39 Beech Tree Avenue, Coventry, West Midlands, CV4 9FE
Coventry City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 22 September 2021
- Authority
- Coventry City Council
- Inspector
- Walmsley R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr Demetrios Hadjitofi
- Agent
- cdrb architects ltd
- LPA reference
- P/2021/0264
- ONS LPA code
- E08000026
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 29 June 2021
Summary AI
The inspector dismissed the appeal for a queuing shelter due to concerns about its impact on the character and appearance of the area. The shelter would be too large and dominant, and its appearance would be incongruous with the surrounding buildings. The inspector also noted that customers could queue outside the premises without the shelter, and that there was no evidence to suggest that a shelter was needed to maintain a viable business.
PDF text
39 Beech Tree Avenue, Coventry, West Midlands, CV4 9FE — Coventry City Council — Appeal Decision Site Visit made on 16 September 2021 by R Walmsley BSc, MSc, MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 22 September 2021 Appeal Ref: APP/U4610/W/21/3276746 39 Beech Tree Avenue, Coventry, West Midlands CV4 9FE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Demetrios Hadjitofi against the decision of Coventry City Council. • The application Ref FUL/2021/0264, dated 3 February 2021, was refused by notice dated 31 March 2021. • The development proposed is a queuing shelter (external) to allow for separation distances under Covid- 19 (reduced in size). Decision 1. The appeal is dismissed. Preliminary matter 2. At the time of my site visit there was a queuing shelter on site. The application proposes a shelter smaller than that on site. In coming to my decision, I have had regard to what I saw on site, together with the evidence before me. Main Issue 3. This is the effect of the proposal on the character and appearance of the area. Reasons 4.
39 Beech Tree Avenue, Coventry, West Midlands, CV4 9FE — Coventry City Council — Appeal Decision The commercial uses at the junction of Beech Tree Avenue and Elm Tree Avenue, to include the appeal site, have open frontages which, because of their prominent positions in the street, are clearly visible in local views and create a sense of openness. This contrasts with the residential properties in the area that, on the whole, have frontages that are closer to the highway and are more enclosed. 5. The north facing elevation of the development would be almost as wide as the appeal property. The development, therefore, would not be subservient in scale to the host property. Together with its projection in the street scene, the proposal would appear unduly dominant and harmful to the open character described. Given the prominent location of the site, the harm would be particularly acute. 6. The grey painted timbers proposed would give the shelter a makeshift appearance which would contrast awkwardly with the more permanent appearance of the appeal property and other buildings nearby. The development would, therefore, appear incongruous. https://www.gov.uk/planning-inspectorate
39 Beech Tree Avenue, Coventry, West Midlands, CV4 9FE — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/21/3276746 7. Given that customers could queue outside the premises and at a distance apart without the shelter in situ, the shelter is not needed to facilitate social distancing. I have no doubt, however, that the development would protect customers from inclement weather which would be good for business. However, there is nothing within the evidence before me to suggest that a shelter is needed to maintain a viable business, nor that a shelter of the size proposed is required for this reason. 8. All in all, the development would be contrary to Policy DE1 of the Local Plan (2017) which seeks development that respects and enhances its surroundings and positively contributes towards the local identity and character of an area. Conclusion 9. The proposal conflicts with the development plan when considered as a whole and there are no material considerations, either individually or in combination, that outweighs the identified harm and associated development plan conflict. For the above reasons, the appeal is dismissed.
39 Beech Tree Avenue, Coventry, West Midlands, CV4 9FE — Coventry City Council — R Walmsley INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶5
The development would be too large and dominant, and its appearance would be incongruous with the surrounding buildings.
Character and appearance Against appellant ¶6
The shelter would give a makeshift appearance which would contrast awkwardly with the surrounding buildings.
Other Against appellant ¶7
The development would protect customers from inclement weather, but it is not needed to maintain a viable business.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DE1 of the Local Plan (2017) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 22 September 2021 under the Open Government Licence.