Enforcement relating to a change of use from shop to cafe/takeaway
Property/Background – Commercial – Change of use from shop to cafe/takeaway.The proprietor had previously obtained a two-year temporary consent for the change of use of a vacant shop to a café and he was seeking permanent consent.
Location – Derby Street, Bolton
Council – Bolton Council
Date – June 2017
Reason for refusal – Bolton Council refused to grant consent as in their opinion, the presence of our client’s business had a harmful effect on the living conditions of the occupiers of nearby residential properties.
What we did – In our appeal statement, we successfully questioned the quality of the evidence put forward by the Council, and were able to demonstrate that our client’s business was in fact suitably located, had operated for two years without any complaints and brought about significant benefits including job creation and promoting consumer choice!
Result – The Inspector in granting planning permission concluded: “The appeal premises are located within a district center and adjacent to a busy main road. I saw when I visited the site that Derby Street carries a large volume of traffic and that the background noise level in the area is higher than would be the case in a residential area. Although I am mindful that this only represents a snapshot of the traffic volumes and noise levels, due to the main road nature of Derby Street traffic is likely to be present at most times of the day and in the evenings. The short term parking spaces outside number 388 Derby Street can also be used at any time of day. Similarly, I saw that within the wider area that there are a number of other uses that operate in the evening and, as a result, pedestrian movements through the area will be higher than in a purely residential area.”
The appeal decision can be read here.