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Planning appeal decision

Dismissed9 July 20266008003

235-241 Heathway, Dagenham, RM9 5AN

for the subdivision of the ground floor (Use Class E(a)) and partial change of use to a takeaway (Sui Generis) including changes to the front elevation

Authority
Barking and Dagenham
Appeal type
Planning
Procedure
Written
Development
retail
Postcode
RM9 5AN

Main issues, as the Inspector framed them

  • whether the proposed change of use would be acceptable, with regard to its location and proximity to schools and other centres frequented by children, impact on health objectives and the loss of Class E floorspace
  • whether the proposed development would provide adequate refuse storage
  • the effect of the proposed development on neighbouring living and working conditions, with regard to noise, disturbance and odour
  • whether the proposed development would provide adequate space for the operations of a takeaway unit

What decided it

The absence of cumulative and health impact assessments required by Policy DME3 of the BDLP, combined with inadequate refuse storage provision, meant the scheme conflicted with the development plan and the benefits did not outweigh the potential harm.

Plan policies cited: Policy E9 of the London Plan 2021, Policy DME3 of the London Borough of Barking & Dagenham Local Plan 2020-2037, Policy DMSI8 of the BDLP, Policy DMT2 of the BDLP, Policy DMT3 of the BDLP, Policy SP8 of the BDLP, Policy DMS1 of the BDLP, Policy SP2 of the BDLP, Policy DMD1 of the BDLP, Policy DMSI3 of the BDLP, Policy D6 of the London Plan 2021, Policy D13 of the London Plan 2021, Policy D14 of the London Plan 2021, Policy DMD3 of the BDLP, Policy SP5 of the BDLP, Policy D1 of the London Plan 2021, Policy D4 of the London Plan 2021

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.