- Decision
- split, 16 September 2026
- Decided by
- Planning Inspector: Jonathan Price
- Authority
- Southend-on-Sea (East of England)
- Appeal reference
- 6012017
- Application reference
- 26/00269/FUL
- Procedure
- written representations
- Development
- s73 variation of convenience store opening hours (to 07.00-22.30) and retrospective external roller shutters
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6)
- Development plan policies
- Southend Core Strategy 2007 KP2, CP4, DM Document 2015 DM1, DM3, Design and Townscape Guide 2009
- Main issues
- neighbour noise and disturbance; character and appearance
Summary
A split decision. Extended convenience-store hours were allowed, having been scaled back from an earlier refused request. Retained solid roller shutters were dismissed, following a previous appeal. The 2026 Framework "makes substantial amendments" but its "policies over design and noise remain generally consistent", so there was no consultation (DL ¶2).
What made the difference
Previous appeal decisions were given significant weight. The hours were cut back enough to avoid unsociable times.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM1 / DM3 (Southend DMD) | accord | reduced hours extension avoids unsociable hours; store viability benefits "tip the balance" (DL 6-8) | |
| KP2 (Southend CS) | conflict | solid roller shutters on Rochester Drive frontage — dead frontage; previous appeal decision given significant weight (DL 9-10) |
Key facts
- Earlier appeals dismissed on 06.00-23.00 hours (APP/D1590/W/25/3374767) and on shutters (APP/D1590/W/25/3369669) (DL 3-4)
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.