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Planning appeal decision

Dismissed3 February 20253347103

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

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

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.

Framework references: 97

Plan policies cited: Policy CS27, Policy SP11

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.