Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, SWINDON, SN5 5DP
Swindon Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 28 February 2025
- Authority
- Swindon Borough Council
- Inspector
- Robinson N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr T Doka
- LPA reference
- S/24/0883/JAAB
- ONS LPA code
- E06000030
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 November 2024
Summary AI
The appeal was dismissed due to the proposed car wash's impact on the character and appearance of the area, conflicting with Policy DE1 of the Swindon Borough Local Plan. The proposal was considered to be visually intrusive and prominent in public views.
PDF text
Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, SWINDON, SN5 5DP — Swindon Borough Council — Appeal Decision Site visit made on 24 February 2025 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 28 February 2025 Appeal Ref: APP/U3935/W/24/3354314 Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, Swindon SN5 5DP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr T Doka against the decision of Swindon Borough Council. • The application Ref is S/24/0883/JAAB. • The development proposed is change of use from car park to car wash incorporating erection of 2no.canopies and storeroom. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposal on the character and appearance of the area. Reasons 3. The appeal site comprises part of an established car park associated with the Hongxin Oriental Buffet restaurant. Mead Way, a busy highway, is elevated above the car park to the east of the site, from which there are clear views of the site, in particular when the trees which line the grass verge separating the car park and the highway are not in leaf.
Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, SWINDON, SN5 5DP — Swindon Borough Council — Appeal Decision Within the car park, parking areas are separated by lines of ornate hedges, resulting in an orderly appearance to the immediate surrounding area. 4. The appeal proposal seeks to change the use of part of the car park to a car wash. The proposed storeroom and canopies would have a utilitarian appearance and, along with any associated paraphernalia, would appear cluttered against the backdrop of the restaurant and car park, appearing incongruous within the immediate site setting. The proposal would also be highly visible from Mead Way, appearing visually intrusive and prominent in public views. For these reasons I find that the proposal would detract from the appeal site and the street scene. These observations are consistent with the findings of the Inspector in an appeal for the change of use to a car wash at the same site1. 5. I note that planning permission has been granted for a car wash on the opposite side of the car park2. However, that location is not highly visible from Mead Way. Thus, if implemented, it would be less intrusive and prominent in public views and therefore less harmful to the character and appearance of the area.
Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, SWINDON, SN5 5DP — Swindon Borough Council — Appeal Decision 1 APP/U3935/A/13/2210055 2 Application reference S/23/0642/RACH https://www.gov.uk/planning-inspectorate
Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, SWINDON, SN5 5DP — Swindon Borough Council — Appeal Decision 1 APP/U3935/A/13/2210055 2 Application reference S/23/0642/RACH https://www.gov.uk/planning-inspectorate Appeal Decision APP/U3935/W/24/3354314 6. For the above reasons the proposal would result in harm to the established character and appearance of the area. Conflict therefore arises with those aims of Policy DE1 of the Swindon Borough Local Plan (2015) which requires high standards of design for all types of development. Other Matters 7. The Council raised no objections to the proposal on grounds of noise disturbance and based on the information before me, I see no reason to take a different view. Nonetheless, compliance with the relevant development plan policies is required in any case. Therefore, this is not a matter which weighs in favour of the proposal. Conclusion 8. For the reasons given above the appeal should be dismissed.
Hongxin Oriental Buffet, Pepperbox Hill, Peatmoor, SWINDON, SN5 5DP — Swindon Borough Council — N Robinson INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶4
The car wash would detract from the appeal site and the street scene, appearing incongruous and visually intrusive.
Character and appearance Against appellant ¶5
Even if implemented, the car wash at the opposite side of the car park would be less intrusive and prominent in public views, and therefore less harmful to the character and appearance of the area.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DE1 of the Swindon Borough Local Plan (2015) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 28 February 2025 under the Open Government Licence.