®Planning appeal decision
101 Manchester Road, Chorlton Cum Hardy, MANCHESTER, M21 9GA
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
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
Framework references: 97, 116
Plan policies cited: Policy C10, Saved Policy DC10, Policy SP1, Policy DM1, Policy C2, Policy EN1, Policy C1, Policy C6, Policy JP-S1
Judgments cited: Hertfordshire County Council v. SoS [2012] EWCA Civ 1473
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.