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Planning appeal decision

Notice varied and upheld28 March 20253319503

96-98 West Road, Shoeburyness, Essex, SS0 8NU

Planning appeal 3319503 at 96-98 West Road, Shoeburyness, Essex, SS0 8NU (Southend-on-Sea City Council) was allowed in part (a split decision) on 28 March 2025 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: The effect of the extraction equipment on the living conditions of neighbouring residential occupiers located on West Road, with particular regard to noise, disturbance, vibration, odour and fumes.

without planning permission, the installation of an extraction flue to the rear

Authority
Southend-on-Sea City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Major retail and services
Inspector
Satheesan R
Postcode
SS3 9DS

Main issues, as the Inspector framed them

  • The effect of the extraction equipment on the living conditions of neighbouring residential occupiers located on West Road, with particular regard to noise, disturbance, vibration, odour and fumes

What decided it

The extraction flue causes unacceptable harm to the living conditions of neighbouring residential occupiers through noise, disturbance, vibration, odour and fumes, which cannot be satisfactorily addressed by conditions and conflicts with the development plan.

What the Inspector cited

Development plan policies
Policy KP2Policy CP4Policy DM1Policy DM3

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Southend-on-Sea City Council

The authority’s record since 2016 · every decision in 2025

  1. Dismissed2 October 20266009119
    456 Southchurch Rd, Southend, SS1 2QA
  2. Allowed16 September 20266012017
    290 Prince Avenue, Westcliff-on-sea Essex, SS0 0NF
  3. Notice upheld7 September 20263344480
    54-56 Arterial Road, Leigh-on-Sea, SS9 4DA
  4. Notice varied and upheld4 September 20263349864
    192 Manchester Drive, Leigh-on-Sea, SS9 3EX
  5. Dismissed20 July 20266005510
    101 Shaftesbury Ave, Southend on Sea, SS1 3AN

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.