THE owners of a greetings card shop have been ordered to tone down the colour of their listed building, despite the support of a 1,500-name petition.
Peter and Ann Lown have run Castle Cards in Barnard Castle for 12 years but fell foul of Teesdale District Council in November when they gave the three-storey shop front a pink and purple facelift.
As reported in the D&S Times, the couple were forced to ask the authority for retrospective permission after receiving a letter from the planning department saying that unauthorised works to a listed building was a criminal offence.
Mr and Mrs Lown then began canvassing customer opinion about the colour scheme, which resulted in 1,500 signatures of support. The pair were therefore disappointed to receive the latest letter from the council saying that permission to retain the colours had been turned down under the authority's delegated powers as they were detrimental to the townscape.
"We have received a lot of favourable comments about the scheme and understood our application was to be dealt with by the planning committee," said Mrs Lown. "In the original letter the planning officer said he would recommend refusal, but he also said that was only his opinion and councillors might vote differently. But they have not had the chance."
Planning officer David Hand told the D&S Times that the department had certain delegated powers, determined by the council, and it was not unusual for a case to be dealt with in this way, even one that had received such a lot of publicity.
"We can do a refusal under delegated powers if we have the signature of the chairman of the planning committee," he said. "However, the applicants do have the right of appeal.
"It all comes down to whether the colours are acceptable on a listed building," he added. "You have to look at each case on its merits. It could be that those colours might be deemed acceptable on a detached listed building in an isolated situation. But this one is part of a terrace in the centre of Barnard Castle and has to be looked at in relation to the townscape."
He admitted there had been little objection to the scheme.
The chairman of the planning south committee, Coun Robin Simpson, whose signature was required to refuse permission, said: "If ward councillors felt the matter should have been dealt with by the planning committee, it was up to them to come forward. But none asked for that to be done. The view of the planning officers was that these colours were not acceptable within a conservation area on what is part of a bigger building and I took their advice."
Mr and Mrs Lown are taking legal advice but say they will definitely appeal against the decision
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