# 290 Prince Avenue, Westcliff-on-Sea

- **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
- **Tags:** tier-2, conditions-appeal, retrospective, transitional-no-consultation, limited-nppf-engagement

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6012017
- https://appeal-planning-decision.service.gov.uk/published-document/f6ad946d-5a46-4ec7-8bbf-076d39d29789

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6012017.html

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