The existing building was a single storey commercial unit, forming part of an established retail frontage that had been operating as a beauty salon although originally was a general retail unit.
The site was located within a wider, established mixed-use area however there were numerous residential properties in close proximity. In addition, a secondary school was located a short distance from the proposed takeaway, with the local policies having restrictions relating to the location and number of takeaway premises within 400m of such a school.
While the lawful use of the property was Sui Generis, planning permission was required for a change of use even though the proposed use was also Sui Generis, even though our client had initially received conflicting advice from the local planning authority.
Plande successfully argued in relation to the noise, late-night use and that the location of the proposed takeaway, in relation to neighbouring amenity and the secondary school were all acceptable.