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Planning appeal decision

Dismissed22 July 20266006885

12 Coniston Road, Blackburn, BB1 5NP

the change of use from residential dwelling (Class C3) to a children's nursery (Class E(f) (Creche and day nursery) at No 12 with ancillary living accommodation at No 10 and change of use of vacant land to a car park

Authority
Blackburn with Darwen
Appeal type
Planning
Procedure
Hearing
Development
community-institutional
Postcode
BB1 5NP

Main issues, as the Inspector framed them

  • The effect of the proposal on the living conditions of neighbouring occupiers, in relation to noise and disturbance
  • The effect of the proposal on highway safety, with particular regard to car parking

What decided it

The combined significant harm to neighbouring living conditions from noise and disturbance and the unacceptable effect on highway safety from parking pressures outweighed the limited benefits of the scheme.

The limited weight attached to the social and economic benefits of the nursery was insufficient to outweigh the significant harm to neighbours' living conditions and the unacceptable highway safety effects, so the balance tipped against the proposal.

Framework references: 198, 57

Plan policies cited: Policy DM02, Policy DM29

Judgments cited: Wainhomes & Cornell v SSCLG & Wiltshire Council; Shinh and Anor v First Secretary of State [2005] EWHC 521 (Admin)

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.