Lytham gastropub The Deacon fined £50k over 'unlawful canopy' built in town's conservation area

Christopher Turnbull, the owner of the Deacon in Clifton Street, pleaded guilty at Preston Magistrates Court after failing to comply with an enforcement notice from Fylde Council.

The council ordered the 60-year-old businessman to dismantle the ‘unlawful’ enclosed canopy and other fixtures at his restaurant, formerly the RBS bank, after it was built without permission five years ago.

Planning permission had been granted by the council in 2018 for an ‘open-sided covered eating area’ to be created to the front of the restaurant, facing Clifton Square. But Mr Turnbull chose to erect an enclosed extension with glazed side panels instead.

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A subsequent planning appeal was dismissed with an independent planning inspector agreeing with the Council that the extension was “harmful to the character of the conservation area in which it is located”.

The council said Mr Turnbull ignored its order to remove the unauthorised glazed sides, despite the local authority allowing an additional period of time for the remediation works to be carried out during and immediately following the Covid 19 pandemic, in recognition of the difficult trading environment at the time.

‘Guilty’

Turnbull and his company, 64 Developments Ltd, pleaded guilty at Preston Magistrates Court to failing to comply with an enforcement notice requiring him to dismantle the canopy.

The court heard Turnbull had not removed the canopy even after a government inspector had ruled that it should be taken down within six months because of the harm it allegedly caused to the character and appearance of the area.

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Turnbull and his company were fined a total of £50,356 and ordered to pay prosecution costs of £7,145.

District Judge Goodwin told Turnbull she was satisfied that he had deliberately ignored warnings from the council and pressed ahead with their development in “a flagrant, commercial, deliberate breach”.

She considered that the financial penalty merited by the offence was £75,000. However, taking into account the guilty pleas, she reduced the fine.

Welcoming the fine, councillor Richard Redcliffe, deputy leader of Fylde Council and chairman of its planning committee, said: “The council always tries to work with local businesses to help ensure our towns remain prosperous and vibrant.

“However, that has to be balanced with protecting the historic environments of our town centres.

“We hope that the prosecution and fine shows that there will be serious consequences if a business decides simply to ignore planning rules and the interests of the community in pursuit of profit.

“We look forward to the prompt completion of the works necessary to ensure full compliance with the Enforcement Notice”.

The Deacon was approached for comment.