Extended opening hours at a pizza takeaway in Isleworth have been approved on appeal, with the local council ordered to pay for costs accrued by the local business as a result of the appeal.
Pegasus Group presented a comprehensive and robust appeal statement and application for costs, on behalf of the appellant Delmon Pizza Ltd, a Domino’s franchisee, after Hounslow Council refused permission to vary opening hours at the store at 558 London Road.
The planning appeal centred around the Council’s refusal to vary condition 3 of the original planning permission for the store. As a result of a previous variation to opening hours, the business could only open from 9am until 10.30pm Monday to Saturday, and from 9am until 10pm on Sundays and Bank Holidays.
The takeaway had applied to alter the opening hours to 9am-5am daily, but the Council of the London Borough of Hounslow rejected the application citing the effect the proposals would have on the living conditions of neighbouring residents in respect of noise, disturbance, anti-social behaviour and crime.
Planning Inspector Chris Baxter allowed the appeal, imposing conditions put forward by Delmon Pizza themselves that include:
- No walk-in customers between the hours of 10.30pm and 5am Monday to Saturday and between 10pm and 5am Sundays and Bank Holidays,
- Between those same hours, all deliveries to and from the premises to be by electric vehicles only.
In awarding costs, the Inspector said that unreasonable behaviour from the Council resulting in unnecessary or wasted expense to the appellant had been demonstrated. He said: “The alleged harm to amenity has not been substantiated other than by means of vague assertion the extended opening hours would be excessive and likely cause disturbance to nearby residents.”
“It appears to me that having regard to the provisions of the development plan, national planning policy and other material consideration, the proposal should reasonably have been permitted. The proposal was capable of being granted planning permission on planning grounds with the imposition of suitable conditions. The refusal of planning permission therefore constitutes unreasonable behaviour contrary to the guidance in the PPG and the appellant has been faced with the unnecessary expense of lodging the appeal.”
David Pickford, of Pegasus Group, said: “We are delighted with the outcome of the appeal and the awarding of costs for Delmon Pizza. It is pleasing that the Inspector agreed with our cases for the appeal and the costs application as it was clear to us that the proposal, subject to the conditions proposed, would not result in harm to the living conditions of neighbouring residents and that the Council had behaved unreasonably when refusing the application”.
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