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Notice upheld30 June 20253359655

34A Kimberworth Road, Kimberworth Road, Rotherham, S61 1AE

Planning appeal 3359655 at 34A Kimberworth Road, Kimberworth Road, Rotherham, S61 1AE (Rotherham Metropolitan Borough Council) was dismissed on 30 June 2025 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.

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
Postcode
S61 1AE

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

What the Inspector cited

Development plan policies
Policy CS 28Policy SP 11Policy SP 52Policy SP 55
Judgments
Miller-Mead v MHLG [1963] 2 QB 196; Egan v. Basildon Borough Council [2011] EWHC 2416

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.

See how each was applied

The decision letter

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.