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APPLICATION:       MA/10/0883         Date: 19 May 2010         Received: 21 May 2010

The recommendation for this application is being reported to Committee for decision because:

●  The Council is the applicant

1. POLICIES

Maidstone Borough-Wide Local Plan 2000: ENV8
South East Plan 2009: BE1, BE6
Village Design Statement: N/A

Government Policy: PPS5, PPG19

1. HISTORY

There is extensive planning history, the most recent and relevant being:

2.       CONSULTATIONS

3.1     MBC Conservation Officer: No objections to the temporary display of the adverts on the site hoarding during the contruction works.

3.       REPRESENTATIONS

4.1     No representations received

4.       CONSIDERATIONS

4.1       Site Description

5.11   The application relates to an existing temporary construction hoarding that has been erected to screen the construction site for the development at the East Wing of Maidstone Museum. The hoarding does not require planning permission.

5.1.2   The hoarding is sited within the Chillington House Conservation Area and faces across St Faith's Street, the Grade II listed Almshouses.  It is clearly visible from the public landscaped open urban space on St Faith's Street adjacent to Fremlins Walk.

5.2     Proposal

5.2.1  This is an application submitted by the Council. Advertisement consent is sought to fix four non-illuminated poster panels advertising the museum and two directional sign panels to the temporary construction hoarding. The application form makes it clear that consent is sought for their display until 1 September 2011.    

5.2.2  Each panel would be 2.3m in width and 1.22m in height and mounted 1m from    ground level, leaving margins above and below the advertisement panels.     The colour of the text would be mainly orange and blue text on a white   background reflecting the Council’s corporate identity.

5.3     Assessment

5.3.1  Planning Policy Guidance 19, Outdoor Advertisements (PPG19) requires consideration to be given to visual amenity and public safety in considering applications for advertisement consent.

5.4     Visual amenity

5.4.1  In respect of visual amenity, the issues to consider are whether the proposed signs would cause visual harm to the surrounding area given that the signs are within a Conservation Area, adjacent to a Grade II* listed building and opposite the Grade II listed terrace block of Almshouses in residential use. The proposed signs are also clearly visible from the pedestrian access into Fremlins Walk and public open space opposite the Maidstone Museum, the eastern and western approach along St Faith's Street and the junction with Station Road. 

5.4.2  The signs are of an appropriate size and scale in relation to the background hoarding on which they are fixed. The panels would not be excessively prominent and would not harm the character of the Conservation Area, the setting of the Grade II* Maidstone Museum building or the Grade II almshouses opposite. There will also be no adverse impact on the public landscaped area outside Fremlins Walk. The Conservation Officer has raised no objections.

5.5    Residential Amenity

5.5.1  The signs would be some 18m from the almshouses opposite. Given that the signs are non-illuminated and are of an appropriate scale in relation to the hoardings on which they are sited, I conclude that there would not be significant harm to the residential amenities of the occupiers of the almshouses.

5.6    Highways

5.6.1  The signs are on existing temporary hoardings. In this respect, they would not obstruct the footway nor harm pedestrian safety. The signs would also not in my view distract drivers using St Faith's Street or Station Road. The advertisements would not therefore be detrimental to highway or public safety.

5      CONCLUSION

6.1 The proposed advertisements would not harm the visual amenity or character of the surrounding area, the Conservation Area or nearby listed buildings. There would be no harm to residential amenity. The signage would also not be detrimental to either highway or pedestrian safety. These conclusions are further reinforced by the fact that consent is only sought for a temporary period until 1st September 2011. The proposals therefore are considered to comply with Development Plan policy and government guidance.

6.2 As the consultation period of the application does not expire until 1 July 2010, I recommend that delegated powers are given to grant advertisement consent subject to the expiry of the consultation period and the conditions as set out below.

6      RECOMMENDATION

Subject to the expiry of the consultation period I BE GIVEN DELEGATED POWERS to GRANT ADVERTISEMENT CONSENT subject to the following conditions:

1.   The advertisements for which consent is hereby granted must be removed on completion of the construction site works, the removal of the construction hoarding or by 01 September 2011 which ever is the sooner;

Reason: In accordance with the provisions of Regulation 14 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

2.   (i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.

Reason: In accordance with the provisions of Regulation 14 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

The proposed development, subject to the conditions stated,  is considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000 and South East Plan 2009) and there are no overriding material considerations to indicate a refusal of planning consent.