406-410 Beverley Road, Kingston upon Hull

appeal 6009228·Kingston upon Hull·22 September 2026dismissed
Decision
dismissed, 22 September 2026
Decided by
Planning Inspector: A Hunter
Authority
Kingston upon Hull (Yorkshire and the Humber)
Appeal reference
6009228
Application reference
25/01099/FULL
Procedure
written representations
Development
Retention of metal fencing and canvas canopies (attached and free-standing) and proposed metal storage racking to a shop forecourt
Site context
inside settlement, conservation area
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
HE6, DP3, TR6(4), S4(2)(c)
Development plan policies
Hull Local Plan 2016-2032 Policies 14, 15, 16, 19, 26, 28, Beverley Road CA Appraisal and Management Plan 2025
Main issues
conservation area; highway safety; inclusive access; crime

Summary

Retrospective shop canopies, a free-standing canopy and proposed storage racking on the forecourt of a three-unit shop in the Beverley Road Conservation Area, Hull. The appeal was dismissed on conservation-area harm (HE6) and highway safety (TR6(4)). The S4 presumption was displaced through S4(2)(c) because DP3 and TR6 were treated as policies saying development "should be refused".

Issues and findings

Planning balance

TC2 and L2 substantial weight, plus S3/S4, were on the benefit side (DL ¶35). "Policy S4 criterion 2 c. states that failing to comply with one of the national decision-making policies that state development proposals should be refused, is likely to mean the benefits of a proposal are outweighed … the conflict with Policy DP3 … the unacceptable highway safety impacts and conflict with Policy TR6 …, that both state development should be refused, along with the conflict with Policy HE6, strongly indicate to me that the benefits … including the substantial weights set out above … are outweighed by the adverse effects" (DL ¶36).

What made the difference

The CA management plan specifically targets unauthorised canopies, and the retained dropped kerb created a credible parking risk on a busy road. Two "should be refused" policies (DP3, TR6) engaged S4(2)(c). Once that happened, the TC2 substantial weight could not rescue the scheme. Traditional-design canopies would probably have avoided the heritage objection.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
HE6harmcanopies and racking fail to preserve the CA; business-viability and active-frontage benefits given limited weight and do not outweigh (DL 15-17)
DP3conflictfails to respond to history and character of the terrace (DL 18)
TR6(4)failretained dropped kerb, small forecourt parking and supports near pavement edge beside a cycle lane on a busy road - unacceptable highway safety impact (DL 20-24)
TC2benefitsubstantialsubstantial weight to supporting town-centre vitality and local shops, and L2 better use of land (DL 35)
S4(2)(c)failDP3 and TR6 treated as "should be refused" policies; with HE6 conflict, benefits outweighed (DL 36)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.