®Planning appeal decision
40-42 Church Road, Ashford, TW15 2UY
Planning appeal 3350199 at 40-42 Church Road, Ashford, TW15 2UY (Spelthorne Borough Council) was allowed on 19 March 2025 by Inspector Ellis G, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- TW15 2UY
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.
What the Inspector cited
- Development plan policies
- Policy EN11 of Core Strategy and Policies Development Plan Document (2009)
- National Planning Policy Framework
- Paragraph 56Paragraph 135Paragraph 198
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.