Advertisement Control Policy Guidance

Transcription

1 Advertisement Control Policy Guidance Taunton Deane Borough Council

2 Contents 1.00 Introduction Legislation and Control Policy and Guidance (a) Traffic, Tourism and Advance Sign (b) Poster Hoarding Sites (c) Flag Advertisements (d) Banners (e) Signs on Business Parks (f) Petrol Filling Station Signs (g) Public House, Restaurant and Hotel Signs (h) Advertisements in Shopping Areas (i) Fascia Signs (ii) Projecting and Hanging Signs (iii) Canopies and Blinds (iv) A Boards (v) Window Displays and Internal Advertising Areas of Special Control Contraventions/Discontinuance Appendices A. Summary of Schedule 3 of the Town and Country Planning (Control of Advertisement) Regulations B Glossary of Terms C Schedule of General Guidance to Advertisers

3 1.00 Introduction 1.01 The design and siting of advertisements or signs can have a significant impact in a particular locality. The advice from government in Planning Policy Guidance Outdoor Advertisement Control (PPG19) of March 1992 states that all advertisements affect the appearance of the building, structure or place where they are displayed. The main purpose of the advertisement control system is to help everyone involved in the display of outdoor advertising to contribute positively to the appearance of an attractive and cared-for environment in towns and the countryside In the light of Government Guidance this document seeks to amalgamate and update various policies and guidance approved in relation to advertisements since the Authority s original 1977 policy. In addition to producing a single document addressing advertisement policy it is intended also to clarify the existing controls and powers of the Local Planning Authority together with giving advice as to what is likely to be acceptable advertising within the range of types of signs that are possible The following section briefly indicates the legislation relating to advertisements and explains the categories of advertisements contained within the Regulations. The advice and policy of the Local Planning Authority towards different categories of signs is contained in Section 3. Section 4 explains Areas of Special Control, what additional controls this involves and the areas within the Borough this applies to or may apply to in the future. The powers of the Local Planning Authority to police unauthorised signs and/or seek the removal of unacceptable signs are specified in Section 5 together with penalties for unauthorised display. Finally a schedule of guidance for different types of signs together with acceptable forms of illumination can be found in the final appendices section together with a glossary of terms and a summary of Schedule 3 of the Regulations. 3

4 2.00 Legislation and Control 2.01 The planning control of outdoor advertisements under statutory law is currently provided by:- The Town and Country Planning Act Part VIII Chapter 3. The Town and Country Planning (Control of Advertisements) (England) Regulations This is further supplemented by Government guidelines relating to the control of advertisements which can be found in Department for Communities and Local Government Circular 03/07 and Planning Policy Guidance: Outdoor Advertisement Control (PPG19) of March The full definition of an advertisement is given in Section 336 of the Town and Country Planning Act 1990 (as amended by Section 24 of the Planning and Compensation Act 1991). Briefly an advertisement comprises any work, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, that is used wholly or partly for the purposes of advertisement, announcement or direction; also any hoarding or similar structure used, designed or adapted for the display of advertisements The majority of outdoor advertisements are within the control regime specified in the Town and Country Planning (Control of Advertisements) Regulations The Regulations enable local planning authorities to control advertisements where it is justified in the interests of amenity and public safety. There are three main categories of advertisements and these are referred to below One category comprises a range of advertisements which are exempt from control subject to certain requirements and they may be displayed as of right. These advertisements are referred to under Schedule 1 of the Regulations and involve nine classes A to I which include traffic signs, national flags, advertisements within buildings and Parliamentary and Local Government election signs. Detailed descriptions of each class, its conditions, limitations and interpretation can be found on pages of the Regulations. Subject to the conditions being met those advertisements are excluded from the Local Planning Authority s control The second category involves 16 separate classes of advertisement to which the rules give a deemed consent so that the Local Planning Authority s further consent is not required subject to compliance with various conditions and limitations. These advertisements fall within Schedule 3 of the Regulations and are detailed on pages of the Regulations. For information, the advertisement types are summarised in Appendix A All advertisements which fall outside the deemed consent classes referred to in Schedule 3 or which contravene the conditions and limitations imposed by Schedules 1 and 3 of the 2007 Regulations require the Local Planning Authority s express consent. This forms the third category of advertisements. As a general guide the following types of sign would require express consent eg poster hoardings, externally illuminated signs, advance and directional signs, advertisements above 4.6 metres from the ground or above the bottom of any first floor window. The variety of different advertisements and their acceptability will be addressed, in detail, in Section 3. 4

