Casebook: Appeal case - Leisure and entertainment - Casino wins permission despite amenity fears

Alterations and extensions to a bingo club in the West Midlands to create a casino and the variation of a condition to allow opening until 6am have been allowed following a ruling that they would not harm neighbours' amenities and parking would be adequate.

The inspector found that noise and disturbance would mainly result from people entering and leaving the casino and the car park. He noted that the appellants' noise survey showed that noise generated by people and vehicles leaving the premises in the early hours would be indistinguishable from background noise from the M5 and other nearby roads. He found that the nearest homes would be separated from the casino by a busy dual carriageway.

He observed that the opening hours of the bingo club would remain unchanged and only the casino would operate until 6am. Since the council had provided no detailed or technical evidence on residential amenity and did not dispute the findings of the appellants' consultants, he could see no reason why the operating hours condition should not be amended.

On the parking issue, the inspector decided that the proposal would improve the existing situation by creating additional capacity for the bingo club and the casino. He held that there was little justification for rejecting the proposal on the grounds of inadequate parking provision.

DCS No: 100039458; Inspector: Stephen Pratt; Written representations.

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