Agenda Item No 8 Planning and Development Board 19 May 2008 Report of the Assistant Director (Planning and Development) 109 High Street, Coleshill 1 Summary 1.1 The report brings Members up to date with the matter of the “pink” shop front in Coleshill. 2 Recommendation to the Board That it is not considered expedient to issue a Listed Building Enforcement Notice in respect of the re-painting of the shop front at these premises. 3 Background 3.1 These premises are a retail shop on High Street in Coleshill in the centre of the town’s shopping area. In February 2005, the Board considered a breach of Listed Building Consent here, being the unauthorised painting of the shop front from white to pink. The Board was informed that the premises were a Grade II listed building and that it was sited adjacent to other Listed Buildings within the town’s Conservation Area. 3.2 The Board resolved that it considered that the colour was inappropriate to the special historic and architectural merit of the Listed Building, and that it was not in keeping with the appearance of the Conservation Area. In support of her case, the tenant argued that the colour was appropriate to the type of retail business she managed (a jewelry shop). Additionally some Board Members considered that the painting of the shop front was not an irreversible act affecting the structure of the building, and that the town centre might benefit from some “individualism”. The Board resolved that officers be requested to seek an alternative colour with the tenant. 3.3 As a consequence there has been some discussion with the tenant since then, but with little progress. The tenant then, earlier this year, re-painted the premises without first seeking the appropriate Listed Building Consent. The matter is thus referred back to the Board. The new colour is a lighter shade of pink. A colour photograph illustrating both shades is at Appendix A, and it will also be circulated to all Board Members in advance of the meeting, as well as being available at the meeting. 4 Development Plan ... North Warwickshire Local Plan 2006 – Policies ENV15 and 16 8/1 D:\687274646.doc 5 Other Material Planning Considerations 6 Government Advice in PPG15 Representations Coleshill Civic Society – The present colour is more appropriate Coleshill Town Council – No comments received. Council’s Heritage Officer – Considers that the new colour remains inappropriate, and not the preferred option, but questions whether it does have a harmful impact. 7 Observations 7.1 The issues here are whether the new colour is inappropriate for this Listed Building in that it has no regard to the special historic or architectural merit of the building, and whether the new colour adversely affects the character and appearance of the Conservation Area. Members are reminded that this not a matter of selecting which of the two shades is preferable, but to look at the new colour against the two tests set out above. 7.2 The first test is set out in Government advice in its PPG 15, and in Development Policy. PPG15 states, “In judging the affect of any alteration or extension, it is essential to have assessed the elements that make up the special interest of the building”. Policy ENV16 of the Local Plan builds on this by saying that, “Development that would detract from the character, appearance or historic value of a Listed Building, in terms of its historic form and layout, or its setting, will not be permitted”. In this case, the building dates from the late 16th Century. The main element that makes up its special interest in respect of the current situation, is the dominant front gable and the black timber patterned framing on that elevation. The contrast between the black and the current pink colour is apparent, such that it appears that the building is divided into two sections, that of the ground floor and that above. This appears as a horizontal division of the front elevation whereas the whole emphasis of the building is a dominant vertical gable. In terms of this first test therefore, the introduction of a colour of this contrast is considered to affect the special architectural merit of the property. 7.3 The second test is set out in Government advice in PPG15, and within Development Plan policy. PPG 15 states that, “ Special regard should be had for such matters as scale, height, form, massing, respect of traditional pattern of frontages, vertical or horizontal emphasis and detailed design”. Again this is reflected in Policy ENV15 of the Local Plan, “Development will not be permitted if it would have a harmful effect on the character, appearance or setting of a Conservation Area”. The colour is not considered to be traditional, or one to be expected with a building of this age, or indeed within the general appearance of a Georgian town. Its introduction does therefore impact on the character and appearance of the Conservation Area. However that does not mean that any other colour, not necessarily related to that age, should be automatically ruled out here. The test is whether an alternative nontraditional colour has a harmful affect on the character and appearance of the Area – the key word being “harmful”. Because the shade of pink is quite close to a “white” or an “off-white”, which would be a traditional colour, and not a strident pink, it is 8/2 D:\687274646.doc considered that that impact is not necessarily adverse or harmful to the Conservation Area as a whole, particularly because the Area is largely made up of retail uses. 7.4 If this conclusion is accepted, then that leaves the first test as the critical one – the impact on the special architectural and historic interest of the Listed Building. Here it is considered that the impact is more adverse. But again, painting is not an irreversible loss of character, in that future tenants will seek alternative colours, and because many of the retail buildings in the street, exhibit different ground floor treatments to that above at first or second floor. Hence it is not considered that the case for a harmful impact under this test is overriding. 8 Report Implications 8.1 Crime and Disorder Implications 8.1.1 If this breach remains unresolved an offence will have been committed. 8.2 Environment and Sustainability 8.2.1 The character and appearance of the Borough’s Conservation Areas, and the protection given to its Listed Buildings are endorsed within its Development Plan policy. 8.3 Links to the Council’s Priorities 8.3.1 The protection of the Borough’s cultural heritage is one of the Council’s priorities. The Contact Officer for this report is Jeff Brown (719310). Background Papers Local Government Act 1972 Section 100D, as substituted by the Local Government Act, 2000 Section 97 Background Paper No Author Nature of Background Paper Date 8/3 D:\687274646.doc