Pub wins patio heater appeal

Attempts by councils to ban pub patio heaters on environmental grounds have been dealt a heavy blow.

A Government planning inspector has ruled patio heaters an efficient use of energy as he overturned a decision by Brighton & Hove City Council to refuse planning permission for a heater outside a town-centre pub.

The council argued the heaters did not comply with its energy-efficiency policy. But the planning inspector said there was "no more efficient way" of outside heating, and added it could negatively impact trade.

Although his decision is not binding on other councils, the inspector's ruling may influence other local authorities who want to restrict use of outdoor heaters.

The council rejected the application from the Heart & Hand in North Road to use three heat lamps outside, labelling them "an inefficient, unsustainable and wasteful use of limited energy resources".

It said they would look unsightly in a conservation area.

Planning inspector Simon Emerson said: "I do give some weight to the need for a business to attract and retain customers and to the role of pubs for many people as a social venue."

He added: "On balance I consider that the proposal does not rep-resent an inappropriately wasteful or inefficient use of energy."

MA legal editor Peter Coulson said: "This is an important decision, but it is not binding on other councils. It would need a decision from the High Court in order to set a national precedent."

A spokesman for Brighton & Hove Council said: "The policy we used as a basis to refuse the application states the need for energy efficiency in all sorts of developments. We felt that outside heaters were inefficient and therefore conflicted with this policy.

"But, we are happy to accept the decision of the inspector as it provided us with some useful clarification and, as a result, we are not expecting to refuse these types of application in principle in the future."

Tony Holman, the managing director of Crown Awnings, called the move "a very positive decision" saying "that planners have accepted that this is the most efficient way of heating is a positive step."

But he added that "until the Local Authorities Coordinators of Regulatory Services (Lacors) issue guidelines, councils will continue to do their own thing."

Meanwhile, there has been little movement from MEPs since last February's vote to phase out energy-inefficient appliances "such as patio heaters".

The heaters aren't considered the worst offenders in terms of environmental impact, but may, at a later stage, require a redesign to improve their environmental performance.