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Dismissed9 January 20253350023

The Grill Shawarma, 20 Commercial Road, Hereford, HR1 2BD

Planning appeal 3350023 at The Grill Shawarma, 20 Commercial Road, Hereford, HR1 2BD (Herefordshire Council) was dismissed on 9 January 2025 by Inspector Robinson N, by written representations. The main issue, as the Inspector framed it: The effect of the variation of the condition on the living conditions of the occupiers of neighbouring properties with particular regard to noise.

proposed change of use from Class E(a) to a Sui Generis (Hot Food Takeaway with associated seating area for consumption of food on the premises) without complying with a condition attached to planning permission Ref 231954, dated 11 October 2023

Authority
Herefordshire Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Robinson N
Postcode
HR1 2BD

Main issues, as the Inspector framed them

  • The effect of the variation of the condition on the living conditions of the occupiers of neighbouring properties with particular regard to noise

What decided it

Noise from the extraction unit and outdoor seating area would cause unmitigated disturbance to neighbouring residential properties during extended evening hours, harming living conditions in conflict with local plan policies.

What the Inspector cited

Development plan policies
Policy SS6Policy SD1

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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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.