Takeaway Order For Brighton Chippy's Tiles After Appeal Fails

A fish and chip shop owner will have to remove a “jaunty” tiled shopfront after losing a planning appeal.

Moussa Salama, who owns Fish and Chips, in Preston Street, Brighton, took his case to the Planning Inspectorate after Brighton and Hove City Council turned down a retrospective application to change the shopfront.

The distinctive tile cladding, a metal flue and a glass balustrade will have to go, with Mr Salama also having appealed against an enforcement notice issued by the council.

The council’s decision was made by officials rather than the councillors who sit on the council’s Planning Committee.

In its decision, the council said that the shopfront was “poorly designed” and “at odds” with the character of Preston Street.

Heritage officials objected to the application because the building’s location in the Regency Square Conservation Area, opposite the grade II listed 5 Preston Street. It also backs on to grade II* listed buildings in the square.

The heritage team said:

“The previous seating allowed the wide pavement and ‘open’ nature (in visual terms) of the existing seating area to blend relatively seamlessly with the wide pavement and views up and down Preston Street.

“The existing appears crude, poorly designed and at odds with the appearance of the front elevation and other seating areas in Preston Street. The flooring now interrupts the material palette with an unsuitable pattern.”

In his appeal documents, which were prepared by his agent Lewis and Co Planning, Mr Salama said that the conservation area focused on nearby Regency Square rather than Preston Street.

He said:

“The seating area coupled with the glossy tiling to the front of the building present a jaunty ‘seaside’ aesthetic appropriate to its location a stone’s throw from Brighton beach.

“With Preston Street being a popular, vibrant commercial thoroughfare, particularly busy during the evenings, the use of glossy finishes and an eye-catching design for the floor tiling is considered appropriate to the area’s established commercial character.”

The planning inspector, Andrew Steen, said that the tiles of Fish and Chips were “particularly prominent” and harmed the character of the conservation area.

Mr Steen said:

“The prominence of the materials used on Fish and Chips and the industrial character of the flue distracts from that element of the listed terrace.

“As a result, it diminishes the contribution that setting makes to the significance and special interest of the listed building.

“For these reasons, I conclude that the tile cladding, raised platform with ramp and steps, glass balustrade with metal handrails and the flue do not preserve the contribution that setting makes to the special interest of the listed building at 5-20 Regency Square such that it harms the significance of the listed building as a heritage asset.”