Permission had been granted for the erection of the marquee from the beginning of May to the end of September each year. The appellant argued that the council’s reasoning was contradictory. The reason for imposing the condition was to safeguard the character and appearance of the green wedge whereas the reason for granting the planning permission was that the development would not adversely affect the character and appearance of the green wedge.
The inspector found that although the council’s reasoning was not contradictory it was not convincing. He observed that the marquee was not in an open or undeveloped part of the green wedge, being within the main complex of racecourse buildings, and next to access roads and parking areas beyond which was a dual carriageway.
He considered that it had a pleasing appearance and neither its colour nor shape appeared out of place. Only glimpses of the roof were apparent from the public highway, from where it looked unremarkable against the background of the much larger structures. Its permanent presence was acceptable, he decided, and the condition was therefore not needed.
Inspector David Hainsworth; Written representations