NEWS: Government Shuts Up Council Planners Over Shutters

MARK McLAUGHLIN
Evening News (Edinburgh)
September 30, 2010, Thursday

a JEWELLER has been told he can keep security shutters he fitted following a spate of attempted break-ins after appealing to the Scottish Government.

Mohammed Aslam, owner of Aslam Jeweller on Leith Walk, erected the shutters when his store was targeted by thieves several times, but he failed to secure planning permission.

The council issued an enforcement notice ordering him to take the shutters down on the grounds that they "fail to preserve or enhance the character and appearance of the conservation area".

However, the government's Directorate for Planning and Environmental Appeals has ruled that Leith Walk's "disharmonious" array of clashing shopfronts and tenements is in fact part of the street's character.

Appeals reporter David Buylla said: "Although the shop front is not particularly harmonious with the tenement block above, this is consistent with the established character and appearance of the conservation area and causes no harm."

Mr Aslam said he was "very happy" with the decision.

He added: "I would like to thank all of the members of the public and local businesses who have supported me. We would also like to thank our planning consultant Derek Scott."

Mr Scott, who compiled the planning application and appeal, said external shutters were the store's only viable security option.

He added: "I was delighted with the decision. My client had made a genuine error in installing the shopfront and associated roller shutters in the first place without the benefit of planning permission.

"Thankfully common sense has prevailed and the Reporter from the Scottish Government quickly recognised that the alterations did not detract from the character or appearance of the area and granted permission retrospectively.

"Whilst the Council's design guidelines on shop fronts and roller shutters still have an important role to play, this appeal decision clearly shows that they are only one of a number of considerations that need to be taken into account."

A council spokesman said: "When considering applications within a conservation area, the council has a statutory duty to assess whether the proposals preserve or enhance the character or appearance of that area. In our view, this proposal was contrary to adopted policies and guidance and was not acceptable. The Reporter, however, has taken a different view - as, of course, he is entitled to do - and we are currently considering the policy implications of his decision."