®Planning appeal decision
34A Kimberworth Road, Kimberworth Road, Rotherham, S61 1AE
a) The erection of canopies and buildings comprising covered seating area, kitchen unit, wash room, barbeque/fire pit used in connection with La Sandy Restaurant as per the blue area on the plan attached at section 2; b) The unauthorised mixed use of the site comprising van, trailer and mini digger storage area on the land (Class E and B8) as per the green area on the plan attached at section 2
- Authority
- Rotherham Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- other · Other minor developments
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the area
- The effect of the development on the living conditions of nearby residents having regard to noise disturbance and cooking odours
- The effect of the development on highway and pedestrian safety
What decided it
The significant harm to character and appearance and to highway and pedestrian safety was not outweighed by the benefits of the restaurant use, resulting in conflict with the development plan as a whole.
the significant harm to character and appearance and to highway and pedestrian safety outweighed the benefits of a well-used, accepted restaurant use, tipping the balance against granting planning permission
Plan policies cited: Policy CS 28, Policy SP 11, Policy SP 52, Policy SP 55
Judgments cited: Miller-Mead v MHLG [1963] 2 QB 196; Egan v. Basildon Borough Council [2011] EWHC 2416
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.