Application under Section 73a of the Town and Country Planning Act 1990 for the Variation of Condition Nos. 2 and 4 and removal of Condition Nos. 3,  5 and 7 attached to Planning Permission 09/03161/FUL dated 4th February 2010 for the rebuilding of fish and chip shop (Retrospective)

The Technical Specialist Planning Officer introduced the application and with reference to the drawings displayed, he drew Members’ attention to the approved and as built plans and elevations.  He confirmed that Members had undertaken a site visit the previous day and had viewed the site and assessed the impact of the proposal on the surrounding area.

Members noted the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting which detailed comments from the Case Officer, letter from members of the public to Phillip Dunne MP and further public representations.

In accordance with Council Procedure Rules (Part 4, Paragraph 6.1) Councillor Jean Jones, as local Member, participated in the discussion but did not vote. During her statement, the following points were raised:

·         This proposal would be out of keeping and detrimental to the surrounding Conservation Area;

·         The people of Broseley wanted and welcomed the rebuilding of the local chip shop but not to the detriment of the surrounding area;

·         Broseley Town Council had raised many objections/concerns;

·         Materials used had not been as originally specified and the slope of the land had not been taken into account and had resulted in a raised roofline and floor levels;

·         The suggested ramp to the front of the building would be unsightly and would encroach onto land maintained by the Town Council.  The steps to the side of the building would permit entry to the side door but would encroach onto the neighbouring property;

·         The proposed flue would be detrimental to the street scene and could be accommodated within the existing chimney; and

·         To permit would be damaging to the environment and surrounding area, would undermine the integrity of the planning system and would be inconsistent with other permissions granted in Broseley.

Members considered the submitted plans and noted the comments of all speakers.  During their discussions, Members commented that the site fell within the Conservation Area and as such the local architecture should be respected; materials used had not been as agreed; changes in the ground floor level would necessitate the provision of an access ramp and steps at the entrances; the external facing materials used were more visually prominent than those previously approved; an external flue was proposed and had not been specified in the previously approved scheme; a step on the floor plan from the south elevation relative to the previously approved scheme had been omitted; and the proportions of the proposed shop front window differed from the previously approved scheme.

RESOLVED:

That, contrary to the Officer’s recommendation, planning permission be refused for the following reasons:

·         The building as constructed and as proposed to be completed would detract from the character and appearance of the Broseley Conservation Area due to the combined effect of the following changes in design relative to the permitted scheme:

(i)     Changes to the ground floor level of the building necessitate the provision of an access ramp and steps at the entrances;

(ii)    The external facing materials used are more visually prominent and discordant in the street scene compared to those previously approved;

(iii)   The external flue would be visually prominent, detracting from the appearance of the building and streetscene;

(iv)   A step in the floor plan to the south elevation of the permitted scheme has been omitted, with a consequent adverse impact upon the proportions of the side elevation and rear component of the building; and

(v)    The proportions of the proposed shop front window differ from the approved scheme, providing the single pane with a row of more heavily framed top hung lights above door head height. 

The proposed variation of conditions 2 and 4, and removal of conditions 3, 5 and 7 on planning permission 09/03161/FUL would therefore be contrary to Shropshire Core Strategy Policies CS6 and CS17; Policies DS1, DS2, DS5 and DS8 of the Broseley Town Plan 2013-2026 and paragraphs 56-58, 60, 64 and 137 of the National Planning Policy Framework.