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Dismissed3 February 20253347103

41 Winterwell Road, Wath Upon Dearne, Rotherham, S63 6DP

Planning appeal 3347103 at 41 Winterwell Road, Wath Upon Dearne, Rotherham, S63 6DP (Rotherham Metropolitan Borough Council) was dismissed on 3 February 2025 by Inspector Sibley G, by written representations. The main issue, as the Inspector framed it: whether the site is a suitable location for the development having particular regard to the health and well-being of local school children.

application for change of use of former public house to diner on ground floor and first floor from landlords accommodation to 2 nr flats

Authority
Rotherham Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Sibley G
Postcode
S63 6DP

Main issues, as the Inspector framed them

  • whether the site is a suitable location for the development having particular regard to the health and well-being of local school children
  • the effect of the development upon the living conditions of the neighbouring occupiers with regard to noise and disturbance

What decided it

The site's location within 400m of a primary school and the diner's operation as a hybrid A5 use offering hot food takeaway during school finishing times conflicts with SPD5 and NPPF paragraph 97, causing unacceptable harm to the health and well-being of local school children that cannot be mitigated by conditions.

What the Inspector cited

Development plan policies
Policy CS27Policy SP11
National Planning Policy Framework
Paragraph 97

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.

See how each was applied

The decision letter

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More decisions in Rotherham

The authority’s record since 2016 · every decision in 2025

  1. Dismissed3 August 20266009594
    179, Worksop Road, Rotherham, S26 4WB
  2. Allowed28 April 20266003107
    15 Hardwick Street, Dalton, Rotherham, Yorkshire, S65 3QP
  3. Dismissed13 January 20266000996
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  4. Notice upheld19 December 20253342687
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  5. Allowed19 November 20253365059
    Land off Moat Lane, Wickersley, S66 1DZ

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.