54-56 Watergate Street, Chester, Cheshire, CH1 2LA

without planning permission, a material change of use of the land from café use (A3 use) to a mixed use of café and bar with live music (sui generis) ("the unauthorised development")

Authority: Cheshire West and Chester
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Ollerenshaw M

Main issues, as the Inspector framed them

The effect of the development on the living conditions of the neighbouring occupiers, having regard to noise and disturbance

What decided it

The imposition of strict conditions controlling opening hours (10:00-22:00 Sunday-Thursday, 10:00-00:00 Friday-Saturday), requiring sound insulation and acoustic lobbies, and prohibiting live music, combined with the site's location in a busy city centre with existing commercial uses, adequately mitigates noise and disturbance impacts on neighbouring residents.

Plan policies cited: Policy SOC5, Policy DM2, Policy DM30

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