The Pavilion Restaurant, in the Grade II listed building Bridge House, became the first venue in Colchester to offer a roof garden when it unveiled it in May 2021.
Owner Elysium Group was granted licencing permission by Colchester Council to open the impressive 3,000sqft venue.
However, The Gazette revealed yesterday 1.2m high black railings surrounding the rooftop terrace were installed without planning permission, and roof strengthening works undertaken without consent, and therefore now must be torn down.
Elysium Group appealed against the decision before it was dismissed by the Planning Inspectorate.
Inspector Geoff Underwood said the railings “interfere with views of the upper parts of the listed building”.
He also concluded: “The development fails to preserve the Grade II listed building and the character and appearance of the conservation area.”
Colchester Council has since said the whole of the safety balustrade must now be removed as well as decorative items such as planters, umbrellasand artificial trees.
A spokesman said: “The balustrade, which was installed without planning permission, has been joined by planters, umbrellas, and artificial trees, which has further compounded the harm to the building’s significance.
“The inspector concluded that the balustrade interrupts how the listed building is experienced, adding an enclosure to those aspects of the roof and gable that were previously unencumbered in views.
“This diminishes the part of the building’s significance that relates to its visual separation from the modern extension.
“The council has a statutory duty to preserve the special interest of listed buildings, together with their setting and any features of special interest which they may possess.
“The council has therefore decided to seek the removal of the balustrade and associated paraphernalia.
“If the building owner does not co-operate, the council has the power to enforce the removal of the balustrade.”
The council later clarified this is not only in reference to the railings, but all planters, umbrellas, artificial trees and any other paraphernalia.
The council said this is to “reinstate a clean and uncluttered roofline”.
Elysium Group was contacted for comment but did not respond at the time of going to press.