North Yorkshire Council
Community Development Services
Scarborough and Whitby Area Planning Committee
13th August 2026
26/01545/LB - Retention of an existing mural and further extension to it at 3 West Square, Scarborough, North Yorkshire, YO11 1TW on behalf of North Yorkshire Council
Report of the Head of Development Management –
Community Development Services
1.0 Purpose of the report
1.1 To determine a listed building consent application (26/01545/LB) for the retention of an existing mural and a further extension to it at 3 West Square, Scarborough, North Yorkshire, YO11 1TW.
1.2 In accordance with the Constitution, the application has been brought to Scarborough and Whitby Area Planning Committee as the Council is the applicant.
2.0 SUMMARY
2.1 RECOMMENDATION: Listed building consent be GRANTED subject to the conditions listed at the end of this report.
2.2 The primary significance of the Grade II listed building of 3 West Square is its principal elevation that faces West Square itself. The existing mural and its extension do not harm the way in which the principal elevation of the building is appreciated, given it is on the side facing gable onto Westborough. Therefore, there is no harm to the significance of the Grade II listed building as a heritage asset.
2.3 The proposal is considered to comply with Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Local Plan Policy DEC5 and Section 16 of the NPPF.
3.0 PRELIMINARY MATTERS
3.1 Access to the case file on Public Access can be found here.
Relevant planning history
3.2 SCA17/00432/LB - listed building consent granted for external wall insulation (100mm thick); this has been implemented, and the mural has been painted onto this surface.
4.0 Site and Surroundings
4.1 The application relates to the southern gable elevation of 3 West Square, Scarborough. This is a Grade II listed building and is also part of a group of 6 buildings within West Square that are also Grade II listed. There are several other listed buildings in the vicinity including Scarborough Station, the Stephen Joseph Theatre (formerly the Odeon Cinema), the K6 telephone kiosks and Westborough Methodist Church.
4.2 In terms of context, the site lies adjacent to Westborough and West Square. The site is surrounded by a range of town centre uses including leisure (notably the Stephen Joseph Theatre to the north), Scarborough Railway Station, retail, other commercial uses, and residential units. The property itself is in residential use.
4.3 With respect to planning designations and constraints, the application site is within the Scarborough Town Centre Area and is immediately adjacent to the Primary Shopping Area, both defined in the Scarborough Borough Local Plan. The application site also lies within the Scarborough Conservation Area.
5.0 Description of Proposal
5.1 The application seeks listed building consent for the retention of a wall mural painted on the south gable elevation of 3 West Square and proposes its extension across the building’s rear yard south boundary wall. The paint will be a mineral-based silicate.
5.2 The mural depicts a painted map of Scarborough and Eastfield, with the sea and the civic crest of Scarborough.
5.3 The mural is not considered to be an advertisement, nor does it require planning permission, and, therefore, only a listed building consent application has been submitted.
6.0 Planning Policy and Guidance
6.1 Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires that, in considering whether to grant listed building consent for any works the Local Authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
Adopted Development Plan
6.2 The Adopted Plan for this site is the Scarborough Borough Local Plan 2011 to 2032 adopted 2017. The relevant Local Plan Policy is Policy DEC5: The Historic and Built Environment.
Emerging Development Plan – Material Consideration
6.3 The North Yorkshire Local Plan is the emerging development plan for this site though no weight can be applied in respect of this document at the current time as it is at an early stage of preparation.
Guidance – Material Considerations
6.4 National Planning Policy Framework 2025
The Government began a consultation exercise on a new draft of the NPPF. The consultation exercise has now concluded. Whilst draft proposed changes to national policy can be treated as a material consideration, Officers are of the view that given that this is only subject to consultation and represents no change from current policy and no more than negligible weight should be given to the suggested change/ changes.
7.0 Consultation Responses
7.1 Scarborough Town Council – supports the application.
7.2 Building Conservation Officer - no objection. There is no harm identified to the significance of the heritage assets.
7.3 Local representations – 2 objections have been received. In summary, they state that the existing mural is of poor quality and does not showcase the cultural and artistic talent in and around Scarborough. It is on a prominent wall and should not be extended.
