CASEBOOK: Appeal Cases; Food and drink uses - Costs awarded to appellant over take-away refusal

In varying a condition imposed on a planning permission for the use of premises in south London as a restaurant to allow take-away sales, an inspector has ruled that occupiers living above such premises could not expect to enjoy the same level of peace and quiet as residents living in predominantly residential areas.

The inspector found no evidence to suggest that varying the condition would lead to an increase in anti-social behaviour. He awarded costs in favour of the appellant, ruling that the council's objection based on the impact of take-away facilities on anti-social behaviour was unfounded and was not supported by convincing evidence.

DCS No: 47796187; Inspector: Chris Wareham; Hearing.

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