Kenmow Ltd, Shaw - Condition restricted hours of opening


The premises are located directly adjacent to the Metrolink platform that links Rochdale to Manchester.  Planning permission was granted to convert part of the  industrial unit into a retail unit.  The Council imposed planning conditions that restricted the hours of use to 07:00 to 18:00 each day and also required the door openings shall be kept closed at all times except for access or egress.  Due to late night trams operating the appellant required longer opening hours.

A planning application was subsequently sought to remove the conditions as it was considered that they were not reasonable or necessary.  The Council disagreed and refused consent.

The Inspector was mindful that there was a residential property nearby as well as commercial operations that operated 24/7.  The Inspector agreed that the Council's opening hours were unreasonable and imposed a condition that allowed the retail unit to operate between 07:00 to 22:00 every day.