Roller shutters and longer hours at 290 Prince Avenue, Westcliff-on-Sea

“Planning permission is sought to retain two roller shutters and housings on the building’s eastern flank elevation facing Rochester Drive. Two roller shutters and housings in situ would be removed from the building’s north elevation facing Prince Avenue. The shutters are solid and black in colour protruding a maximum of some 250mm. They are full height, 2.8m high from ground level.”

“Planning permission is also sought for the shop’s opening hours to be changed from those previously approved under planning permission 25/00332/FUL. The approved hours are 08:00 to 22:00 Monday to Sunday (including Bank and Public Holidays). The proposed hours of 07:00 to 22:30 Monday to Saturday and 08:00 to 22:30 Sundays, equate to one hour earlier opening on Mondays to Saturdays inclusive and 30 minutes later closing on Sundays.”

“The application relates to an end-terrace, corner building on the south side of Prince Avenue, at the junction with Rochester Drive. The area is predominately residential in nature. The application relates to the ground floor of the building which is occupied as a convenience store (Class E)(a). Above is a separate flat. External solid roller shutters have been fitted to all ground floor openings to the front (north) and side (eastern) elevation.”

“The site is not within a conservation area or subject to any site-specific planning policy designations.”

“Planning permission 25/00332/FUL dated 13th June 2025 (the 2025 permission) was for “Change of use from a sui generis motorcycles sales shop to a class E(a) convenience store (part-retrospective).” That permission was subject to several conditions, including Condition 05 limiting opening hours for customers to 08:00 to 22:00 Monday to Sunday (including Bank and Public Holidays).”

“On 20 February 2026, taking account of the planning history and support for the Council’s position reflected in the two PINS appeal decisions, it was found expedient to remedy the identified harm by serving a Breach of Condition Notice in relation to the breaches of opening hours and a planning Enforcement Notice in respect of all four of the shop’s unauthorised roller shutters.”

“Applying significant weight to this Council’s 2025 planning refusal and the findings in the dismissed 2025 appeal, the roller shutters to the flank elevation, proposed for retention, significantly harm the character and appearance of the site, the streetscene and the wider area and are unacceptable.”

“Overall, the proposed varied opening hours would not cause any character related harm but the two roller shutters and projecting housings to the building’s eastern elevation have been found by this Council and PINS to represent incongruous development. It is not considered that removal of the two roller shutters in situ to the building’s north, Prince Avenue elevation, which are unauthorised in any event, materially resolves the identified harm.”

“It has not been satisfactorily demonstrated that the extended hours of operation would not result in a loss of amenity for neighbouring occupiers through noise and disturbance associated with the type, level and times of activity undertaken in association with the Class E(a) use, nor that such impacts could reasonably be overcome through planning conditions. The development has a materially harmful effect on the living conditions of neighbours in this respect.”

“The proposed retention of the solid black metal roller shutters and their projecting shutter housings in this prominent corner location, results in dead frontage and incongruous, poorly designed development significantly harmful to the character and appearance of the site, the streetscene and the wider area.”