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24/05/2019

Appeals round-up: Waitrose rear entrance must stay open despite crime concerns; Paragraph 79 home 'not isolated' under Braintree ruling

Words: Matt Moody
Planning appeals

A round-up of planning appeals: 18 May-24 May, 2019

Waitrose rear entrance must stay open despite crime concerns

An application by a north London branch of Waitrose to combat shoplifting by permanently closing its rear entrance has been rejected by an inspector, who found the scheme would harm the street's designated shopping frontage.

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Paragraph 79 home 'not isolated' under Braintree ruling

Plans for a new home in Somerset submitted in 2016 under what is now NPPF paragraph 55 did not accord with a 2017 Court of Appeal ruling on the meaning of the word 'isolated', an inspector has ruled.

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'Mundane' brownfield scheme's design ignores local context

An inspector has blocked plans for three retail units in Crewe for their 'basic, overly functional and mundane' design, noting that the attached outline application for 53 homes could be brought forward separately.

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Appellant’s evidence of affordable housing need ruled ‘out of date’

An inspector has refused plans for a rural exception development in Rutland, ruling that the appellant’s evidence of an identified need for affordable housing dating from 2007 was too old.

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Invalid action against Dagenham shisha lounge quashed

An inspector has quashed an enforcement notice against an alleged sui generis shisha lounge use in Dagenham, after finding that the premises were actually in a mixed use as a shisha lounge and billiards hall.

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500-capacity bar allowed despite Leeds crime concerns

In a ‘finely balanced’ decision, an inspector has approved plans for a 500-capacity bar in Headingley, Leeds, despite accepting that the scheme would be a ‘retrograde step’ in attempts to control alcohol-related disorder in the area.

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66-home scheme is ‘the wrong development in the wrong place’

An inspector has blocked plans for 66 homes near Northampton despite the council’s ‘clear and significant’ housing supply shortfall, referring to the appeal site’s ‘very limited functional links’ with the town.

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'Distinctive' building would be 'visually swamped' by care home plans

A reporter has blocked plans to convert an attractive house in St Andrews into a 40-bed care home by building two large extensions in its gardens, finding unacceptable harm to the existing building and the wider conservation area.

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Landlord criticises ‘crude’ Oxford HMO policy

A homeowner in Oxford has been refused retrospective permission to convert his property into an HMO, despite his claims that local HMO policy was aimed at students, and ‘working professional housing’ such as his should be treated differently.

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