- Decision
- dismissed, 24 September 2026
- Decided by
- Planning Inspector: D Ellis
- Authority
- Waverley (South East)
- Appeal reference
- 6005594
- Application reference
- WA/2025/01751
- Procedure
- written representations
- Development
- Section 73 variation of opening-hours condition on a hot food takeaway to 1000-0200 (Sun-Thu) and 1000-0300 (Fri-Sat), deliveries only after midnight
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- P3, S4
- Development plan policies
- Waverley Local Plan Part 1 2018 TD1, Waverley Local Plan Part 2 2023 DM1, Farnham Neighbourhood Plan 2020 FNP1
- Main issues
- living conditions; noise and disturbance
Summary
A Farnham takeaway sought to vary its opening-hours condition to trade until midnight and then deliver until 0200 or 0300. The inspector found that late-night customers and delivery vehicles would cause unacceptable noise for nearby residents, contrary to P3, and that the operator's delivery-driver policy could not be conditioned. Substantial E2 weight to the business benefit was substantially outweighed under S4. Dismissed.
Issues and findings
- Transition. "The appellant and the Council have had the opportunity to comment on the new Framework" (DL ¶2).
- Noise, P3: FAIL. "The later opening and operating hours would therefore result in a significant likelihood of increased disturbance at unsocial hours when most nearby residents would be sleeping" (DL ¶10). "the proposal would conflict with Policy P3 of the Framework" (DL ¶18).
- Conditions, DM6. Measures such as closing doors "gently" are not "sufficiently precise or enforceable" (DL ¶8).
- Licensing. "Whereas there might not be a statutory nuisance under environmental health legislation, it does not follow that the impacts would be acceptable in planning terms" (DL ¶12).
- HC5: no conflict (DL ¶16).
- E2 benefit. "I afford substantial weight to the economic benefits of the scheme in accordance with Paragraph 1 of Policy E2 of the Framework" (DL ¶21).
Planning balance
S4(1). Substantial economic weight against P3 harm described as "matters of considerable importance" (DL ¶22). The inspector first says the benefits "would not outweigh the harm", then concludes they "would be substantially outweighed by the adverse effects" (DL ¶23). Conclusion framed plan-led (DL ¶24).
What made the difference
Residential neighbours across the road, and an operator's noise code that could not be enforced. Trial periods without complaints and a premises licence did not help. Evidence that the business was at risk might have added weight to the benefit side, but none was produced.
Transferable points
- E2(1) substantial weight to a business's ability to adapt does not overcome unacceptable night-time noise under P3 (DL ¶21–23).
- A premises licence and no Environmental Health objection do not settle planning acceptability (DL ¶12).
- Operator codes using words like "gently" or "careful" fail the precision test for conditions (DL ¶8).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3 | fail | late-night customer and delivery noise in a sensitive location opposite housing; "matters of considerable importance" (DL 6-10, 17-18, 22) | |
| DM6 | fail | condition requiring the Late-Night Delivery Driver Policy ("gently", "smooth", "careful") not precise or enforceable (DL 8, 18) | |
| HC5 | pass | no evidence of nearby schools or an over-concentration of takeaways (DL 16) | |
| E2 | benefit | substantial | E2(1) substantial weight to allowing the business to invest, expand or adapt (DL 21); no evidence jobs at risk (DL 13) |
| S4 | fail | inside settlement; benefits substantially outweighed (DL 20, 23) |
Key facts
- Takeaway in Romans Business Park; housing opposite on East Street and to the west (DL 6)
- Existing condition allows 0800-2300 Mon-Sat and 0900-2230 Sun (DL header)
- Three trial late-opening periods in April 2025 with no complaints; not a justification for permanent hours (DL 11)
- Premises licence granted and no Environmental Health objection; planning is a separate regime (DL 12)
- Andover and Basingstoke outlets not comparable (DL 14)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.