Pub conversion to be allowing after Darwen decision overturned

A former pub in Darwen, vacant since 2020, is set to be converted into a convenience store and first-floor flat after a government planning inspector overturned the council’s refusal of the project. Blackburn with Darwen Council had rejected the planning application in May 2023, citing concerns over road safety, parking, and anti-social behaviour. However, property owner Umer Zubair’s appeal was successful, and the development will now proceed.

Council’s Initial Refusal and Public Concerns

The planning application sought permission to convert The Swan pub on Bolton Road into a ground-floor retail unit with a three-bedroom apartment above for Mr. Zubair’s personal use. However, the council rejected the proposal due to:

• Concerns over parking and deliveries, stating that off-street servicing provisions were inadequate, leading to potential road safety hazards.
• Objections from local residents, who feared the development could increase anti-social behaviour and create traffic congestion.
• The argument that the store was not located within an existing group of local shops, making its need questionable.

In its May decision notice, the council stated:

“The site has inadequate off-street servicing provisions, which would result in deliveries being conducted from the public highway network. This could prejudice road safety and the efficient movement of highway users.”

Government Inspector Overturns Council’s Decision

After Mr. Zubair lodged an appeal in September, the case was reviewed by a government planning inspector, who ruled in his favour. The inspector dismissed the council’s concerns, stating:

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“Given the scale of the proposed convenience store, there is no compelling evidence that delivery vehicles would cause significant harm to road safety or traffic efficiency.”

The inspector also highlighted that:

• The location falls within the Bolton Road, Whitehall, local centre, making the store a suitable addition to the area.
• The availability of nearby parking and bus stops means the project does not pose a serious road safety risk.
• The council failed to provide sufficient evidence to justify its objections.

As a result, the appeal was approved, and the council was ordered to cover Mr. Zubair’s full costs due to its unreasonable refusal of the application.

Developer’s Response to the Decision

Following the successful appeal, Mr. Zubair expressed his delight at the ruling. His agent, Nazia Shah of Urban Future Planning Consultancy, confirmed:

“Our client has now been awarded full costs, and the development will go ahead. He is over the moon.”

Council’s Reaction to the Overturned Decision

Despite the setback, Blackburn with Darwen Council stood by its original objections. A spokesperson for the council said:

“It is disappointing that, despite objections from residents and our concerns over highway safety, the Planning Inspectorate has overturned our decision.”

With the government inspector’s ruling, the conversion of The Swan pub into a convenience store and residential flat is now set to proceed. While the council and some residents opposed the project, the appeal decision confirms that the development aligns with local planning policies and does not pose a significant safety risk. The ruling also serves as a reminder to councils to ensure their objections are backed by solid evidence to avoid costly appeals.

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