Planning House are delighted to have secured an allowed appeal where planning permission has been granted the inclusion of a hot food takeaway into an existing restaurant.
Our site is located close to a busy traffic signalised junction in Royton. There are pedestrian guardrails close to the edge of the footpath along most of the Road from the zebra crossing to the signalised junction. A short section of the frontage outside the appeal property is not protected by guardrails, however, a large
pole mounted highway camera occupies part of the gap. Traffic Regulation Orders (TRO’s) restrict parking along Rochdale Road with double yellow lines to both sides including in front of the application site.
The Council refused the application prior to our involvement on the basis that the takeaway use would lead to customers illegally parking on the busy high street which would prejudice to highway safety.
The Planning Inspector agreed with our submission that accessible and convenient car parking was available nearby; that the Council did not provide substantial evidence to support their claim that the use would lead to highway safety issues; and that the even if takeaway customers ignore the on-street parking restrictions and risk parking on the double yellow lines, such restrictions should be enforced by the relevant authorities.
This is a much welcomed decision for our clients who have on our advice been operating a takeaway service in accordance with the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 which, in response to the Coronavirus pandemic, permits restaurants and drinking establishments to temporarily provide a takeaway service. Therefore whilst there has been a delay in securing the use due to the Councils unsubstantiated refused the operators have still been able to operate during the pandemic.
Knowing your options should you find yourself in a situation where your planning application has been refused will allow you to make informed decisions on how to proceed, take a look at our Blog – Know your options if your planning application is refused.
There’s nothing more frustrating than having an application denied. If that’s the situation you’ve found yourself in, our Appeals Ebook covers everything you need to know.