# 44 South Street, Romford

- **Decision:** dismissed, 28 August 2026
- **Decided by:** Planning Inspector: R Dickson
- **Authority:** Havering (London)
- **Appeal reference:** 6009193
- **Application reference:** J0004.26
- **Procedure:** written-representations
- **Development:** Class MA prior approval — upper-floor retail storage to 2 x 1-bed flats
- **Homes:** 2
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** GPDO Class MA.2(2)(d), P4
- **Main issues:** Class MA noise from commercial premises
- **Tags:** tier-2, prior-approval, class-ma, noise, agent-of-change

## Summary
Class MA prior approval for two flats above a Romford shop was refused on the MA.2(2)(d) noise criterion. The noise survey covered only a single weekday, next to a leisure park and a kebab shop, so it was not robust (DL ¶11). The revised Framework was "broadly consistent" and was applied only so far as relevant to noise (DL ¶¶2, 6).

## What made the difference
The survey period was unrepresentative, and the consultant's own recommendation for a further ventilation and overheating assessment left the mitigation's adequacy uncertain (DL ¶12).

## Policy findings
- **GPDO Class MA.2(2)(d): fail.** 24-hour weekday noise survey unrepresentative of weekend activity at The Brewery leisure park and adjacent kebab shop plant (DL 9-13)
- **P3(2)(a): fail.** Framework had regard to only as relevant to noise (W.10(b)) (DL 6)

## Key facts
- Backs onto Exchange Street service route and The Brewery retail/leisure park
- Noise report itself recommended a further Level 2 ventilation/overheating assessment

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/e5b593d8-a78f-4b41-9f97-c67884080f6b
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009193

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009193.html

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