American fast-food chain Popeyes is known for its eye-catching orange colour scheme. However, the shop front it erected on its restaurant in Ealing was one step too far - it was put up in a conservation area without planning permission.
An enforcement notice was issued on 9 January 2023 and required the new orange shopfront to be removed completely, including the supporting wooden structure underneath the shopfront and the Popeyes signage. PLK Chicken Ltd decided to appeal against the notice under the Town and Country Planning Act 1990 on the grounds that:
The issue lies in that the property is within the Ealing Town Centre Conservation Area, consisting of Victorian and Edwardian architectural heritage with a mix of red brick, stone dressings, slates or flat tiles. The Conservation Area Management Plan states that 'Shopfronts should attempt to follow the precedents set by those around them and the architecture of the building in which they sit.' The restaurant itself sits within a contemporary building built in 1985, and the adjacent properties have glazed shopfronts with dark panelling.
Whilst the Popeye site is also mainly glazed, the orange panelling was considered to be "garish" by the planning inspector dealing with the appeal, making it at odds with the "design, proportions and muted color schemes of the neighbouring shopfronts." Ultimately though, and considering other elements of the design, the development did not preserve the character and appearance of the building nor the Conservation Area. Counter arguments put forward by Popeyes were not considered to outweigh the harm identified.
Whilst an alternative design was proposed by Popeyes, the inspector felt it would only overcome some of the harm. In addition, not enough detail was provided on the design of the alternative shopfront to be sure all of the impacts were addressed.
As a result, the inspector rejected the appeal on both grounds. Firstly, planning permission should not be granted and the enforcement notice has been upheld. Secondly, the steps listed in the enforcement notice are appropriate to fix the breach of planning control.
