Planning Application Refused - Shop Front
Discussion
Hi all,
Posting this here as I think it will get more input than being on the business forums. My brother recently took out a long lease on a commercial shop premises which is in a conservation area in Hertfordshire. He plans to open a clothing store there and it was previously a sandwich shop. Planning use is no issue the place can be used as A1 or A3.
Once the lease was completed he applied for planning permission to change the wooden shop front which is in a very bad state of repair. There is rot on the wood and the base of the shop front has signs of movement too with cracking stone at the base. Furthermore the door is a glass and wood door which lets in major drafts and with a security point of view could probably be kicked open by a 10 year old.
The council have rejected the planning application based on concerns and comments from local residents who say the shop front has historical value and one had even gone to the extent of writing to the Victorian society! They say the shop has Victorian values and should be preserved and not taken down and replaced with a new aluminium and glass shop front.
The current shop front does not fit in with his business plan at all. There are also security issues and issues with drafts and even leafs blowing under the door in to in to the shop. They have even gone to the extent of saying he can't change the appearance of the shopfront which currently has half frosted glass and is painted green!
How can something like this be handled or reversed? He is also facing an uphill hassle of having the landlords on his side as they don't want to mess around with the local conservation committee and council. As a clothing boutique he needs a shop window and the bad state or repair needs to be looked in to.
Any ideas appreciated.
Thanks!
Posting this here as I think it will get more input than being on the business forums. My brother recently took out a long lease on a commercial shop premises which is in a conservation area in Hertfordshire. He plans to open a clothing store there and it was previously a sandwich shop. Planning use is no issue the place can be used as A1 or A3.
Once the lease was completed he applied for planning permission to change the wooden shop front which is in a very bad state of repair. There is rot on the wood and the base of the shop front has signs of movement too with cracking stone at the base. Furthermore the door is a glass and wood door which lets in major drafts and with a security point of view could probably be kicked open by a 10 year old.
The council have rejected the planning application based on concerns and comments from local residents who say the shop front has historical value and one had even gone to the extent of writing to the Victorian society! They say the shop has Victorian values and should be preserved and not taken down and replaced with a new aluminium and glass shop front.
The current shop front does not fit in with his business plan at all. There are also security issues and issues with drafts and even leafs blowing under the door in to in to the shop. They have even gone to the extent of saying he can't change the appearance of the shopfront which currently has half frosted glass and is painted green!
How can something like this be handled or reversed? He is also facing an uphill hassle of having the landlords on his side as they don't want to mess around with the local conservation committee and council. As a clothing boutique he needs a shop window and the bad state or repair needs to be looked in to.
Any ideas appreciated.
Thanks!
W4NTED said:
Hi all,
Posting this here as I think it will get more input than being on the business forums. My brother recently took out a long lease on a commercial shop premises which is in a conservation area in Hertfordshire. He plans to open a clothing store there and it was previously a sandwich shop. Planning use is no issue the place can be used as A1 or A3.
Once the lease was completed he applied for planning permission to change the wooden shop front which is in a very bad state of repair. There is rot on the wood and the base of the shop front has signs of movement too with cracking stone at the base. Furthermore the door is a glass and wood door which lets in major drafts and with a security point of view could probably be kicked open by a 10 year old.
The council have rejected the planning application based on concerns and comments from local residents who say the shop front has historical value and one had even gone to the extent of writing to the Victorian society! They say the shop has Victorian values and should be preserved and not taken down and replaced with a new aluminium and glass shop front.
The current shop front does not fit in with his business plan at all. There are also security issues and issues with drafts and even leafs blowing under the door in to in to the shop. They have even gone to the extent of saying he can't change the appearance of the shopfront which currently has half frosted glass and is painted green!
How can something like this be handled or reversed? He is also facing an uphill hassle of having the landlords on his side as they don't want to mess around with the local conservation committee and council. As a clothing boutique he needs a shop window and the bad state or repair needs to be looked in to.
Any ideas appreciated.
Thanks!
If planning / conservation won't allow him to change it to a modern style, I presume that all he can do is to replace it with a new shopfront that matches the style and materials as existing.Posting this here as I think it will get more input than being on the business forums. My brother recently took out a long lease on a commercial shop premises which is in a conservation area in Hertfordshire. He plans to open a clothing store there and it was previously a sandwich shop. Planning use is no issue the place can be used as A1 or A3.
Once the lease was completed he applied for planning permission to change the wooden shop front which is in a very bad state of repair. There is rot on the wood and the base of the shop front has signs of movement too with cracking stone at the base. Furthermore the door is a glass and wood door which lets in major drafts and with a security point of view could probably be kicked open by a 10 year old.
