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Planning appeal decision

Allowed12 December 20243346568

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

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

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.

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

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.