I have been notified today that the application to remove condition 13 (to allow 24 hr opening) has been refused by the Council. The reasons given are as follows:
The Local Planning Authority considers that that opening of the A1 unit, with the increased floor space and convenience provision, 24 hours will result in a noticeable increase in vehicular and pedestrian movements of customers throughout the night resulting in a level of noise and nuisance detrimental to the amenity of the occupants of surrounding residential properties. As such, the 24 hour opening would be contrary to policy GP5 of the saved Leeds Unitary Development Plan Review (2006).
In coming to a decision on this application the case officer has sought to work positively with the applicant/agent in accordance with paragraph 186 and 187 of the National Planning Policy Framework but the application has been refused as 24 hour opening will be detrimental to residential amenity.The link below will take you to the documents available and if you want to read the whole report click on the “Decision” and then the “Report” documents.
The applicants do of course have the right of appeal and must appeal within 6 months of the date of the refusal notice. If an appeal is lodged I will keep you advised.