The container served as storage for a tearoom occupying a listed wharf building located within a canal basin conservation area, which the appellant claimed was essential to the viability of the business due to a lack of storage space inside the building.
The inspector accepted that it was beneficial for the listed building to have a viable, commercial use but considered it had not been demonstrated that the storage container was genuinely essential to the viability of the tearoom. On that basis he found insufficient public benefit to outweigh the quite limited harm he considered the out of keeping utilitarian metal container caused to the character and appearance of the conservation area and the setting of a listed building. In reaching this decision on the ground (a) appeal, the inspector was unable to take into account the appellant’s suggestion of timber screening to hide the container as his powers under sec.77 of the Act extended only to granting planning permission for the matters stated in the enforcement notice as constituting a breach of planning control.
Inspector: Peter Willows; Written representations