41A High Street, Tewkesbury, GL20 5BB

change of use from retail to hot food takeaway (Sui Generis)

Authority: Tewkesbury Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Barton P

Main issues, as the Inspector framed them

whether the development would preserve or enhance the character or appearance of the Tewkesbury Conservation Area (TCA), with particular reference to refuse bin storage
the effect of the development on the living conditions of nearby residents, with particular reference to noise and cooking smells

What decided it

The absence of a permanent mechanism to secure off-site refuse disposal, combined with the incomplete extraction system failing to mitigate odour and noise impacts on neighbouring residents, meant the development conflicted with both conservation area protection requirements and amenity standards for hot food takeaways.

Framework references: 215

Plan policies cited: Policy SD8, Policy HER1, Policy SD14, Policy RET6

Read the decision letter on the Inspectorate’s site

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