Rejection for ‘incongruous’ Walsall car park food court

Owners of a roof-top food court and cinema which has been operating without planning permission for a year have been told to cease operations, after council planners threw out a retrospective planning application.

Applicant UK land and Homes Ltd saw their proposals for the George Street multi-storey car park in Walsall turned down by the local authority’s planning committee – who said the scheme had not demonstrated that fire crews would be able to access the site in an emergency.

However, UK Land and Homes accused Walsall Council of having a “closed mind” toward the scheme, arguing that it had brought an underused rooftop prone to anti-social behaviour back into active supervised use, and that jobs had been created through the operation.

In their submission to the committee, the applicant said the scheme was a “well-considered, sustainable design” that made use of an existing asset, helping to “revitalise” the town centre, with a total of 71 comments received in support of the scheme.

However, while Walsall’s planning officers admitted that the scheme had been successful in gaining public support, and provided opportunities for local food businesses, they said the scheme was unsuitable due to its location on the upper floors of the car park.

“While the general principle of a food court within a town centre location is supported by the development plan, the siting of such a use on the rooftop of an existing multi-storey car park raises fundamental concerns in respect of its ability to meaningfully contribute towards the vitality and viability of the centre,” it said.

“The overall design approach is viewed as poor in quality, with the introduction of temporary-style structures and associated infrastructure, including visible foul pipework discharging from the car park roof which is then suspended mid-air to a new manhole of severely poor workmanship.”

The scheme had received objections from the council’s highways team, as well as an objection from West Midlands Fire Service, who said the application had failed to demonstrate that safe and reliable access would be available for firefighting in the event of an emergency.

A refusal notice issued by Walsall Council following their planning meeting on Friday, 24 April, described the scheme as a “physically detached and elevated form of development”, rejecting the proposals on eight separate grounds.

“Attempts have been made to engage with the applicant with all relevant consultees where it was advised to withdraw the application and submit pre application advice to determine whether any other suitable development was acceptable. This was not taken up by the applicant and therefore the application must be refused,” added the officer’s report.

Documents and plans relating to the scheme can be found on Walsall Council’s planning portal under reference: 25/1272