I am currently in the process of helping a colleague in trying to defend a planning appeal for a hot food takeaway in a small parade of five shops, which is not within an identified centre. There are already two takeaways at the parade, which is located in a residential area. The application was refused on the grounds that it would be contrary to policy by detracting from the vitality and viability of a nearby identified local centre, and because of the cumulative impact another takeaway would have upon the local environment and residents in terms of odours and noise. There are concerns as to whether the justifcation for refusal will be sufficient to defend the appeal successfully. There are already hot food takeaways at the parade so a precedent appears to have been established. In addition, referring to the impact upon the nearby identified local centre could be deemed tenuous as it is a short distance away and the development proposed is small scale. In terms of preparing a defence I can't think of anything beyond the impact upon the local area and residents, and the impact upon the nearby identifed local centre. I've had a good search on google, looking up things such as 'development on unallocated land which impacts upon local centres', but I can't seem to see anything particularly relevant. Having looked at the Committee Report a number of letters appear to have been received from local residents and businesses who objected to the proposal. In my opinion, these should feature prominently in any defence. Does anyone have any suggestions or examples to help in constructing a defence?
