Appeal 6005804

The appeal is allowed and planning permission is granted for front and side seating decking and smoking areas with mobile light canopy at [address], Romford, Havering [postcode] in accordance with the terms of the application, Ref P0847.25, subject to the following conditions:

The development hereby permitted shall be carried out in accordance with the following approved plans: 052.25/04 and 052.25/05

No amplified music or speech shall be played or reproduced in the outside seating areas hereby approved

The external seating areas hereby approved shall not be used for the purposes hereby permitted other than between the hours of 09:00 till 23:00 on Monday to Saturday and 10:00 till 22:00 on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

This appeal relates to development that has already been carried out. As the application is retrospective, I have considered the submission accordingly

The main issue is the effect on the character and appearance of the appeal property and that of the local area.

The appeal building is a single storey retail type property currently in use as a restaurant. It is located in a parade within the Gidea Park Local Centre, which falls within the boundary of the Gidea Park Conservation Area (the CA). The significance of the CA mainly stems from it being an early 20th [name] with houses by reputable architects of the day and some later interwar modernist additions. There are however earlier buildings of heritage significance in the immediate vicinity of the appeal building, including [address] and the [name], both [name] listed buildings, as well as the locally listed [address] a Non-Designated Heritage Asset (NDHA).

The CA and Listed buildings are heritage assets to which I have a statutory duty under sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990. I must have special regard to preserving the setting of a listed building and pay special attention to the desirability of preserving or enhancing the character or appearance of a Conservation Area. I have also considered the effect of the proposal on the setting of the NDHA in line with paragraph 216 of the National Planning Policy Framework (2024) (the Framework).

The development is two external seating areas on decking, one to the front and one to the side of the appeal building. The seating area to the side was also part of an earlier planning approval1. The seating area to the front of the appeal building has a mobile canopy above that incorporates lighting, with support struts at the footway boundary. This fully fills the space between the appeal building and the footway on [address], which, it would appear, was previously used as an off-street parking area, similar to that of the adjoining retail premises at 212 and [address] and the neighbouring premises at 220 and [address] and properties beyond those on the same side of the street.

With the appeal building, these properties make up a section of [address] that has been redeveloped over time to set back from the original building line, that is still evident in the street frontage of the NDHA at [address]. The setting back of properties and their variety of scale and design presents a weak building frontage that does not present a legible and enclosing streetscape in this part of [address].

Rather than the seating area and canopy with its supporting struts appearing to infill and encroach on a more open part of the street, it fills in a space that was used for off street parking and reflects the original street frontage evidenced by that of the NDHA. This makes for a section of the street frontage that provides for a stronger and more defined relationship between the appeal building and the highway, without the canopy appearing as a solid part of the appeal building. The canopy references the design of traditional shop canopies that were often extensive. The use of this area for seating also adds significant activity and vibrancy to this part of the street and is a significant benefit in this regard compared to the negative effects of off-street parking fronting [address].

Although the front seating area, canopy and supporting struts are evident in the setting of both listed buildings and that of the NDHA, the stronger building line and street frontage that results, as well as its vibrant contribution to the streetscene does not detract from the setting of these heritage assets. Rather, this positive contribution to the street frontage and streetscene enhances the character and appearance of the CA and the setting of the nearby heritage assets, within the defined and vibrant part of the street that results from the development. 1 Planning Ref: P1145.23

For these reasons, the proposal enhances the westerly views along the street, identified as a key view in the Gidea Park Conservation Area Character Appraisal and [name]. This is especially so for views of The Old Ship Inn, when viewed from the footway outside the NDHA, where the development makes the off-street parking in front of other buildings opposite the pub less dominating within the streetscene and its setting. As such I find that the development accords with the purpose of Havering’s Heritage Supplementary Planning Document (2011), which seeks to ensure the appropriate protection, enhancement and management of heritage assets.

For these reasons I find that the development does not result in any significant harm to the character and appearance of the appeal building, enhances the character and appearance of the CA as well as the setting of both listed buildings and the NDHA. This accords with Policies 26 and 28 of the Havering Local Plan 2016-2031 (2021). These seek development that are of high architectural quality and design, are informed by and respect and complement the distinctive qualities of the site and local area, provide active streets, complement the local streetscene and conserve and enhance heritage assets and their significance, including their setting.

I have had regard to the Council’s suggested conditions should I be minded to allow the appeal. The appellant has accepted these conditions. As the development has been implemented, I have not attached a condition regarding the timing of implementation. In the interest of good design, I have attached a condition requiring compliance with approved plans. In the interests of maintaining the living conditions of neighbouring residential occupiers I have attached conditions limiting the hours that the seating area is in use, and that no amplified music or speech shall be played or reproduced.

The appeal is allowed.