Relief for client as shelter survives – Walsingham Planning defeat enforcement action

Acting on behalf of Fuller Smith and Turner, Walsingham Planning submitted an appeal against an Enforcement Notice which required removal of an awning structure over an outside seating area at the rear of the public house.

The awning provides shelter for smokers no longer allowed to smoke within the pub and for outside diners on the patio area. The pub is located on the edge of a residential area but is adjacent to a public play area. The pub itself is a building of “townscape merit”.

The Council alleged adverse impact on the appearance of the building, detriment to the Conservation Area and adverse impact on the amenity of nearby residential properties.

The Inspector fully accepted the Walsingham Planning case that the attractive appearance of the building is unaffected, that there is no adverse impact on the character or appearance of the area and that there was no adverse impact on neighbour amenity as the awning simply protects an existing area in lawful use for outdoor seating.

The appeal was conducted by written representations as the best means to secure a swift conclusion with minimised fee costs for the client.