Takeaway allowed to open for after school trade

An inspector varied a condition to allow extended opening hours at a hot food takeaway in close proximity to a primary school in Greater Manchester.

The condition prevented the takeaway from opening between 15.00 and 17.30 on Monday to Friday and had been imposed to restrict the sale of unhealthy food within 400 metres of a school, in accordance with the council’s supplementary planning guidance.

The inspector noted a policy exception in the supplementary planning document for proposals within district centres designated in the local plan and a recent appeal decision in which the parties had agreed the locality had been subsumed within an expanding district shopping centre. On this basis, and observing two other existing hot food takeaways nearer to the school trading without restriction on their opening hours, the inspector was not persuaded that the appeal premises would significantly increase the availability of unhealthy food to children at the school and allowed the appeal.

Inspector: Thomas Hatfield; Written representations

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