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Dismissed8 July 20266005504

36-40, High Street, Epsom, KT19 8AH

Planning appeal 6005504 at 36-40, High Street, Epsom, KT19 8AH (Epsom and Ewell Borough Council) was dismissed on 8 July 2026 by Inspector A Wright, by written representations. The main issue, as the Inspector framed it: The effect that varying condition 2 would have on the living conditions of the occupiers of nearby dwellings, with particular regard to noise and disturbance.

renewal of consent for variation of opening hours to between 0600 and 0100 hours only without complying with a condition attached to planning permission Ref T.P.3/No.06/87/0974/0527, dated 13 October 1987.  The condition in dispute No 2 which states that: ‘The premises shall be closed to the public between the hours of 0100 and 0600’.  The reason given for the condition is: ‘To restrict the use of acceptable periods having regard to the location of the premises within the shopping centre, and to accord with the terms of the application

Authority
Epsom and Ewell Borough Council
Appeal type
Planning
Procedure
Written
Development
leisure-sport
Inspector
A Wright
Postcode
KT19 8AH

Main issues, as the Inspector framed them

  • The effect that varying condition 2 would have on the living conditions of the occupiers of nearby dwellings, with particular regard to noise and disturbance
  • The effect that varying condition 2 would have on anti-social behaviour
  • The effect that varying condition 2 would have on pedestrian safety

What decided it

The proposal would cause harmful noise and disturbance to nearby residents during night-time hours when they have a reasonable expectation of quiet, increase the risk of anti-social behaviour, and harm pedestrian safety through uncontrolled delivery vehicle activity, conflicting with development plan policies on amenity, crime reduction and safe access.

What the Inspector cited

Development plan policies
Policy CS6Policy CS16Policy DM9Policy DM10

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 Epsom and Ewell Borough Council

The authority’s record since 2016 · every decision in 2026

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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.