66-68, Manchester Road, Hapton, Burnley, Lancashire, BB12 7LG
Burnley Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 July 2022
- Authority
- Burnley Borough Council
- Inspector
- Wilson L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor retail and services
- Appellant
- Mr Umar Ilyas
- LPA reference
- FUL/2021/0528
- ONS LPA code
- E07000117
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 13 April 2022
Summary AI
The appeal against the refusal to grant planning permission for a new shop front and shutters with internal alterations was dismissed due to the harm caused to the character and appearance of the host building and surrounding area.
PDF text
66-68, Manchester Road, Hapton, Burnley, Lancashire, BB12 7LG — Burnley Borough Council — Appeal Decision Site visit made on 27 June 2022 by L Wilson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 11th July 2022 Appeal Ref: APP/Z2315/W/22/3294265 66-68, Manchester Road, Hapton BB12 7LF • 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 Umar Ilyas against the decision of Burnley Borough Council. • The application Ref FUL/2021/0528, dated 1 September 2021, was refused by notice dated 24 January 2022. • The development proposed is new shop front and shutters with internal alterations. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the host building and the surrounding area. Reasons 3. The appeal site comprises a two-storey end of terrace building. The building was formerly two houses which has been converted with a shop at ground floor. Adjoining the building is a hot food takeaway but the area is generally characterised by residential terraces. The terraces have a simple and uniform design with a vertical emphasis. 4.
66-68, Manchester Road, Hapton, Burnley, Lancashire, BB12 7LG — Burnley Borough Council — Appeal Decision The appellant highlights that high-quality aluminium is proposed to replace the uPVC windows and doors. The replacement shopfront would include two large, undivided windows. It would extend the areas of glazing close to the pavement level and remove the existing stone stallriser. 5. The new shop front would increase the dominance of glazing across the frontage of the building and would visually weaken the overall composition of the façade as it would result in a horizontal emphasis. As a result, the windows would fail to respect the domestic scale of the building and its vertical emphasis which would disrupt the rhythm of the wider terrace. The proposed development would therefore not complement the design of the building due to the extent of glazing proposed which would not reflect the proportions of the host building as a whole and the wider terrace. 6. The proposed development also includes replacement shutters and a projecting shutter box. The Council highlight that Policy TC8 of the Burnley Local Plan (2018) (LP) states that external solid security shutters will not normally be https://www.gov.uk/planning-inspectorate
66-68, Manchester Road, Hapton, Burnley, Lancashire, BB12 7LG — Burnley Borough Council — Appeal Decision Appeal Decision APP/Z2315/W/22/3294265 permitted. This is reiterated within the Shopfront and Advertisement Design Supplementary Planning Document (2019) (SPD). 7. The development would therefore conflict with this policy and the SPD. Nonetheless, the building already has roller shutters. I acknowledge that these were approved against the national and local planning context that existed at the time and the appellant has not robustly demonstrated that shutters are the only means of providing the required level of security. However, based on the information before me, the replacement roller shutters would not have an unacceptable impact on the character and appearance of the host building and surrounding area. This is because the proposed shutters would not be significantly more harmful than the existing shutters which form part of the existing streetscene. 8. For these reasons, the proposed shopfront would harm the character and appearance of the host building and surrounding area. Consequently, it would conflict with Policies SP5 and TC8 of the LP. These seek, amongst other matters, to ensure the design of alterations to existing shopfronts is appropriate to the character of the existing building and streetscene.
66-68, Manchester Road, Hapton, Burnley, Lancashire, BB12 7LG — Burnley Borough Council — Appeal Decision It would also conflict with the SPD which states that shopfronts should complement the design of the building as a whole, adjoining buildings and the wider street taking into account the age; history; scale and proportion; symmetry and rhythm; architectural style; and materials. Conclusion 9. For the reasons given above, the appeal does not succeed.
66-68, Manchester Road, Hapton, Burnley, Lancashire, BB12 7LG — Burnley Borough Council — L M Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶5
The new shop front would increase the dominance of glazing across the frontage of the building, visually weakening the overall composition of the façade and disrupting the rhythm of the wider terrace.
Conditions Against appellant ¶6
The development would conflict with Policy TC8 of the Burnley Local Plan (2018) and the Shopfront and Advertisement Design Supplementary Planning Document (2019).
External appearance Neutral ¶7
The replacement roller shutters would not have an unacceptable impact on the character and appearance of the host building and surrounding area.
Policies relied on
| Reference | Weight |
|---|---|
| LP TC8 |
Determinative |
| SPD |
Determinative |
| LP SP5 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 11 July 2022 under the Open Government Licence.