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Sandyford McDonald’s wins an appeal to operate its restaurant until 2.00 a.m.

The planning inspectorate based in Bristol say for the reasons of the appeal conclude it should be allowed, subject to conditions.

The Inspectorate conclude, although the NIA methodology is generally robust, there are

uncertainties and assumptions within its analysis. A 12-month trial would

therefore be appropriate to enable the impacts, and the effectiveness of the

PNMP, to be assessed. The appellant is satisfied with this approach which I

note was suggested by the Environmental Health Officer and Staffordshire

Police. Consequently, there is no conflict with Policy CSP1 of the CSS or the

aims of the Framework.

Conditions

The guidance in the PPG makes it clear that decision notices for the grant of

planning permission under section 73 should repeat the relevant conditions

from the original permission unless they have already been discharged. I also

have power to impose new conditions that I consider to be necessary.

The conditions on the original planning permission have been considered in

light of the advice contained in the PPG. Given the restaurant has been

established for some time, fewer conditions are necessary.

I have therefore granted a new permission, removed the disputed condition,

and replaced it with one that limits the use of the revised opening hours to a

12-month period. I have also imposed a condition requiring operation in

accordance with the Premises Noise Management Plan, which includes limiting

the volume of the COD system. These conditions are necessary to ensure the

restaurant is managed in accordance with the terms of the application, to

protect the living conditions of nearby residents.

SCHEDULE OF CONDITIONS ARE AS FOLLOWS

1) The premises shall not be used for the serving of food or drink either to

visiting members of the public or by means of a home delivery service

between 0200 hours and 0700 hours on any day for a limited period of one

calendar year. This limited period must be commenced within three years of

the date of this decision and the applicant must provide the local planning

authority with written notification of the start and end date 10 days prior to

first commencement. Thereafter, the premises shall not be used for the

serving of food or drink to visiting members of the public or by means of a

home delivery service between 2300 hours and 0700 hours on any day.

2) Deliveries shall only be taken or dispatched from the site between 0800

hours and 1900 hours Mondays to Saturdays. There shall be no deliveries

taken or dispatched from the site at any time on Sundays, Bank or Public

Holidays.

3) The car parking area and cycle parking facilities as laid out shall not be used

for any purpose other than the parking of vehicles and cycles.

4) The servicing area as laid out shall not be used for any purpose other than

for servicing.

5) The premises shall operate in complete accordance with the

recommendations made within Appendix C of the (Premises Noise

Management Plan) of the submitted Noise Impact Assessment, (Savills (UK)

Limited: McDonald’s, Tunstall #1021 Noise Impact Assessment: Report No.

14-0167-85 R01 Dated 27 June 2022).