5 2.08 Applications for express consent for signs can be made to the Local Planning Authority on a standard advertisement form, preferably electronically. Four copies should be returned to the Authority with the appropriate fee and drawings indicating the location, size, position, colour and materials of any sign, together with details of the size and type of lettering and means of illumination, if any. Ideally, any advertisement applications on shops in town centre locations should include an elevation of the building as a whole with the proposed sign(s) illustrated on it After receiving and considering an advertisement application the Authority may either:- a) grant consent thereby requiring compliance with the standard conditions laid down by the Regulations and any other optional conditions which may be appropriate. b) issue a split decision approving certain signs, if more than one sign has been applied for, and refusing any unsatisfactory sign or signs giving reason(s). c) refuse consent giving reasons When exercising their powers under the Advertisement Regulations the Local Planning Authority is required to consider an application for advertisement consent only in relation to the effect that an advertisement will have on the amenity of the area where it is to be displayed and the impact on public safety. Further explanation of these two terms can be found in paragraphs 5 and 6 of DCLG Circular 03/ It should be noted that the controls over advertisements are highly complicated. Consequently anyone intending to display an advertisement on their property is strongly advised to check with: The Development Management section of Taunton Deane Borough Council to confirm whether advertisement consent is required. A summary of acceptable forms of advertisement can be found in Appendix C. 5

6 3.00 Policy and Guidance 3.01 The background for the creation and interpretation of specific advertisement policies lies within the Government guidance documents previously referred to, ie DCLG Circular 03/2007 and PPG In addition to the above guidance the existing strategic guidance to all districts in the county of Somerset is contained in the Somerset and Exmoor National Park Joint Structure Plan Review. The Structure Plan policies are general, non-specific and do not directly relate to advertisements. However, certain policies can indirectly have a role to play. For example, the countryside policies require the strict and careful control of all development within such areas including the Areas of Outstanding Natural Beauty (AONB). In addition, the Historic and Architectural Heritage policy requires the strict control of development to safeguard the architectural and historic integrity and character of listed buildings and their settings and also to preserve and enhance the character and appearance of Conservation Areas The local plan approved and adopted within the Borough of Taunton Deane provides the detailed interpretation of the strategic policies. The current Taunton Deane Local Plan was adopted in November Policy EC26 applies specifically to advertisements and is a saved policy The Local Planning Authority accepts that outdoor advertising is essential to commercial activity in a free and diverse economy. It also appreciates that an advertisement s function is to attract the attention of passers-by in order to inform, guide or direct. Nevertheless, Government guidelines point out that all advertisements affect the appearance of the places where they are displayed and consequently the Local Planning Authority wishes to ensure that the cumulative effects of advertisements are not detrimental to the amenity and public safety of an area nor to the character and appearance of the towns, villages and countryside of the Borough The paragraphs that follow set out guidance and policy the Local Planning Authority intends to operate in respect of various different categories of advertisements. (a) Traffic Tourism and Advance Signs 3.06 Official traffic signs can, in general, be sub-divided into a hierarchy of five groups:- a) Motorway signs (blue background, white lettering) b) Primary route signs (green back ground, white lettering). c) Non primary/local route signs (white background, black lettering) d) Tourism signs on all routes including bypassed community signs (brown background, white lettering or symbol) e) Event signs erected and removed under the auspices of the AA or RAC All of the above types of signs are the responsibility of the relevant highway authority as they fall under the Traffic Signs Regulations and General Directions 1994 and thus do not require advertisement consent. 6

