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07/08/2020

Appeal: Inspector allays amenity concerns to allow Scunthorpe café proposal

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Uber Eats delivery

Planning permission has been granted for the change of use from retail to a café and takeaway in Scunthorpe after the proposal was judged not to harm local amenity.

LOCATIONScunthorpe, Lincolnshire
AUTHORITYNorth Lincolnshire Council
INSPECTOREdwin Maund
PROCEDUREWritten representations
DECISIONAllowed
REFERENCEAPP/Y2003/W/20/3247541 

The appeal was against North Lincolnshire Council’s failure to make a decision within the prescribed period in an issue which revolved around the proposal’s compliance with a policy in the local plan.

The introductory text to the policy advises that problems associated with takeaways make them unsuitable for residential areas and they should be only appropriately located within town, district and local centres. The council had argued the site does not sit within such a town, district or local centre.

The policy supports such proposals provided they have no adverse effect on residential amenity or highway safety, have suitable off or on street parking, a fume extraction system and refuse storage area and where appropriate conditions limit opening hours.

Inspector Edwin Maund noted the site is not in a residential area but located towards the end of a terrace of properties fronting a main thoroughfare through Scunthorpe. This terrace is predominantly formed of commercial premises with homes above and behind the site, facing onto a rear service lane and pay and display car park. A number of restaurants and takeaways are located in the terrace.

The inspector said no evidence had been presented to indicate the use would result in harm to the amenities of neighbouring homes, and he saw a distinct separation between the area’s commercial and residential elements. Parking would also be available in the car park to the rear, or from the road outside the premises. 

Despite not being located in a town, district or local centre, Maund said the development would not cause harm to the residential amenity of local properties. It would be satisfactory in highway terms and with the imposition of conditions would result in an appropriate form of development. 

For these reasons, the appeal was allowed and planning permission granted.

The inspector’s decision – case reference 3247541 – can be read here.

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