A POPULAR restaurant in Colchester has been denied planning permission after it put up railings on its new dining terrace without permission.
Pavilion Restaurant, in Middleborough, opened its rooftop garden dining experience back in May.
Owner Elysium Group was given licencing permission by Colchester Council.
The roof garden, which is 3000sqft, is the first of its kind in the town.
The firm installed 1.2m high black railings around the roof terrance and carried out roof strengthening works.
It was subsequently asked by Colchester Council to apply for permission and listed building consent for the works.
This is because Pavilion, which offers a Pan-Pacific inspired menu, incorporates the Grade II Listed building Bridge House.
Neither the railings or roof engineering strengthening involved works to the listed building.
Read more >> Popular restaurant will launch Colchester's first ever rooftop garden dining experience
In a planning statement Pavilion had said: "The works would impose no adverse impact on the key attributes of the Conservation Area nor on skyline views.
"The proposal does not involve works to ‘Bridge House’ nor introduce features that diminish what are already limited views of the heritage asset, nor impact on its setting.
"The addition of the railings has no negative or harmful effect on the established relationship between the most important courtyard façade and the Listed Building."
But the council disagreed.
In the planning decision it said: "The proposed railings represent an intrusive and conspicuous built form that results in a discordant and incongruous addition within the street scene.
"Consequently, the railings have a harmful effect on the setting and character of the listed building and the conservation area.
"Whilst the harm identified is less than substantial, no public benefits have been identified to justify approval in this instance."
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