Non-Determination Appeal Success in Ramsgate, Kent
We are delighted to share a recent appeal success in Ramsgate, where the Planning Inspectorate has allowed extended opening hours for an established café/restaurant use.
The appeal was made against the failure of Thanet District Council to determine a Section 73 application seeking to vary a condition restricting opening hours.
The premises already benefited from planning permission for a retail and café use (now falling within Use Class E), but trading was limited to 09:00–21:00 Sunday–Thursday and 09:00–22:00 Friday, Saturday and Bank Holidays.
Our client sought a modest extension: an additional hour and a half Sunday–Thursday (to 22:30) and an additional hour on Fridays, Saturdays and Bank Holidays (to 23:00). When the Council did not issue a decision within the statutory period, and following a lengthy wait for a decision, an appeal was lodged for non-determination.
The Key Planning Issues
The principal planning issue centred on residential amenity.
Local residents raised concerns regarding noise, disturbance, odour and anti-social behaviour, particularly in relation to activity in the rear yard.
Importantly, the appeal proposal did not seek to amend any conditions relating to the use of the rear yard or music controls—only the opening hours condition.
The Inspector carefully distinguished between the planning merits of the extended hours and separate non-related matters made by third-parties. The allegations were correctly treated as matters outside the scope of the application.
A detailed Noise Management Plan (NMP) was submitted to demonstrate how impacts would be controlled.
The Planning Inspector’s Decision
The Planning Inspector agreed that, with safeguards in place, the extended hours would not harm the living conditions of neighbouring occupiers. The appeal was allowed, and a new planning permission granted.
Crucially, a condition now requires adherence to the Noise Management Plan and restricts amplified sound after 22:30. The decision also reimposes relevant conditions from the earlier permission, ensuring robust controls remain in place.
This outcome highlights two important points:
A well-evidenced and proportionate approach to amenity concerns can successfully support extended trading hours.
Non-determination appeals can be an effective route where local authorities fail to issue timely decisions.
A Positive Outcome for Town Centre Vitality
The decision supports the continued vitality and viability of Ramsgate’s local centre, allowing a well-established business to operate more flexibly while maintaining appropriate protections for residents.
If you are seeking to vary planning conditions, extend trading hours, or facing delays in the determination of your application, we can help you assess your options and build a strong, defensible case.
Get in touch today to discuss how we can support your next planning application or appeal.