7 3.07 The white on brown signposting scheme for tourism sites is governed by regulations laid down by the Department of Transport and is generally administered by the local highway authority. Any enquiry for a tourism sign to direct people to an attraction/business or for the signing of a bypassed community should be directed to the Somerset County Council s Environment Department who are the Highway Authority for the area An applicant may not display a traffic sign if the County Highway Authority or Department of Transport considers that it would be dangerous on traffic management grounds. The provision of tourist signing should be at the expense of the applicant and location of signs is at the sole discretion of the Highway Authority and there is no appeal on this matter Signs which fall beyond the powers of Traffic Sign Regulations are likely to fall within the ambit of the Town and Country Planning (Control of Advertisements) (England) Regulations Advertisements within the confines of the highway are prohibited and the County Highway Authority have powers under Section 132 of the Highway Act 1980 to remove signs within the highway. Exceptions to this are provided in Classes 9 to 11 of the 2007 Regulations (see Appendix A) which allow for limited types of advertisement on, or adjacent, to the highway The Borough Council recognise the need to advertise tourist facilities on site and also, in exceptional circumstances, off site. However, the level of potential advance signing required to serve tourist facilities and businesses is one of major concern Although effective signposting is often a vital way of attracting potential customers to facilities, thus benefiting the local economy, such signs can be obtrusive and detrimental to the visual amenity of an area, as well as detrimental to public safety, if poorly sited The provision of village services such as shops or public houses in villages; off major routes but identified by highway signs, would not be expected to have separate advance directional signs Other commercial or tourist related uses in rural areas, such as bed and breakfast businesses or provision of cream teas, are currently considered on their merits with regard to both their impact on amenity and highway safety. A balance has to be struck between the need to safely direct the public to a site and the potentially detrimental cumulative impact such signs may have on attractive rural areas. Any sign must be clear and simple to understand, with no more than two colours, be easily readable, non-illuminated and its siting, in proximity to the highway, must be carefully considered. Thus, an exception reflecting these criteria may be allowed when a business is a considerable distance from a main road and there is a lack of adequate highway signs along narrow roads approaching a site. 7

8 ADV/1 Within rural areas and particularly areas of special control and areas of outstanding natural beauty any form of advance signing for sites will be strongly resisted to protect the visual amenity of such areas unless it is demonstrated that there is an overriding justification in terms of public safety or tourism. Where the latter are considered to be the case any sign must meet the following criteria: a) Any sign should be clear and simple to understand, as small as possible while still being readable from a safe distance and sited to limit its visual impact. b) The siting of any sign should not result in highway danger. c) No advance sign shall be illuminated. d) Any advance sign in respect of tourist related activities should have the support of the tourist board 3.14 There are occasions when commercial and tourist uses are located along important traffic routes and rely heavily on trade from passing car-borne traffic. In such circumstances, signs displayed on the site itself are normally adequate as a means of advertising. The Council recognises, however, that in exceptional circumstances it may be appropriate to give drivers advance warning of sites in the interests of highway safety The provision of advance signs within urban areas is considered unnecessary as there are street names and other landmarks to navigate by as well as local street maps. The Highway Authority already strictly controls the level of appropriate signposting on its various structures in urban areas and further advance signs would merely add to the urban clutter. (b) Poster Hoarding Signs 3.16 The term poster hoarding in this instance relates to a variety of sizes of both hoardings and poster panels which in the majority of cases, require express consent from the Local Planning Authority. Class 8 of Schedule 3 of the 2007 Regulations allows for limited temporary display of hoardings around construction sites subject to conditions of size and period of display There are various sizes of hoardings ranging from the smallest 4-sheet size which measures approximately 1 m x 1.5 m to the 96-sheet hoarding which is approximately 12 m x 3m. The most popular size within an urban environment is the 48-sheet hoarding (about 6 m x 3 m) Advertisement hoardings, due to their size and location, can have a major impact on the local environment. This fact is recognised by Government guidance and, in line with Appendix E to Communities and Local Government Circular 03/2007, the Borough Council is unlikely to view favourably the provision of any hoarding within the open countryside, villages, predominately residential areas within towns, or affecting the setting of listed buildings or conservation areas. Additionally sites which are viewed from parks and other open space need careful assessment to ensure the pastoral character is not eroded. 8