8.0 Environmental Impact Assessment
8.1 The development proposed does not fall within Schedule 1 or 2 of the Environmental Impact Assessment Regulations 2017 (as amended). No Environmental Statement is required.
9.0 Main Issues
9.1 In line with the point of law set out at Section 6 of the report, the only consideration for this listed building application is whether the works preserve the Grade II Listed Building of 3 West Square or its setting or any features of special architectural or historic interest which it possesses.
10.0 Assessment
10.1 Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires that in deciding applications the local authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
10.2 Local Plan Policy DEC5 (The Historic and Built Environment) states that proposals affecting a designated heritage asset should conserve those elements which contribute to its significance. Harm to such elements will be permitted only where this is outweighed by the public benefits of the proposal.
10.3 Section 16 of the National Planning Policy Framework (NPPF) sets out the Government's national planning policies for dealing with applications which impact heritage assets.
10.4 Paragraph 212 of the NPPF states:
When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.’
10.5 Paragraph 215 of the NPPF states:
Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.
10.6 3 West Square with its exposed south gable elevation, occupies a highly visible and prominent position on Westborough. It forms part of important established sightlines along Westborough, and has a notable visual presence, since the redevelopment of Westborough road network in the 1930s.
10.7 The gable end is positioned directly opposite the entrance forecourt to Scarborough Railway Station which acts as a key point of arrival to the town by rail, bus, and road, and which is widely recognised as the principal ‘gateway’ or ‘front door’ to Scarborough. It is also positioned directly west of the Stephen Joseph Theatre and a pair of K6 telephone kiosks near one of the town’s most significant crossroads.
10.8 The current substrate to the southern gable elevation is modern in composition, following listed building consent in 2017 for the installation of approximately 100mm of external wall insulation to the underlying cement-rendered brickwork. The cement render to the south boundary wall of the rear yard remains in situ.
10.9 The existing portion of the painted mural has not resulted in the loss or altered historic fabric, and the proposed extension will not remove or alter historic fabric to the rear yard wall.
10.10 The primary architectural and aesthetic interest of the building is drawn from its principal elevation and its contribution to the West Square streetscape. The mural does not harm the way in which the principal elevation that faces West Square of the building is appreciated.
10.11 This southern gable elevation comprises modern materials, having been subject to the application of external insulation and subsequent repainting due to weathering and deterioration over time, so the existing mural does not adversely impact on the historic fabric and the proposed extension, along the side boundary wall is not considered to adversely affect the special architectural or historic interest of the building.
10.12 The Council’s Building Conservation Officer has raised no objection and agrees that the proposal does not harm the significance of this heritage asset.
10.13 The objections from the third parties are noted, but Officers consider there is no harm to the significance of the Grade II listed building as a heritage asset and the proposal is considered to comply Local Plan Policy DEC5 and Section 16 of the NPPF.
11.0 Planning Balance and Conclusion
11.1 The significance of the Grade II listed building of 3 West Square is its principal elevation that faces West Square itself. The existing mural and its extension do not harm the way in which the principal elevation of the building is appreciated, given it is on the side facing gable onto Westborough. Therefore, there is no harm to the significance of the Grade II listed building as a heritage asset.
11.2 The proposal is considered to comply Local Plan Policy DEC5 and Section 16 of the NPPF.
12.0 RECOMMENDATION
Listed building consent be GRANTED, subject to the following conditions:
1) The works hereby permitted shall begin on or before three years from the date of this permission.
Reason: To ensure compliance with Section 18 of the Planning (Listed Building and Conservation Area) Act 1990.
2) The development shall be carried out in accordance with the details shown on the following approved plans, unless the Local Planning Authority first approves any variation:
Site Location Plan – received 26th 2026.
Proposed Extend of Mural drawing – received 26th March 2026.
Reason: For the avoidance of doubt.
Target Determination Date: 17th August 2026
Case Officer: Charlotte Cornforth
Email: Charlotte.Cornforth@northyorks.gov.uk