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Planning appeal decision

Dismissed29 April 20253347923

243 Portswood Road, Southampton, SO17 2NG

change of use to hot food takeaway including the installation of an extract flue to the rear elevation (amended after validation to include flue) without complying with a condition attached to planning permission Ref 21/01285/FUL, dated 26 November 2021

Authority
Southampton City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Cahalane R

Main issues, as the Inspector framed them

  • Whether condition No. 4 restricting operating hours is reasonable and necessary and whether the proposed revised opening hours would safeguard the living conditions of neighbouring residents, with particular regard to noise and odour disturbance
  • The effect on the character of the local area, with particular regard to litter

What decided it

The absence of detailed noise and odour assessment evidence, combined with the proximity to residential neighbours and the likelihood of disturbance during sleeping hours, meant the proposed extended operating hours would not safeguard the living conditions of neighbouring residents.

Framework references: 57

Plan policies cited: SDP1(i), SDP16, REI7, CS13

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.