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Dismissed2 August 20243340233

169 Ormskirk Road, Rainford, St Helens, WA11 8HR

Planning appeal 3340233 at 169 Ormskirk Road, Rainford, St Helens, WA11 8HR (St Helens Metropolitan Borough Council) was dismissed on 2 August 2024 by Inspector Hartley S, by written representations. The main issue, as the Inspector framed it: The effect of the development upon public health including compliance with the locational requirements of local planning policy in respect of hot food take-aways.

for change of use of café (Class E) to takeaway (Sui Generis), installation of external extraction unit and external alterations to shop front (part retrospective)

Authority
St Helens Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Hartley S
Postcode
WA11 8HR

Main issues, as the Inspector framed them

  • The effect of the development upon public health including compliance with the locational requirements of local planning policy in respect of hot food take-aways
  • The living conditions of the occupiers of No. 169A and 171 Ormskirk Road in respect of noise and disturbance

What decided it

The proposal's location within 400 metres of schools breaches Policy LPD10's exclusion zone for hot food takeaways, and the late-night opening hours would cause unacceptable noise and disturbance to neighbouring residents, with neither harm outweighed by material considerations.

What the Inspector cited

Development plan policies
Policy LPD10Policy LPA12Policy LPA02Hot Food Take-Away SPD 2011
National Planning Policy Framework
Paragraph 96Paragraph 135

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 St Helens Metropolitan Borough Council

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.

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.