52 Thornhill Road, Streetly, SUTTON COLDFIELD, Staffordshire, B74 3EH

change of use from shop to restaurant without complying with a condition attached to planning permission Ref 08/00191/COU, dated 15 April 2008

Authority: Lichfield District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Guest H

Main issues, as the Inspector framed them

Whether the disputed condition can be redrafted to explicitly allow the proposed outside customer seating area

What decided it

The disputed condition cannot be redrafted to explicitly allow the proposed outside customer seating area because any variation cannot specify the amended plans, as such a condition could not have been imposed on the original permission.

Plan policies cited: Policy T13 of the Structure Plan, Policy DC1 of the Local Plan

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