Planning appeal decision
36-40, High Street, Epsom, KT19 8AH
renewal of consent for variation of opening hours to between 0600 and 0100 hours only without complying with a condition attached to planning permission Ref T.P.3/No.06/87/0974/0527, dated 13 October 1987. The condition in dispute No 2 which states that: ‘The premises shall be closed to the public between the hours of 0100 and 0600’. The reason given for the condition is: ‘To restrict the use of acceptable periods having regard to the location of the premises within the shopping centre, and to accord with the terms of the application
- Authority
- Epsom and Ewell Borough Council
- Appeal type
- Planning
- Procedure
- Written
- Development
- leisure-sport
- Postcode
- KT19 8AH
Main issues, as the Inspector framed them
- The effect that varying condition 2 would have on the living conditions of the occupiers of nearby dwellings, with particular regard to noise and disturbance
- The effect that varying condition 2 would have on anti-social behaviour
- The effect that varying condition 2 would have on pedestrian safety
What decided it
The proposal would cause harmful noise and disturbance to nearby residents during night-time hours when they have a reasonable expectation of quiet, increase the risk of anti-social behaviour, and harm pedestrian safety through uncontrolled delivery vehicle activity, conflicting with development plan policies on amenity, crime reduction and safe access.
Plan policies cited: Policy CS6, Policy CS16, Policy DM9, Policy DM10
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.
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