An Appeal Decision Worth Waiting For ?
Eight and a half months after it was first submitted, the Planning Inspectorate have just allowed permission for a hot food take away to extend its opening hours which has made a nice, if somewhat belated Christmas present for our client.
The appeal referred to a hot foot takeaway located within a local shopping parade in Redcar comprising a mix of units, including another hot food takeaway, a number of which open later into the evenings.
Planning permission was originally granted for the change of use of the property to a hot food takeaway with opening hours restricted to 9.00 am to 7.00 pm hours Monday to Saturday and closed on Sundays. Subsequently, temporary planning permission was granted on three separate occasions since 2009 allowing the premises to open until 10.00 pm every day. The temporary nature of the permissions was in order to allow continued monitoring by Redcar & Cleveland Borough Council of the impact of the later opening of the premises.
As far as we are aware no issues arose and in January 2013 our client applied for a permanent permission that would allow the takeaway to open until 11.00 pm each day. However, the application was refused by the Council’s Planning Committee and we were engaged to submit an appeal to The Planning Inspectorate contesting the Council’s decision. During the appeal process we were asked to consider a condition the Inspector was considering whereby the takeaway would close at 10.00 pm on Sundays, bringing the closing times of our client’s takeaway in line with that of the other takeaway within the shopping parade. We advised our client to accept the compromise suggested by the Planning Inspector and we believe that this helped in the successful outcome of the appeal.
Our client is over the moon with the decision, which has arrived just in time for the busy festive season.
As a side note, the appeal highlights the generally appalling situation in the Planning Inspectorate with speed of decision making lagging way behind where it should be for such an important institution. We hope that Father Christmas brings them some additional resources in the New Year to improve the current situation!