70 London Road, Grays

appeal 6010223·Thurrock·23 September 2026dismissed
Decision
dismissed, 23 September 2026
Decided by
Planning Inspector: S F Barnes
Authority
Thurrock (East of England)
Appeal reference
6010223
Application reference
25/01093/CV
Procedure
written representations
Development
s73 variation of opening-hours condition for a local shop (08:00-22:00 to 07:00-23:00)
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
P3, S4(1)
Development plan policies
Thurrock Core Strategy 2015 PMD1
Main issues
living conditions - noise

Summary

Extending a Grays local shop's customer hours by one hour at each end of the day. Dismissed, because of night-time noise from the adjoining customer car park. Under S4, E2 economic benefits carried only limited weight because of the small scale and no evidence of need. The P3 noise harm carried significant weight and "substantially outweighed" the benefits (DL ¶15-16).

What made the difference

The noise evidence was weak: averaged levels, with no assessment of intermittent car-park events. The harm also mapped onto a Framework decision-making policy, P3. E2's "substantial weight" is applied to the size of the actual benefit, which here was small.

Policy findings

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

PolicyFindingWeightNote
P3failsignificantnight-time car park noise next to habitable-room windows; noise assessment used averages and ignored intermittent events (DL 8-9, 16)
E2benefitlimitedsubstantial weight in principle but no evidence the business needs the hours; small scale (DL 15)
S4(1)failbenefits substantially outweighed (DL 16)

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.