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.
