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Planning appeal decision

Dismissed12 March 20253355986

H2O, 76-78 High Street, Hucknall, NOTTINGHAMSHIRE, NG15 7AX

the change of use of the premises from retail (A1) to a lounge bar (A4) with a smoke shelter and mechanical extraction to the rear of the property, without complying with a condition attached to planning permission reference V/2012/0207

Authority
Ashfield District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Hartley S

Main issues, as the Inspector framed them

  • Whether the appeal condition is necessary to protect the living conditions of occupants of adjoining premises in terms of noise and disturbance

What decided it

The existing condition restricting external seating is not necessary because the limited size of the rear yard, its location adjoining mainly commercial premises, the precedent of approved smoking shelter use, and a 10 pm closing time condition would sufficiently mitigate any noise and disturbance to nearby residents.

Framework references: 12

Plan policies cited: Policy ST1 of the Ashfield Local Plan Review (2002)

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.