DC Casebook: Retail Development - Opening hours retained in village centre

The owner of a shop in a Kent village centre has been refused permission to open until 10.30pm due to the adverse impact on residents living above the premises.

The council had agreed to extend the opening hours from 9.30pm to 10pm. However, it claimed that later opening would harm local residents because the premises could be occupied by a wide range of uses including a takeaway. The appellant accepted that a takeaway service was likely but asserted that later opening was required to make the premises commercially attractive to tenants.

The inspector noted that a store in the centre closed at 10pm. In his opinion, the internal square would be quiet after this time because it was shielded from traffic. Even a few people using a takeaway or restaurant would be particularly noticeable to occupiers of flats above, he found. A cautious approach was justified, he held.

DCS Number 100-064-737

Inspector Simon Emerson; Written representations

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