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Casebook: Community facilities - Charity box judged appropriate to setting

Community facilities

Planning, 18 July 2008

The installation of a charity donation container opposite a hotel in Aberdeenshire has been allowed after a reporter found no grounds on which planning permission could be validly withheld.

The container comprised the black-painted casing of a torpedo of a type associated with a Wellington bomber that had come to grief in the area many decades previously. Planning officials had recommended approval of the proposal. In their view, it answered concern about visual impact on a war memorial and nearby air crew memorial, its location next to a coach park was consistent with its function and it had no adverse visual impact.

The reporter endorsed this position, finding that the planning authority had overreacted to the design. He held that the refusal notice had deployed policies to try to accommodate objectors' preoccupations with imagery. Awarding costs to the appellant, he found that the council had not determined the application on its planning merits and had not taken into account an earlier permission for an identical proposal a few metres away.

DCS Number 100-055-988

Reporter Philip Hutchinson; Written representations.