122 The Avenue, Ground Floor Commercial Unit, SEAHAM, COUNTY DURHAM, SR7 8PE

change of use of ground floor commercial unit to hot food takeaway, with collection and delivery; new shopfront; new extraction canopy/duct/flue/cowl system existing to rear elevation; and formation of staff toilet and rear bin store in existing rear extension and outbuildings

Authority: Durham County Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Francis M

Main issues, as the Inspector framed them

the effect of the proposal on the health and lifestyle of young people
the living conditions of neighbouring residents with regards to noise and odour

What decided it

The site's proximity to a primary school (190 metres) within the policy restriction zone means the proposal conflicts with Policy 30 of the County Durham Plan and paragraph 97 of the NPPF, which prohibit hot food takeaways within walking distance of schools, and this harm to young people's health cannot be mitigated by conditions.

Framework references: 96, 97, 85

Plan policies cited: Policy 30, Policy 31, Policy 9

Read the decision letter on the Inspectorate’s site

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