9 3.19 The majority of hoardings already displayed within the district are found in the main urban centres. Parts of these urban centres still reflect their C19th origins as market towns and have a distinct character. The provision of additional poster sites within the above areas are therefore likely to be resisted. ADV/2 The Display of Advertisement Hoardings will be strictly controlled in the interests of Amenity and Public Safety and will not normally be allowed in the following areas:- a) Open countryside b) Villages c) Conservation areas and adjacent land d) On listed buildings, within their curtilages and on adjacent land e) In predominantly residential areas or where they directly face residential properties f) On and alongside retail frontages g) On sites which are visible from parks, public open space and open countryside In certain instances where advertisement hoardings already exist and are sited on listed buildings or are within, or in close proximity to, Conservation Areas the impact of such hoardings will be reviewed to assess the need for either discontinuance action or prosecution, if the hoarding does not fall within a deemed consent class. In cases where no consent was initially granted by the Local Planning Authority, further action is likely to ensure the removal of such hoardings. ADV/3 The Borough Council will regularly review sites of advertisement hoardings and in instances where they have an adverse impact on Conservation Areas or Listed Buildings, will take the appropriate action to secure their removal In mixed commercial and residential areas more care is required over the siting of advertisement hoardings than if it were a purely commercial area in order to protect the amenities of the local residents. Consequently such hoardings should relate to their surroundings and not be visually intrusive. If a hoarding is free standing the land around it should also be satisfactorily maintained to prevent the site becoming an eyesore. Good quality landscaping and fencing around hoardings can help soften the overall visual impact and make a positive contribution to the street scene. Often hoardings are located on flank walls of properties and it is important that such advertisements are not over-dominant and do not obscure any architectural feature of the building. ADV/4 Free standing hoardings in mixed areas or predominantly commercial areas will be expected to incorporate an element of landscaping so as to make a positive visual contribution to the street scene. 9

10 ADV/5 The display of hoardings or posters on gable walls of buildings in predominantly commercial areas will only be acceptable if: a) Positioned on the wall below eaves height b) They have an area of visible wall all around the hoarding c) They do not obscure any architectural feature of the building d) They are in scale with their surroundings e) No more than one hoarding is erected (c) Flag Advertisements 3.22 Flag advertisements are controlled by Class 7 of Schedule 3 of the Regulations. Class 7A allows for the display of a flag advertisement if attached to a single flagstaff projecting from the roof of a building. Flag advertisements are restricted to either the company name or logo of the company or person occupying the building; or to advertising a specific event of limited duration such as a sale. No character or symbol on the flag may be more than 0.75m in height, or 0.3m in an Area of Special Control Flags cannot therefore be used to advertise specific products without requiring consent of the Local Planning Authority. Consent is also specifically required if the flag is displayed from a free standing flag pole as opposed to one projecting vertically from the roof of a building Flag advertisements displayed on free standing poles can have a significant visual impact due to their height which often makes them visible over some distance. However, visually it is often difficult to clearly make out the display on flags unless there is a strong wind. This is not the most effective form of advertising and is often used in connection with alternative displays. Consequently, flag advertisements can often be visually obtrusive and lead to a cluttered appearance. Their use in towns and villages and particularly within Conservation Areas or adjacent to Listed Buildings will normally be resisted. ADV/6 The provision of flag advertisements on commercial premises will normally be resisted particularly if within conservation areas or adjacent to listed buildings Flag advertisements are often used on construction sites as a means of showing who is carrying out the work and the potential site occupier. The Regulations allow for a limited number of such advertisements in areas not defined as Areas of Outstanding Natural Beauty, National Parks or Areas of Special Control. Flag advertisements are allowed on housing development sites, with one allowed for up to 10 houses, two allowed for between houses and up to three on land where the housing numbers exceed 100. Provision of additional flags on development can detract from the appearance of an area as referred to above and consequently will be strictly controlled. 10

