343 East Park Road, Leicester, LE5 5HL

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

Authority: Leicester City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Wilson D

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.

Framework references: 135, 191

Plan policies cited: Policy PS10, Policy R05, Policy CS11

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