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APPLICATION:       MA/12/0282  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.           POLICIES

·                     Maidstone Borough-Wide Local Plan 2000:  ENV8

·                     South East Plan 2009:  CC6

·                     Government Policy:  PPG19

2.      HISTORY

2.1    MA/97/4001 - Advertisement consent for display of 1 no. externally illuminated sign on north east elevation – Refused

2.2    MA/97/1337 - Advertisement consent for display of 1 no. externally illuminated sign on south east elevation – Split decision

(This was refused due to the style of illumination and scale of the proposed advert).

3.      CONSULTATIONS

3.1    None

4.      REPRESENTATIONS

4.1    No representations have been received

5.      CONSIDERATIONS

5.1     Site Description

5.1.1 This application site comprises a verge on the edge of a car park located on the western side of Barker Road which lies to the eastern side of the B & Q building.  The site is located within the urban area of Maidstone and lies within an area designated for employment development under policies ED1, ED7 and ED18 of the Local Plan 2000.  Barker Road is the main access route to the Lockmeadow leisure complex and also provides access to the recently developed riversides residential developments in Hart Street.

5.2     Proposal

5.2.1 Advertisement consent is sought for the installation of one non illuminated free standing poster case.

5.2.2 The proposed poster case would be constructed of aluminium and have a polycarbonate face. The proposed sign would measure 1.6m in height, 1.09m in width and 0.05m in depth.  This would also stand 0.3m above ground level.

5.3    Planning Assessment

5.3.1 The main issues to consider are whether the proposed signage meets the criteria of Policy ENV8 of the Development Plan. This policy allows new adverts provided that in terms of scale and design, they are not detrimental to the character and appearance of the surrounding area and do not pose a hazard to public safety. This follows government advice which is contained within PPG19. 

5.3.2 Under PPG19 it is stated that local planning authorities should have regard to the effect of an advertisement would have on the visual amenity of the immediate neighbourhood where it is to be displayed. It is also stated that LPA’s should also have regard to the effect an advertisement would have upon the safe use and operation of any form of traffic or transport on the land.

5.4    Visual Amenity

5.4.1  The proposed poster case is of modest size which would not appear visually obtrusive. A rectangular shaped sign, the proposed poster case would retain the appearance of a public notice which is not out of character with its surroundings and is what would be expected within a town centre location. In addition, it should be noted that a similar poster sign is already in place to the south of the proposed siting. The proposed materials of the poster case are considered acceptable and would not be detrimental to the area. The scale and siting of the sign is also considered to be acceptable.  In addition, the decision to not illuminate the sign is considered appropriate for this location.

5.4.2  It is noted that a previous application for advertising consent was partially refused previously MA/97/1337.  Permission was refused due to the proposed external illumination of the sign and its scale.  In this case, as discussed above, I consider that these issues would not apply to this proposal.

5.4.3  Overall the proposed sign is simple and of a modest size which would not cause harm to the visual amenity of the area. It is therefore considered acceptable in terms of impact upon visual amenity.

5.5     Public Safety

Given the proposed siting of the sign and its scale, I consider that this proposal would not present any highway safety implications to highway users or create any public safety issues to pedestrians.

5.6     Residential Amenity

There are no residential properties within close proximity of the proposed sign and in any case, as the sign would not be illuminated there would not be a detrimental impact upon neighbouring amenity.

6.      CONCLUSION

6.1     To conclude, for the reasons stated above, I consider that the proposed sign is acceptable and in accordance with the relevant provisions of the Development Plan. With no overriding matters that would otherwise warrant a refusal, I recommend conditional approval of the application on this basis.

7.      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.

3.   The development hereby permitted shall be carried out in accordance with the following approved plans:

Site location plan, application form and supporting statement received 17th February 2012.

Reason: To ensure the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers in accordance with policy ENV8 of the Maidstone Borough Wide Local Plan 2000 and policy CC6 of the South East Plan 2009.

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.