11 ADV/7 Flag advertisements in association with construction sites will be strictly controlled and restricted to a maximum of four for a temporary period in order to minimise the impact on the visual amenity of the area. (d) Banners 3.26 There are two different types of banner signs which are commonly displayed either advertising the business name or services offered. The banner usually takes the form of a rectangular shaped printed material often in plastic or vinyl. Such banners usually have deemed consent (Class 5 of Schedule 3 of the Regulations) but often require express consent due to being displayed over 4.6m high or above the bottom of the first floor windows of the building on which they are displayed Banner signs may also appear on boundary fences or walls of property and may benefit from deemed consent (Class 6 of Schedule 3). The most common form of such banners is at public houses or restaurants advertising certain meals at specific prices When considering applications for express consent for such matters the main impact is the visual amenity of an area. Banners tend always to be displayed in addition to normal business advertisements like illuminated fascias and projecting signs. Consequently, the display of a banner will often lead to a cluttered appearance There are alternative means of advertising meal prices and times other than by banners on the exterior of premises which result in clutter and on occasions highway safety problems. ADV/8 The Borough Council will normally resist the provision of banner advertisements on the exterior of commercial premises. (e) Signs on Business Parks 3.30 In light of the allocation and development of a number of business parks within the Borough since the mid 1980s the Council considers there to be a need to specify general criteria for consideration when dealing with applications for express consent. In addition specific guidance was laid down for the four major business parks. 11

12 3.31 The business parks within the Borough are mostly on the edges of built up areas and often bound main tourist routes and also the countryside. Consequently, the provision of advertisements and particularly illuminated signs need to be carefully controlled to ensure there is no significant harm to amenity or public safety at these prominent locations There are a number of general criteria which can apply to all business park sites in order to lessen any adverse impact on amenity from those signs which need the Council s express consent. ADV/9 At business park locations throughout the borough all advertisements should comply with the following: a) The signs shall be restricted to the name of the company only or its recognised logo b) Any sign should be of limited size and modest in proportion to the scale of the building c) No sign shall be placed in an over prominent position or conflict with any architectural feature of a building d) All signs should respect and not detract from the setting of any listed building e) Proposals for an illuminated pole sign and totem sign other than a single sign at a petrol filling station, will not be permitted f) Signs shall be located so as to avoid loss of amenity to residential properties, parks and public open space and to the open countryside It is recognised that each business park is in a different location and consequently the visual impact or public safety implications of individual signs will vary slightly in each case. The four separate business parks are:- (1) Deane Gate Business Park The Deane Gate Business Park lies on the eastern side of Taunton located between the M5 link road to the east and housing estates to the west. The provision of illuminated advertisements shall be restricted to the following:- (a) (b) One illuminated sign per business, of appropriate size and type, displayed on a building facing the M5 link road only There will be a presumption against any illuminated signs on any other elevations especially those on the western elevations of the buildings where they face Allington Close. 12

13 (2) Blackbrook Business Park The Blackbrook Business Park is located on the eastern side of Taunton between the M5 to the east and residential estates to the west. Advertisements will be strictly controlled to ensure highway safety on the motorway is maintained and visual amenity is not adversely affected. The provision of illuminated advertisements shall be restricted to the following:- a) One illuminated sign per business on the eastern boundary of the site of appropriate size and type displayed on a building facing the M5 motorway or the motorway interchange (Junction 25) subject to no adverse highway authority comments plus. b) One illuminated sign per business of an appropriate size and type, displayed on a building or within the site fronting an internal access road and which cannot be readily seen from any vantage point on the periphery of the business park. c) There will be a presumption against any illuminated signs on buildings fronting the western boundary of the site facing Blackbrook Way and also a presumption against freestanding flagpole signs. (3) Hankridge Farm Retail Business Park The commercial development at Hankridge Farm is located north-west of the motorway interchange bounded by the motorway to the east, the M5 link road to the south-west and the River Tone to the north. This retail business park is thus in a very prominent position on the main approach route into Taunton and while it is recognised that commercial business needs to advertise its presence, this should not be achieved at the expense of the loss of visual amenity or highway safety. The Government s Highway Agency and the County Highway Authority have consistently opposed any illuminated signs that face towards the M5 or M5 interchange and this approach is supported by the Local Planning Authority. Additionally the Local Planning Authority have consistently opposed signs facing onto the countryside and this has been supported on appeal. The following policy guidance should be adhered to:- a) One illuminated sign per business of appropriate size and type displayed on a building facing the M5 link road (A358), plus: b) One illuminated sign per business, of appropriate size and type, displayed on a building within the site fronting an internal access road which cannot be readily seen from any vantage point on the periphery of the retail park. c) There will be a presumption against any illuminated sign on buildings fronting the northern boundary of the site abutting the green wedge and countryside or on buildings facing the M5 and the motorway junction. d) There will be a presumption against illuminated pole signs or other free standing signs particularly adjacent to the A358. e) There will be a presumption against more than one illuminated sign within the canopies of the retail units. 13

