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Planning Appeal Success; Extension of Opening Hours until 3am Allowed

Marketing / 5 Jan, 18

Prior to the end of 2017, our planning team obtained a notable planning appeal success at a commercial property in Canterbury, on behalf of Atwal Investments Ltd.

Our planning team were appointed following refusal of planning permission to extend the opening hours of a food premises from 11:00hrs to 23:30hrs daily, to 10:30hrs to 01:00hrs Monday to Thursday, and 10:30hrs to 03:00hrs Friday to Sunday. We worked in collaboration with Cole Jarman Limited.

We prepared an Appeal Statement of Case which demonstrated that the extended hours would not give rise to an unacceptable degree of noise and disturbance late at night. The plans were in accordance with Saved Development Plan policies, Emerging Local Plan policies, national planning policy and licencing controls, and the proposal constituted sustainable development which would not cause significant detriment to the amenities of nearby residential properties.

The Planning Inspector concluded that “…the proposed extension of opening hours for hot food deliveries would not harm the living conditions of occupiers of neighbouring properties by reason of noise and disturbance.”

Owen Pike, head of our planning team, commented, “Our knowledge of the Licensing Act 2003 and Guidance from the Secretary of State for the Department of Culture, Media and Sport (DCMS) as well as Canterbury City Council’s licencing policy enabled us to secure a positive outcome for our client. We were able to argue that the Licensing Authority was better placed to assess the impact on public nuisance than the Planning Authority and that controls imposed by the Licensing Authority were sufficient to prevent demonstrable harm being caused to the general amenity of the area.” (CLICK HERE FOR LINK TO APPEAL DECISION)

Using a similar supporting case, our planning team has subsequently submitted a similar planning application at a commercial property in Leeds. For more information on how we might be able to assist your business in extending its operational hours, please contact Owen Pike on 0117 338 1813 or owen.pike@sw.co.uk.

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