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Notice upheld25 March 20253352312

101 Manchester Road, Chorlton Cum Hardy, Manchester, M21 9GA

Planning appeal 3352312 at 101 Manchester Road, Chorlton Cum Hardy, Manchester, M21 9GA (Manchester City Council) was dismissed on 25 March 2025 by Inspector Howell M, following an inquiry. The main issue, as the Inspector framed it: The living conditions of the nearest neighbouring occupants on Manchester Road and Kensington Road, with specific regard to traffic, waste as well as noise and disturbance.

without planning permission, the material change of use of the premises to a hot food takeaway (Sui Generis)

Authority
Manchester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
retail · Change of use
Inspector
Howell M
Postcode
M21 9GA

Main issues, as the Inspector framed them

  • The living conditions of the nearest neighbouring occupants on Manchester Road and Kensington Road, with specific regard to traffic, waste as well as noise and disturbance.
  • The effect of the development on highway safety.
  • The effect of the development on public health, having regard to the proximity to a local primary school.

What decided it

The unacceptable harm to neighbouring living conditions and highway safety caused by the hot food takeaway use was not outweighed by its limited economic and town centre vitality benefits.

the modest daytime and night-time economy benefits of the hot food takeaway were outweighed by the significant harm identified to neighbours' living conditions and to highway safety

What the Inspector cited

Development plan policies
Policy C10Saved Policy DC10Policy SP1Policy DM1Policy C2Policy EN1Policy C1Policy C6Policy JP-S1
National Planning Policy Framework
Paragraph 97Paragraph 116
Judgments
Hertfordshire County Council v. SoS [2012] EWCA Civ 1473

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.