Signage on Grade 2 listed building without consent, (ex White Horse, 1 High Street, Biggleswade)

email to CBC dated 6th January 2015:

I understand that you have been involved in planning applications for this building, CB/14/01352 Full & CB/1401353/LB.

 

The building which is listed as being a Grade 2 building set within the Biggleswade Town Centre Conservation  has today signage, similar to below, across the front of the building announcing that it is the new showrooms for:

who are at this time are around the corner at 10 High Street and have a sign in their window announcing they are moving to 1 High Street.

 

I assume that the change to retail from a public house is permitted but I have not seen any application for advertising signage which is required in a conservation area.

 

Perhaps you can look at this please and advise.

Response from CBC, 7th January 2015:

The legislation in England for the control of advertisements is set out by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended). These regulations outline advertisements which have been given Deemed Consent by the Secretary of State subject to standard conditions and those which require Express Consent from the Local Planning Authority or the Secretary of State (if appealed). Additional restrictions apply to those advertisements within Areas of Special Control and in some cases Conservation Areas although the allocation of one does not follow the other.

The site in subject is located within a Conservation Area whereby illuminated advertisements on business premises will require Express Consent, but it should be noted that the Biggleswade Conservation Area is not an Area of Special Control.

Non-illuminated advertisements displayed on business premises wholly with reference to any or all of the following: the business carried on, the goods sold or services provided, or the name or qualifications of the person carrying on the business, or supplying the goods or services, on those premises; have been granted Deemed Consent through the Regulations subject to the advertisement not exceeding the relevant limitations or conditions of the Deemed Consent and that the development would comply with the standard conditions.

The Limitations and Conditions of Deemed consent for such non-illuminated advertisements are (note the site is not in a area of Special Control):

1.     In the case of a shop, no advertisement may be displayed except on a wall containing a shop window.

2.     In an area of special control, the space occupied by the advertisement may not exceed one-tenth of the overall area of the face of the building on which it is displayed, up to a height of 3.6 metres from ground level; and the area occupied by the advertisement shall, notwithstanding that it is displayed in some other manner, be calculated as if the whole advertisement were displayed flat against the face of the building.

3.     Illumination is not permitted unless—

(a)   the advertisement states that the services of a practitioner in human health or a veterinary surgeon are available at the premises on which the advertisement is displayed, or that medical or veterinary supplies are available there;

(b)   the illumination—

                                      i.        is by static means,

                                     ii.        includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

                                    iii.        is in a manner reasonably required to fulfil the purpose of the advertisement; and

(c)    the levels of luminance do not exceed the levels set out in paragraph 2 of Part 2.

4.     No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

5.     No part of the advertisement may be higher above ground level than whichever is the lower of—

(a)   4.6 metres, or 3.6 metres in an area of special control; and

(b)   the bottom level of any first floor window in the wall on which the advertisement is displayed.

6.     The area of an advertisement consisting of a single placard or poster shall not exceed 1.55 square metres.

The Standard Conditions are:

1.     No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

2.     No advertisement shall be sited or displayed so as to—

(a)   endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

(b)   obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(c)   hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

3.     Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

4.     Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

5.     Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

Therefore subject to the sign complying with the above Limitations and Conditions and the Standard Conditions, the advertisements may not require express advertisement consent. However the Building in question is a Listed Building whereby it is considered that the erection of advertisements on the exterior of the building would require Listed Building Consent. I will pass the matter to Planning Enforcement to investigate.

CBC Planning Enforcement Officer email 19th January 2015:

The above matter has been investigated and I can advise you that the change of use of the building from public house to retail is a permitted development and did not require planning permission. I have noted the non-illuminated signs on the front and north elevations of the building, and I can confirm that express advertisement consent is required for the side elevation sign only. However, because the building is Grade II listed, Listed Building consent is required for attaching the signs. The Conservation Area location does not affect this position

I have written to Loline Interiors to advise them of the position and expect that retrospective applications will be submitted for the unauthorised work and display.