1391-1393 London Road, Norbury (adult gaming centre)

appeal 6010189·Croydon·14 September 2026allowed
Decision
allowed, 14 September 2026
Decided by
Planning Inspector: S Burch
Authority
Croydon (London)
Appeal reference
6010189
Application reference
26/00641/FUL
Procedure
written representations
Development
Change of use of vacant ground-floor Class E unit (former bank) to 24-hour adult gaming centre (sui generis)
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
P3
Development plan policies
Croydon Local Plan 2018 DM4.2, DM10, DM23, London Plan 2021 D13, D14
Main issues
living conditions noise at night

Summary

Change of use of a vacant former bank in Norbury District Centre to a 24-hour adult gaming centre (Merkur Slots). Croydon refused permission on night-time noise from the opening hours alone. The appeal was allowed: a site-specific noise impact assessment and an operational management plan showed that the flats above and nearby residents would not be harmed, and the council could not say what difference closing at 1am would make.

Issues and findings

Planning balance

This was a development-plan decision. There was compliance on noise, and the council itself accepted the frontage conflict given the marketing. The PSED and Article 9 were considered, and objections about nearby places of worship and schools did not change the outcome (DL ¶44 onward).

What made the difference

The evidence. Compare Ruislip (PINS-6011516, dismissed four days later on the same kind of 24-hour gaming use): here there was a site-specific noise impact assessment with a night-time baseline, an agreed internal noise criterion (NR20), a management plan secured by condition, no objection from environmental health, and existing late-night premises nearby. Ruislip had none of these.

Transferable points

Policy findings

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

PolicyFindingWeightNote
DM23 (Croydon LP) / D13, D14 (London Plan)accordsite-specific NIA (NR20 internal criterion, 2-3am external baseline survey, BS8233, WHO 60 dBA smoking area) plus operational management plan; council did not show a material difference between 1am and 24-hour closing (DL 10-27)
DM4.2 (Croydon LP)conflictlimitedloss of retail unit in Secondary Retail Frontage; outweighed because unit marketed for Class E for over 18 months without success, and the AGC generates footfall (DL 28-32)
P3passFramework consulted on (DL 4) but the decision rests on development plan noise policies; no Framework policy cited expressly

Key facts

Related decisions

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.