Shop owner 'picked on' in listed building row

A shop owner who put up signage on a listed building without permission said he feels "picked on" after being warned by the council he could face arrest.

Paul Clarke and his brother, David Clarke, opened Clarke Aquatics in July in a Grade II listed building on Port Street, Evesham.

But before the shop's grand opening, Paul received a call from Wychavon District Council instructing him to remove some of the window coverings after failing to secure planning permission.

Ian MacLeod, from the council's planning and infrastructure department, said: "We want all businesses in our district to thrive, however, we also have a duty to ensure we apply the rules consistently and fairly to everyone."

Addressing the dispute, Paul said: "We admit it's a listed building which we didn't realise we needed various consents [for] originally."

"Essentially, what we've got is window coverings to cover the windows where we have [fish] tanks behind.

"Part of our licensing is to stop any natural daylight coming into the tanks. So we've put insulation boards on the windows to keep it the right temperature."

Three days after putting up the covers and signage, the business was contacted by the council.

"It was a phone call to tell me I'll be arrested," Paul said. "By the end of the phone call I was crying down the phone.

"It was horrible and it's put so much stress onto us. The amount of money we've spent doing it when we're just trying to brighten the street up.

"We just wanted to bring something nice to the town. We just feel like we've been picked on, to be honest."

Paul has estimated the cost of putting up the signage was about £2,000 and said it could be a similar amount to remove the same signs.

"A few times we have just thought about closing it and going somewhere else, but it's the cost.

At the time of writing, the signage and covers remain in place and Paul said the business is attempting to seek retrospective planning permission.

MacLeod explained that, following an investigation, the council found the business had installed the fixtures without the necessary permissions.

He said: "Listed building consent had not been obtained and the signage does not benefit from deemed consent, meaning planning permission is required.

"Port Street is within a conservation area and we have taken similar action with other businesses in the area to help protect and improve its appearance."

He added the council would continue to work with the owners to resolve the issue.

But Paul said that, in his opinion, this was "one of the main reasons why a lot of high streets are going into decline".

He said: "It's because of the regulations and the bits that you have to do. People just don't want to do it.

"If we were in a new building or in a country park or a business park, we wouldn't be having these problems.

"People need to be aware it's the laws that are the problem with heritage and buildings, and really, that's what needs changing."

A spokesperson for Historic England told the BBC: "Listing is a way to recognise and celebrate our most special historic buildings and places.

"Crucially, it doesn't prevent change or freeze a building in time, but it means that proper consideration and any necessary consents are needed for changes which might affect its special interest."

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