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Planning appeal decision

Dismissed14 August 20266009231

Comet Social, 490 Durham Road, Low Fell, NE9 6HU

Change of use from cafe/restaurant to public house and the erection of decking and fencing to the rear to form a beer garden (Retrospective)

Authority
Gateshead
Appeal type
Planning
Procedure
Written
Development
leisure-sport
Postcode
NE9 6HU

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of the occupiers of neighbouring properties

What decided it

The unpredictable and fluctuating nature of social noise from the beer garden in very close proximity to residential properties, combined with the inadequacy of the Noise Impact Assessment to address this type of noise source, demonstrated that significant harm to neighbours' living conditions would result.

the benefits to the business in terms of supporting a local community enterprise and employment were outweighed by the significant harm to the living conditions of neighbouring residents

Framework references: 135, 198

Plan policies cited: Policy CS14, Policy CS15, Policy MSGP17, Policy MSGP18, Policy MSGP24, Policy MSGP25

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.