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Planning appeal decision

Allowed25 July 20253364083

93a London Road, Marks Tey, Marks Tey , Colchester, Essex, CO6 1EB

change of use from clothes shop to bakery shop without complying with a condition attached to planning permission Ref 231616, dated 15 September 2023

Authority
Colchester Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Bennett T

Main issues, as the Inspector framed them

  • The effect of varying the opening hours on the living conditions of neighbouring residential occupiers, with particular regard to noise and disturbance

What decided it

The existing high background noise levels from the A12 and surrounding commercial premises already open before 08:00, combined with the limited scale and nature of the bakery business, mean that the additional opening hours would not result in material harm to neighbouring residents' living conditions.

Plan policies cited: Policy DM15 of the Colchester Borough Council Local Plan – Section 2 (2022), Policy SP7 of the Colchester Borough Local Plan – Section 1 (2021)

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.