14 (4) Chelston The Chelston Business Park lies to the east of Wellington off the A38 roundabout approximately 1 km to the north-west of the M5 Junction 26. The following guidance should be adhered to:- a) One illuminated sign per business of appropriate size and type displayed on an existing building fronting the A38 or B3187, plus: b) One illuminated sign per business of appropriate size and type, displayed on an existing building or within the site and which cannot be readily seen from any vantage point on the periphery of the business park (f) Petrol Filling Station Signs 3.34 A wide variety of signs can be found at petrol filling stations as many sites also now have a diverse retail shop element linked to them. The signs at petrol stations are often illuminated and thus require express consent. Where signs are non-illuminated they are likely to fall within Class 5 or Class 6 of Schedule 3 and so not require consent unless the limitations and conditions are exceeded The provision of a wide range of sign types at petrol stations needs careful control to ensure the commercial activity is advertised without harming the visual amenity and character of an area and without creating a highway danger. In order to achieve this the following general criteria will be applied to petrol filling station sites:- a) One illuminated totem or pole sign of an appropriate size advertising the brand name and prices will usually be allowed at each site. b) Illuminated advertisements on canopies will be restricted to individual letters in line with the Regulations and further illumination will be resisted particularly in close proximity to residential properties. c) Fascia signs at kiosks and petrol station shops will be normally restricted to those allowed within the Regulations. Thus the display of internally illuminated box fascia signs with background illumination will be resisted. d) The provision of illuminated boxes above petrol pumps will be allowed in built up areas and at motorway services sites. e) The provision of additional illuminated advertisements on garage forecourts will be strongly resisted as will the proliferation of non-illuminated signs above an area of 5 square metres on sites with a single road frontage. 14

15 3.36 The consideration of advertisements on the forecourts of premises is also of relevance to other commercial sites such as car sales centres and tyre or exhaust specialists. In these instances large illuminated totem signs are not considered appropriate, particularly if such sites are located on main through routes. Forecourt advertising can have a significant detrimental visual impact in such instances if not strictly controlled. ADV/10 The Borough Council will strongly resist the proliferation of advertisements which result in a cluttered appearance on business premises. (g) Public House, Restaurant and Hotel Signs 3.37 Commercial premises such as public houses, restaurants and hotels may display a variety of advertisements many of which are illuminated both to indicate the presence of a business and to attract passing trade. Advertisements are often viewed as an additional marketing tool and advertisements are thus sometimes designed to have a significant impact in order to attract the most attention. This can result however in an adverse visual impact to both the building and surrounding area The need to attract business has to be carefully balanced against the visual impact and safety considerations that the variety of signs may have. The following guidance and criteria will be applied to the provision of advertisements within both urban and rural areas. a) Free standing illuminated pole signs or totem signs at public houses restaurants and hotels will be resisted unless the sign is designed as a traditional free standing hanging sign with external illumination. b) Illuminated signs on buildings will usually be restricted to one name sign on the main frontage and one on a single flank wall together with a hanging sign. The means of illumination should take the form of either halo illumination of individual letters, internal illumination of individual letters, internal or external illumination whereby the light housing blends with the sign background. The type of sign, its materials and means of illumination will be judged particularly carefully in the case of advertisements on listed buildings and on unlisted buildings in Conservation Areas to ensure the protection and enhancement of such buildings and areas. c) There will be a presumption against internal illumination of signs which include backgrounds and against modern external cowl lights on traditional buildings. Where cowl lights are proposed on modern buildings they should be finished in a colour to match the background. 15

