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Dismissed29 July 20243339209

343 East Park Road, Leicester, LE5 5HL

Planning appeal 3339209 at 343 East Park Road, Leicester, LE5 5HL (Leicester City Council) was dismissed on 29 July 2024 by Inspector Wilson D, by written representations. The main issue, as the Inspector framed it: Whether condition 3 relating to opening hours (07:00 to 23:00 daily) is reasonable or necessary in order to protect the living conditions of nearby occupiers in respect of noise and disturbance.

change of use form retail to restaurant (Class E) without complying with a condition attached to planning permission Ref 20171172, dated 8 August 2017

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Wilson D
Postcode
LE5 5HL

Main issues, as the Inspector framed them

  • Whether condition 3 relating to opening hours (07:00 to 23:00 daily) is reasonable or necessary in order to protect the living conditions of nearby occupiers in respect of noise and disturbance

What decided it

The condition restricting opening hours to 07:00-23:00 is reasonable and necessary to protect the living conditions of nearby residential occupiers from unacceptable noise and disturbance that would result from extended late-night opening hours.

What the Inspector cited

Development plan policies
Policy PS10Policy R05Policy CS11
National Planning Policy Framework
Paragraph 135Paragraph 191

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

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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.

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