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Planning appeal decision

Dismissed20 July 20266005510

101 Shaftesbury Ave, Southend on Sea, SS1 3AN

Planning appeal 6005510 at 101 Shaftesbury Ave, Southend on Sea, SS1 3AN (Southend-on-Sea Borough Council) was dismissed on 20 July 2026 by Inspector E Everitt, by written representations. The main issue, as the Inspector framed it: The effect of the proposed extended opening hours on the living conditions of occupiers of nearby properties, with particular regard to noise and disturbance.

erect single storey building and part change of use of domestic garden at 101 Shaftesbury Avenue for use as tea/coffee shop (class E (previously class A3)) and ancillary refuse and cycle storage, and external seating area with boundary treatments (amended proposal) without complying with a condition attached to planning permission Ref 22/01367/FUL, dated 19 January 2023

Appeal type
Planning
Procedure
Written
Development
leisure-sport
Inspector
E Everitt
Postcode
SS1 3AN

Main issues, as the Inspector framed them

  • The effect of the proposed extended opening hours on the living conditions of occupiers of nearby properties, with particular regard to noise and disturbance

What decided it

The Inspector could not be satisfied that the proposed noise control measures would ensure that the living conditions of occupiers of nearby properties would not be adversely affected by the proposed extended opening hours, particularly given the difficulty of enforcing compliance with conditions such as window closure and the inability to control patron behaviour outside the establishment.

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.

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The decision letter

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More decisions in Southend-on-Sea City Council

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

  1. Dismissed2 October 20266009119
    456 Southchurch Rd, Southend, SS1 2QA
  2. Allowed16 September 20266012017
    290 Prince Avenue, Westcliff-on-sea Essex, SS0 0NF
  3. Dismissed2 June 20266005104
    44a Gravel Road, Eastwood, SS9 5AS
  4. Dismissed11 February 20263375137
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  5. Dismissed3 February 20263374767
    290,Prince Avenue, Westcliff-on-Sea, Southend-on-Sea, SS0 0NF

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.