stockton On Tees , TS18 3EN
  5. Dismissed31 July 20253358703
    Viewley Hill Farm, Old Mill Lane, Billingham, Stockton-on-Tees, TS20 1PQ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.