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Planning appeal decision

Dismissed29 April 20253347923

243 Portswood Road, Southampton, SO17 2NG

Planning appeal 3347923 at 243 Portswood Road, Southampton, SO17 2NG (Southampton City Council) was dismissed on 29 April 2025 by Inspector Cahalane R, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
SO17 2NG

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.

What the Inspector cited

Development plan policies
SDP1(i)SDP16REI7CS13
National Planning Policy Framework
Paragraph 57

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.

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.