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APPLICATION:       MA/12/0296         Date: 17 February 2012 Received: 17 February 2012

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

●  The Council is the applicant.

1.0    POLICIES

·         Maidstone Borough Wide Local Plan 2000: ENV8.

·         The South East Plan RSS 2009: BE1.

·         Government Policy:  PPG19 – Outdoor Advertisement Control.

2.0    HISTORY

2.1     There is no relevant planning history for the site. 

3.0    CONSULTATIONS

3.1     PARISH COUNCIL:  Not applicable.

3.2     CONSERVATION OFFICER: Raises no objection.

4.0    REPRESENTATIONS

4.1     NEIGHBOURS: No response received to date.

5.0    CONSIDERATIONS

5.1     Site and Surroundings

5.1.1  The application site is a public car park, which is located within the urban area of Maidstone.  There are dwellings to the north and Holy Trinity Conservation Area lies to the south.

5.2     Proposal

5.2.1  Advertisement consent is sought for the installation of one non-illuminated free standing poster case, to be mounted upon a post.  It would measure 1.6m x approximately 1m and would be sited 0.3m above ground level.  The frame would be Maidstone Borough Council’s corporate blue.  I understand that it would be used for general advertising (rather than specifically Council business) and that what it advertises may be subject to change.

5.3     Assessment

5.3.1  The most relevant policy under the Maidstone Borough Wide Local Plan 2000 is Policy ENV8 which permits new advertisements provided that, in terms of scale and design, they would not be detrimental to the character and appearance of the surrounding area.  In addition, PPG19 requires consideration to be given to the issues of visual amenity and public safety, and, indeed, visual amenity and public safety are the only considerations under The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

5.3.2  The proposed sign would not be of an excessive scale, nor would this single sign result in a proliferation of advertisements, but at the same time it would not be out of character as there is existing signage at the car park and this is the type of location where one might expect to see signage.  The fact that it is not illuminated would render it less prominent.  I am satisfied that, in this urban location, the sign, of this type and scale, would not cause significant harm to visual amenity.  It would not cause harm to the setting of the Conservation Area, because it would be sited to the north of the car park, where it would not be seen in the context of the Conservation Area.

5.3.3  Due to the type of sign and the siting, I do not consider that it would cause significant harm to public safety.  It would be set back from the exit of the car park, so would not significantly affect highway safety.

6.      CONCLUSION

6.1     Taking all of the above into account, it is considered overall that the proposal complies with Development Plan policy and the Central Government guidance as set out in PPG19.  I therefore recommend approval subject to the conditions set out below.

7.0    RECOMMENDATION

GRANT ADVERTISEMENT CONSENT subject to the following conditions:      

1.   (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.

2.   The advertisement(s) for which consent is hereby granted must be removed in accordance with condition 1 (iii) within five years of the date of this consent;

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 the South East Plan 2009) and there are no overriding material considerations to indicate a refusal of planning consent.