Appeal 6003107

The appeal is allowed and planning permission is granted for retrospective planning application for the business use of a shed located within the curtilage of a domestic property at [site address] , Dalton, Rotherham [postcode] in accordance with the terms of the application, Ref RB2025/1293, and the plans submitted with it, subject to the conditions in the attached schedule.

The works as described in the above banner heading has already taken place onsite. This appeal has therefore been assessed on a retrospective basis.

The main issue of the appeal is the effect of the development on residential amenity due to the comings and goings of customers.

The appeal site relates to [site address] located within a residential area at Dalton. There are a number of outbuildings/garages on site at the property. The outbuilding closest to the front elevation of the property serves as a small bakery business and the development seeks retrospective planning permission to retain its use.

The outbuilding is small in size with a door to the rear elevation and window to the side with steps. It is my understanding that the outbuilding is used for small scale cake production and associated administrative tasks. The business notifies customers that their order is ready and this will be collected from the site within the daytime opening hours specified Tuesday-Saturday.

The site is allocated for residential purposes in the Council’s Local Plan, 2018 (LP). Policy SP11 relates to development in residential areas with the supporting text explaining that certain non-residential uses will be allowed in residential areas where they are ancillary and complementary to the main residential use. Such uses could include proposals for convenience shops serving the local area only, social and community facilities, public houses, amenity and local recreational open space. It goes onto explain that residential areas are generally considered to be suitable locations for Use Class B1 employment uses, development proposals will be resisted if the scale of the building and the intensity of use, particularly traffic movements, are detrimental to the appearance and character of the residential area.

The proposals relate to a small-scale home-based bakery business for a sole trader which is the appellant, and I have had due regard to the sequential information provided whereby it is accepted that the search and availability of suitable alternative sites would be limited. The business serves a very local customer base where customers collect orders when ready. Whilst this creates some trips either on foot or by vehicle, the nature of the business means that visits are very brief and low impact with many being local. The number of visitors could indeed be controlled by condition to ensure the low scale activity associated with the site and a record of customer trips could also be conditioned to review compliance as and when needed. The appellant has confirmed that they do not rely on passing trade/footfall such as a fully functioning shop and there is no associated retail frontage. Given that a condition could ensure no walk-in retail activity, then I am satisfied that the number of comings and goings would be on an appointment only basis and be limited throughout the day likely only lasting a few minutes each visit.

In addition to the above, I have also had due regard to the location of the outbuilding which is located to the western side of the property where there is a degree of separation between nearby neighbouring properties, some of which are also separated by the main roads. This further reduces any amenity impacts associated with noise, but I have also attached conditions relating to sound attenuation and fixed plant. On this basis, I am satisfied that residential amenity can be safeguarded.

Overall, I find that the use is compatible within a residential setting serving a local customer base. The limited scale of the business does not give rise to noise/disturbance impacts outside typical domestic thresholds.

The Council’s Environmental Health Officer has been consulted on this scheme and has confirmed that subject to conditions, they do not believe that the activity will cause a significant adverse impact on local amenity and I have no reason to disagree.

Subject to conditions relating to hours of operation, appointment only collections, limits on customer numbers, record keeping as well as sound attenuation and fixed plant conditions then I find that the development would not unacceptably harm surrounding residential amenity. It therefore complies with Policy SP11 of the LP and paragraph 131 of the National Planning Policy Framework which relates to achieving well-designed places.

I acknowledge third party concerns regarding traffic. However, off street parking is being provided and it is likely that most people visiting would be local anyway. Visits would be brief and limited throughout the day on an appointment only basis. [address] is a wide road so vehicles parked on the carriageway, are unlikely to be interfering with the free and safe flow of traffic. The Council’s Highway’s Officer has been consulted on the scheme and has provided no objection of granting permission in a highway context. Based on the above, I have no reason to disagree. There may be a similar business nearby, but this would not alter my findings on the scheme I am considering which I have assessed on its own merits.

I have considered the Council’s suggested planning conditions in light of the Framework and Planning Practice Guidance. As a result, I have amended these where necessary for clarity. A plans condition is necessary to define the permission and for the avoidance of doubt. Conditions relating to the use of the building, operation hours, customer visits and record keeping, sound attenuation and fixed plant etc are all necessary to safeguard the amenity of the occupiers of nearby properties and in the interests of highway safety.

For the reasons given above and having had regard to the development plan as a whole, the appeal is allowed, and planning permission is given subject to the attached conditions.

The permission hereby granted shall relate to the area shown outlined in red on the approved location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans: Location Plan (1:1250); [name] and Elevations (1:50); Block/Site Plan (1:500).

The outbuilding shall only be used for the small-scale preparation, packaging and baking of sweet baked goods and confectionary. No other industrial uses shall take place on the premises.

Operations shall only take place at the outbuilding between the hours of 10:00 and 18:00 Tuesdays to Saturdays. The premises shall only be open to customers between the hours of 10:00 and 18:00 Tuesdays to Saturdays.

The business hereby permitted shall operate on an appointment-only basis at all times the premises are open to the public. No walk-in customers shall be permitted.

There shall be no more than 8 separate customer visits to the premises per day. This shall be for the purpose of collecting pre-ordered goods only on an appointment basis. Records shall be kept of all customer visits to the premises including customer name, date and time of visit and goods purchased. This record shall be made available to the Local Planning Authority promptly upon request. Records shall be kept for a minimum of 12 months.

All windows and doors to the outbuilding shall remain closed whilst noise making equipment such as food mixers, blenders, electric whisks etc are in use.

No noise generating fixed plant including commercial mechanical ventilation, air conditioning / refrigeration compressor units or extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014+A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a maximum cumulative plant [name] of no more than 3dB(A) below the prevailing background levels, outside the boundary of the nearest noise sensitive property. All noise assessments should be carried out by a competent person. End of schedule