Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed11 November 20243343677

55 Neasham Road, Darlington, DL1 4AG

Planning appeal 3343677 at 55 Neasham Road, Darlington, DL1 4AG (Darlington Borough Council) was dismissed on 11 November 2024 by Inspector Francis M, by written representations. The main issue, as the Inspector framed it: 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.

‘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
Postcode
DL1 4AG

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.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

41 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Darlington

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

  1. Dismissed1 May 20266002591
    62 Baydale Road, Darlington, Durham, DL3 8JU
  2. Allowed15 January 20263373582
    45 Greenbank Road, Darlington, DL3 6EN
  3. Dismissed27 October 20253369312
    3 Parkland Drive, Darlington, DL3 9DT
  4. Dismissed18 March 20243332091
    42 Durham Road, Coatham Mundeville, Darlington, DL1 3LZ
  5. Allowed29 June 20223290187
    12 Vane Terrace, Darlington, DL3 7AT

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.