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Planning appeal decision

Dismissed2 August 20243340233

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

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

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.

Framework references: 96, 135

Plan policies cited: Policy LPD10, Policy LPA12, Policy LPA02, Hot Food Take-Away SPD 2011

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.