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DC Casebook: Food and drink uses - Canopy allowed on fallback position

Food and drink uses

Planning, 28 November 2008

An enforcement notice directed against a canopy over an outdoor drinking area at a bar in Leicester has been quashed, an inspector giving significant weight to the argument that the structure would benefit from deemed consent with the addition of an advertisement.

The council accepted at the hearing that if the bar's name, for example, were displayed on the awning it would constitute an advertisement as defined in section 336 of the Town and Country Planning Act 1990. Furthermore, it accepted that deemed consent for the display of such an advertisement would be granted by virtue of regulation 6 and class 5, schedule 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

It conceded that while an awning of the type put up constituted development, planning permission would be deemed to be granted under section 222 of the 1990 act if it bore an advertisement. The inspector took the view that an advertisement could render the development more intrusive and decided that refusal of permission for the canopy without an advertisement could not be justified. In awarding costs to the appellants, he held that the council had not shown why enforcement action was necessary to prevent unacceptable harm to public amenity.

DCS Number 100-058-508

Inspector John Murray; Hearing.