pd08 - Warwickshire County Council

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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
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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
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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
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