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

Planning appeal 3355986 at H2O, 76-78 High Street, Hucknall, Nottinghamshire, NG15 7AX (Ashfield District Council) was dismissed on 12 March 2025 by Inspector Hartley S, by written representations. The main issue, as the Inspector framed it: Whether the appeal condition is necessary to protect the living conditions of occupants of adjoining premises in terms of noise and disturbance.

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
Postcode: NG15 7AX

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.

What the Inspector cited

Development plan policies: Policy ST1 of the Ashfield Local Plan Review (2002)
National Planning Policy Framework: Paragraph 12

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.

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The decision letter

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More decisions in Ashfield

The authority’s record since 2016 · every decision in 2025

Allowed25 August 20266011598
1A Ellis Street, Kirkby In Ashfield, NG17 7AL
Allowed20 October 20253366825
4 Hollinwell Close, Kirkby-In-Ashfield, Nottinghamshire, NG17 8NE
Allowed12 March 20253346022
76-78 High Street, Hucknall, Nottingham, NG15 7AX
Allowed11 February 20253350529
Land at Junction of Newark Road and Coxmoor Road, Sutton In Ashfield, Nottinghamshire, NG17 5LE
Dismissed28 November 20243346693
4 Westbourne View , Sutton In Ashfield , Nottinghamshire , NG17 2HT

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.