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Planning appeal decision

Allowed19 March 20253350199

40-42 Church Road, ASHFORD, TW15 2UY

redevelopment of the site comprising the demolition of the existing buildings and the construction of new buildings between one and five storey's to accommodate 357 dwellings (within use class C3), 619sqm (GIA) of flexible commercial floor space (within use classes A1, A2, A3, A4, A5, B1(a) and 442sqm (GIA) of education floor space (within use class D1), the provision of public open space and associated car parking, cycle parking, access and related infrastructure and associated works without complying with a condition attached to planning permission Ref 17/01274/FUL, dated 18 December 2017

Authority
Spelthorne Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Ellis G

Main issues, as the Inspector framed them

  • The effect that proposed opening times (0700-2200 weekdays, 0700-1900 weekends) would have on the living conditions of neighbouring residents located in the flats above, with particular regard to noise and disturbance

What decided it

The appellant's willingness to accept 0700 opening on weekdays (rather than 0600 sought), combined with proposed noise mitigation measures to be formalised in a Management Plan, satisfied the Inspector that this would not cause unacceptable harm to neighbouring residents' living conditions, whilst the maintenance of 0800 opening on weekends appropriately protected amenity during periods when residents were more likely to be sleeping.

Framework references: 56, 135, 198

Plan policies cited: Policy EN11 of Core Strategy and Policies Development Plan Document (2009)

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.