101 Shaftesbury Ave, Southend on Sea, SS1 3AN

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

Authority: Southend-on-Sea Borough Council
Appeal type: Planning
Procedure: Written
Development: leisure-sport
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.

Plan policies cited: Policy KP2, Policy CP4, Policy DM1, Policy DM3

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.