Pavilion Colchester could be ordered to tear down railings

Pavilion Restaurant became the first venue in Colchester to offer a roof garden when it unveiled it in May 2021.

Owner Elysium Group was granted licencing permission by Colchester Council to open the impressive 3,000sqft venue.

But 1.2m high black railings surrounding it were installed without planning permission, and roof strengthening works undertaken without consent.

Trendy - Pavilion offers a Pan-Pacific inspired menu (Image: Pavilion)

Elysium Group was subsequently asked to apply for retrospective permission and listed building consent for the works.

This is because Pavilion, which offers a Pan-Pacific inspired menu, incorporates the Grade II listed building Bridge House.

When the restaurant's bosses applied for permission Colchester Council rejected it, stating the railings were “intrusive and conspicuous”.

It came despite Pavilion’s planning statement claiming its works would “impose no adverse impact on the key attributes of the conservation area nor on skyline views.”

Popular - Pavilion's rooftop garden terrace was opened in May 2021 (Image: Pavilion)

Elysium Group appealed against the decision and the Gazette can now reveal the appeal has been dismissed by the Planning Inspectorate.

Inspector Geoff Underwood said the railings “interfere with views of the upper parts of the listed building”.

His report said: “It interrupts how the listed building is experienced, adding an enclosure to those aspects of the roof and gable that were previously unencumbered in views and diminishes this part of its significance.”

Neither the railings or roof engineering strengthening involved works to the listed building, but Mr Underwood said they create an “uneasy relationship” with it.

Busy - Pavilion is based in Middleborough, Colchester (Image: Pavilion)

But the inspector said he recognised the “economic benefit” to the restaurant and the local economy as a result of increasing its capacity.

However, he concluded: “The development fails to preserve the Grade II listed building and the character and appearance of the conservation area.”

Elysium Group was contacted for comment but did not respond at the time of going to press.

Full council response:

Colchester Council is set to order the removal of railings installed on a restaurant’s rooftop garden.

The safety balustrade was installed by Pavilion at its premises in Middleborough, Colchester, without planning permission.

The Planning Inspectorate raised concerns about the balustrade’s impact on Grade II listed Bridge House, stating it is “harmful to its special interest”.

Colchester Council is now set to seek the removal of the installation.

A spokesman said: “The balustrade, which was installed without planning permission, has been joined by planters, umbrellas, and artificial trees, which has further compounded the harm to the building's significance.

“The inspector concluded that the balustrade interrupts how the listed building is experienced, adding an enclosure to those aspects of the roof and gable that were previously unencumbered in views.

“This diminishes the part of the building's significance that relates to its visual separation from the modern extension.

“The council has a statutory duty to preserve the special interest of listed buildings, together with their setting and any features of special interest which they may possess.

“The council has therefore decided to seek the removal of the balustrade and associated paraphernalia.

“If the building owner does not cooperate, the council has the power to enforce the removal of the balustrade.”