Whitby's The Middle Earth Tavern gets ‘retrospective’ permission to install balconies, despite objections

North Yorkshire Council has approved a planning application by the Church Street pub – for the installation of two doors and Juliet balconies at the first-floor front – which had already been installed.

However, the town council objected to the changes as it said it was an “inappropriate application for a listed building” and said that there were “safety issues regarding the proposed doors”.

According to a council report, the Grade-II Listed building has been changed from “a vacant and semi-derelict condition to a popular public house and restaurant” over the past few years.

A pavement café area was recently approved, however, the building has had “a chequered history of permission and refusals, including enforcement issues for unauthorised alterations,” according to the report.

Planning officers said that the first floor previously contained a row of five Georgian-style sash windows and an initial proposal was to replace the second and fourth windows with French doors that had glazed window panes resulting in an “odd appearance” and an “unusually low sill-height that was disproportionate”.

The new plan proposed inwardly opening French doors with a glazed element that “matches the position and proportions of the remaining windows” and when closed, the French doors “retain the appearance of a window with similar proportions”.

The scheme was commended by the authority as “maintaining the building in good order”.

However, Whitby Civic Society said that the alterations would “detract from the integrity of a listed building” and suggested that approval was “incompatible” with the council’s statutory duty to “preserve and enhance the character and appearance of the riverside”.

According to the report, the applicant, Jill Blackburn, said: “I thought the French doors would ventilate the building better than sashes for the benefit of customers post-Covid.

“All my previous applications had been approved so I didn’t realise this was against the law.”

She added: “The application is to regularise the situation, and keep me legal.”

The council report notes that an inspector recently dismissed an appeal relating to an “imposing cast metal and glass balcony supported on legs that ran across the front face of the building”.

Planning officers said that the applicant had sought to address the concerns of the planning inspector and that the proposed scheme was of “a much-reduced scale and therefore the impact is reduced”.

The planning authority stated that the balconies had an “uncluttered appearance” and would not unduly harm the setting of the listed building or the conservation area.

Planning officers concluded that the plan would enhance the use of the restaurant and preserve the character of the listed buildings.

Planning permission was granted by North Yorkshire Council subject to conditions.