Bede House, 20 Stanhope Street, Arthurs Hill, NEWCASTLE-UPON-TYNE, NE4 6BH

hot food takeaway

Authority: Newcastle Upon Tyne City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: retail · Minor retail and services
Inspector: Kean G

Main issues, as the Inspector framed them

Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, having regard to whether the 2011 permission for hot food takeaway use was lawfully implemented

What decided it

The failure to discharge or comply with conditions precedent, particularly the requirement for an approved extraction flue system prior to commencement of the hot food takeaway use, and the absence of evidence of 10 years' continuous lawful use.

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