36-38 Sandy Lane, Lowton, Wigan, WA3 1DR

Planning appeal 3346568 at 36-38 Sandy Lane, Lowton, Wigan, WA3 1DR (Wigan Metropolitan Borough Council) was allowed on 12 December 2024 by Inspector Berry A, by written representations. The main issue, as the Inspector framed it: Whether the condition restricting loading/unloading or manoeuvring of fairground equipment on a Sunday is reasonable and necessary in the interests of protecting the living conditions of the occupiers of neighbouring properties, with reference to noise and disturbance.

the change of use to the storage of fairground rides, vehicles and associated apparatus without complying with a condition attached to planning permission Ref A/20/89078/RET, dated 11 May 2022

Authority: Wigan Metropolitan Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: other · Minor general industry/storage/warehousing
Inspector: Berry A
Postcode: WA3 1DR

Main issues, as the Inspector framed them

Whether the condition restricting loading/unloading or manoeuvring of fairground equipment on a Sunday is reasonable and necessary in the interests of protecting the living conditions of the occupiers of neighbouring properties, with reference to noise and disturbance

What decided it

The Council's Environmental Health department confirmed that the separate noise condition (Condition 2) restricting noise levels seven days a week is sufficient to protect neighbouring living conditions without requiring a Sunday ban on movements.

What the Inspector cited

Development plan policies: Policy CP17 of the Wigan Local Plan Core Strategy adopted 2013Policy JP-P1 of the Places for Everyone Joint Development Plan Document adopted 2024

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.

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The decision letter

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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.