Smoking Shelter on a public house

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Today

Former Member, modified 16 Years ago.

Smoking Shelter on a public house

The attached photos show an extension that has been added to a local public house. It is on the rear elevation but there is a public car park which looks down onto the extension and there is also an access via steps to the car park from the pub. The leaseholder (a retired solicitor with more time on his hands than me) doesnt agree with me that it is a material change to the appearance of the building and wishes me to provide written legislation to prove that it needs planning permission. Does anyone know where I will find this legislation?

Former Member, modified 16 Years ago.

Smoking shelter on a public house

Surely this extension constitues a building operation as defined in Section 55 of the Town and Country Planning Act. Public Houses do not benefit from any permitted development rights.

Former Member, modified 16 Years ago.

Smoking shelter

If this structure is visible from public vantage points outside the cutilage of the pub then in my opinion there can be no doubt that it materially effects the external appearance of the property and as stated in the earlier response no permitted development rights exist for it, therefore it is development requiring planning permission. There is case law on external appearance pincipally Burroughs Day v Bristol C.C. reported in Journal of Planning Law Feb 1997 page 105