Contec House, East Street, Farnham (takeaway opening hours)

appeal 6005594·Waverley·24 September 2026dismissed
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

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

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
P3faillate-night customer and delivery noise in a sensitive location opposite housing; "matters of considerable importance" (DL 6-10, 17-18, 22)
DM6failcondition requiring the Late-Night Delivery Driver Policy ("gently", "smooth", "careful") not precise or enforceable (DL 8, 18)
HC5passno evidence of nearby schools or an over-concentration of takeaways (DL 16)
E2benefitsubstantialE2(1) substantial weight to allowing the business to invest, expand or adapt (DL 21); no evidence jobs at risk (DL 13)
S4failinside settlement; benefits substantially outweighed (DL 20, 23)

Key facts

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.