B1 use refused in Leamington Spa residential square
B1 use of a Grade II residential property in a Leamington Spa conservation area was refused by Warwick District Council. The local plan showed the Clarendon Square appeal site excluded from the town’s commercial core and the council had resisted the application as a matter of principle. The special character of the square resulted, they said, not only from its architectural cohesion but from the prevailing residential use. Appellants alluded to the strong demand for offices — already established in nearby side streets — and to the higher standard of restoration which office use would make possible.
The inspector had no doubt that the square’s residential character should be safeguarded and therefore dismissed the appeal. Appellants Property & General (Developments) Ltd were advised by the Richard Wood Partnership, Locke & England Black Horse Commercial and Williamson & Caldwell. [DOE reference T/APP/T3725/A/89/118928/P7, November 24 1989]
Doctor’s surgery refused in Esher and Luton
A proposal for a doctor’s surgery in Esher, refused by Elmbridge Borough Council, has been dismissed on appeal. The wooded green belt site formed a buffer between residential development and the main complex of Sandown Park racecourse. The inspector said that the scheme was inappropriate because it would reduce the present woodland to a peripheral tree belt. [DOE reference T/APP/K3605/A/89/117829/P5, December 5 1989]
Luton Borough Council took enforcement action against use of a detached house as a doctor’s surgery — a use which had commenced in 1982 and been the subject of two planning refusals. Lack of on-site parking coupled with disturbance to nearby residents led the inspector to dismiss the appeal, although he varied the time for compliance from 12 to 18 months. [DOE reference T/APP/C/89/A0210/00006&7/P6, December 13 1989]
Kwik Fit in Bristol
An appeal against refusal for a tyre and exhaust depot at 1-9 Bath Road, Bristol, has been allowed by the Secretary of State. The proposal, he said, was in line with Bristol Development Corporation’s regeneration strategy and compatible with modern industrial buildings opposite. Although visible from Temple Meads Station, the appeal site was not seen as part of the station complex and the proposed development would have no adverse effect on the setting of the Grade I building. Kwik Fit Holdings plc were advised by Rapleys. [DOE reference APP/U0110/A/88/111557, December 18 1989]
Glasshouse on Tewkesbury nursery refused
Erection of a 13,824 m2 glasshouse on a tomato-growing nursery near Tewkesbury, which had 10,500 m2 of existing glass, was refused because it would spoil the view. The site was within the Cotswold AONB and close to a conservation area village. In his decision letter dismissing the subsequent appeal, the inspector commented that it was difficult to envisage a situation, especially in a rural area, where glasshouse development could be said to fit properly with its surroundings. The impact of the existing building was probably tempered by familiarity, but in the face of the planning objections he was not convinced of the need for a 130% increase. The appellants were represented by Thorntons, Countryside Planning & Management and the Landscape Partnership. [DOE reference T/APP/G1630/A/89/122870 and 122847/P2, December 11 1989]
Longer season for caravan park
Permission for a caravan park at Rye Harbour, first granted in 1958, was subject to a condition restricting its use to the period March 1 to October 31. Rother District Council refused an application for additional opening at weekends during November, December and January as well as over Christmas and New Year.
Appellants said that, with greater leisure, people liked to take more short breaks and it was becoming increasingly popular to go away for Christmas or New Year. The inspector allowed the appeal, but granted permission for a 10-month period of operation — which he said would be easier to monitor — with a closedown from January 4 to March 4. Appellants were represented by Fleury Manico. [DOE reference T/APP/U1430/A/88/108578/P3, October 20 1989]
B&Q Subday opening
B&Q appealed against Trafford MBC’s refusal to discharge a condition prohibiting Sunday trading at their Stretford store. The 4,400 m2 premises, immediately north of the Manchester-Altrincham railway line, adjoined a pre-war housing estate and Old Trafford cricket ground. The only planning issue was the effect on amenities of local residents. The inspector said that Sunday opening would be useful to many people and could also create extra jobs. Shoppers’ cars would not cause undue disturbance.
In allowing the appeal, however, he imposed new conditions prohibiting Sunday deliveries and the use on that day of outside loudspeakers. Alan Boreham Associates and Lawson-Price gave evidence for B&Q at the inquiry. [DOE reference T/APP/Q4245/A/89/116349, October 4 1989]
