55 Neasham Road, DARLINGTON, DL1 4AG

‘change of use from off-licence (Use Class E) to a hot food takeaway (Sui Generis) with installation of extraction equipment including external flue to north elevation (amendment to opening hours to 11.00 until 21.00 Monday to Sunday including Bank Holiday received 1 December 2020) at K & S Peacock 55 Neasham Road Darlington DL1 4AG without complying with a condition attached to planning permission Ref 20/00963/FUL, dated 18 February 2021

Authority: Darlington Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Francis M

Main issues, as the Inspector framed them

Whether the variation of condition 2 to extend opening hours from 11.00-21.00 to 11.00-22.00 is within the powers of section 73 of the Town and Country Planning Act 1990, given that the opening hours are stated within the description of development

What decided it

The variation of opening hours sought under section 73 would conflict with the description of development stated in the original planning permission decision notice, placing it beyond the powers of section 73 as established in the Finney judgment.

Read the decision letter on the Inspectorate’s site

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What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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