The council have rejected the planning application based on concerns and comments from local residents who say the shop front has historical value and one had even gone to the extent of writing to the Victorian society! They say the shop has Victorian values and should be preserved and not taken down and replaced with a new aluminium and glass shop front.
The current shop front does not fit in with his business plan at all. There are also security issues and issues with drafts and even leafs blowing under the door in to in to the shop. They have even gone to the extent of saying he can't change the appearance of the shopfront which currently has half frosted glass and is painted green!
How can something like this be handled or reversed? He is also facing an uphill hassle of having the landlords on his side as they don't want to mess around with the local conservation committee and council. As a clothing boutique he needs a shop window and the bad state or repair needs to be looked in to.
Any ideas appreciated.
Thanks!
I suspect the clue is in 'Conservation Area'
Check what the policy is regarding replacement of Victorian shopfronts and tackle it from there. He should really have bottomed this before completing the lease but there you go.
It is likely there will be a policy supporting retention of such shopfronts whre they are capable of repair
Check what the policy is regarding replacement of Victorian shopfronts and tackle it from there. He should really have bottomed this before completing the lease but there you go.
It is likely there will be a policy supporting retention of such shopfronts whre they are capable of repair
thebraketester said:
Didn’t cross his mind to check before hand?
^^^^ This. However, given where he’s at your brother has 3 options:
- Live with it/put up with the shortcomings of the building (obviously)
- Lodge an appeal with the Planning Inspectorate. Details of how to should be on the council’s refusal notice. It will take some months to determine and may well go against him if, in the Inspector’s view, the replacement shopfront conflicts with the council’s relevant development plan policy/policies and doesn’t accord with “the desirability of sustaining and enhancing the significance of heritage assets”; a requirement set out in the NPPF (National Planning Policy Framework). Paras 184-202 of the NPPF deals with heritage assets (such a conservation areas).
- speak to the council planner/s and try to negotiate a compromise, such as repairing and adapting the existing shopfront. It would be advisable to engage the services of an architect and/or planning consultant experienced in conservation and heritage matters if, as it seems, your brother has little knowledge if the process.
Good luck.
(Photos of the existing shopfront and the proposed/refused plans would be helpful if you want more advice from others here on PH).
I think all he will be able to do is repair/replace the door/windows in the same or a similar style to the original.
Being in a conservation area is bad news, normally even security shutters are not allowed, except on the inside.
On the other hand, you can see their point, in a lovely picture postcard Cotswold village you wouldn't want to see a horrible 1960's style aluminium frontage on a shop.
On the curry mile in Manchester it wouldn't matter.
I speak from experience having owned a large shop with an ornamental frontage and curved windows in a conservation area since the 1970's. The planners were a nightmare to deal with.
Being in a conservation area is bad news, normally even security shutters are not allowed, except on the inside.
On the other hand, you can see their point, in a lovely picture postcard Cotswold village you wouldn't want to see a horrible 1960's style aluminium frontage on a shop.
On the curry mile in Manchester it wouldn't matter.
I speak from experience having owned a large shop with an ornamental frontage and curved windows in a conservation area since the 1970's. The planners were a nightmare to deal with.
I'm normally on the side of the applicant in planning matters but on this one I'm in favour of keeping the shopfront, maybe a change in glazing would be possible so no longer frosted, find a few old people locally who will confirm that it had clear glass when they were younger or try the archive of the local paper.
My hatred of upvc windows and all things similar is behind my meaningless prejudice
My hatred of upvc windows and all things similar is behind my meaningless prejudice
Likewise, I tend toward the view that maintaining the character of the Conservation Area outweighs the short-term needs of an individual business.
But it might be worth asking the Local Authority if they have an up-to-date 'Conservation Area Character Statement' for the CA in question and also whether there is an 'Article 4 Direction' in place.
The former might help inform you about what features and character are felt to be important (and if they don't have an up-to-date one - and many are woefully out-of-date or non-existent, due to limited resources and low priority - it may weaken their position slightly).
The latter may draw an absolute line-in-the-sand on certain issues; for instance while a Conservation Area doesn't necessarily preclude modern glazing, in and of itself, an Article 4 Direction can.
But it might be worth asking the Local Authority if they have an up-to-date 'Conservation Area Character Statement' for the CA in question and also whether there is an 'Article 4 Direction' in place.
The former might help inform you about what features and character are felt to be important (and if they don't have an up-to-date one - and many are woefully out-of-date or non-existent, due to limited resources and low priority - it may weaken their position slightly).
The latter may draw an absolute line-in-the-sand on certain issues; for instance while a Conservation Area doesn't necessarily preclude modern glazing, in and of itself, an Article 4 Direction can.
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