16 (h) Advertisements in Shopping Areas 3.39 One of the major areas for advertisements lies within the traditional shopping areas of the main towns and villages of the Borough. Consequently, the Borough Council has always attempted to strictly control signs requiring express consent within these areas in order to try and maintain their traditional character All signs and advertisements on shops and other commercial premises should be designed to compliment the design of the building, its shopfront and the street scene in general. As indicated in the Government s PPG19 the appearance of a good building can easily be spoiled by a poorly designed or insensitively placed sign or advertisement, or by a choice of advertisement materials, colour, proportion or illumination which is alien to the building s design or fabric. The design concepts of shopfronts and their associated signs are complimented by the Borough Council s Shopfront Policy Guidance. (i) Fascia Signs 3.41 On traditional shopfronts advertising was restricted to painted signs within the fascia. One of the best ways of advertising, especially in Conservation Areas or on listed Buildings, is the use of sign written lettering over a hand painted fascia. Gold leaf shading together with the careful mixture of colour tones helps to make a sign easily read at night, thus minimising the need for expensive and unsuitable illumination. The fixing of individual letters on the fascia is also acceptable so long as the materials are suitable, eg wood or brass. Plastics are rarely an acceptable alternative. This technique is also useful where there is no fascia and the letters need to be attached to the natural materials of the building. The size of the lettering should be in proportion with the fascia which in turn should relate to the building so that it does not dominate the building and thus large fascias and large letters will be resisted Fascia signboards should be of good quality materials and designed so as to appear as an integral design of the shopfront and building. Hand painted wooden fascia boards ideally are the most appropriate for traditional or historic properties. Reflective Perspex fascias often look cheap and spoil the appearance of a building. Consequently, such fascia signs should be avoided in town centres Fascia signing should convey the essential message of the retailer, ie the shop s name. Additional advertising usually serves to confuse the message and detract from the shopfront. Fascias sponsored by advertising therefore, will be discouraged whenever possible and not permitted in Conservation Areas or on listed buildings when express consent is required. 16

17 3.44 National, regional and local multiples should be prepared to modify their corporate identities wherever necessary to be in keeping with the building and the wider environment. Again, this is especially pertinent in Conservation Areas and on listed buildings As already stated, traditional shopfronts were often non-illuminated. In the main shopping streets of the town centres and particularly on listed buildings and in Conservation Areas, fascia signs should ideally be non-illuminated. Where illumination is required, its type and design should in all cases be sympathetic to the building and street scene. Acceptable forms of fascia lighting are high quality halo illumination of individual letters only or trough lighting which is designed as part of the fascia and is concealed within it. These alternatives may be acceptable on listed buildings although it should be noted that the design and quality of certain listed buildings will preclude the illumination of advertisements eg Cheapside, Taunton. The external illumination of certain signs by means of cowl lights may be acceptable in circumstances where the lights match the fascia background. However such lighting will not be acceptable on listed buildings, traditional shopfronts or within Conservation Areas. The use of spot lights will be resisted if inadequately shielded due to the detrimental effect of unshielded light sources. The full internal illumination of fascia signs is considered damaging to visual amenity and the appearance of a building and will be strongly resisted in all instances. (ii) Projecting and Hanging Signs 3.46 Projecting box signs are rigidly fixed from the side and are often made of translucent plastic or Perspex and are internally illuminated. The illumination of such signs requires the express consent of the Local Planning Authority. Such signs however are considered inappropriate for traditional streets and therefore they will be resisted on listed buildings in Conservation Areas and in Taunton and Wellington town centres where they are fully internally illuminated Non-illuminated projecting box signs would not however require consent providing the building is not listed and there are no other projecting signs on the property. Additionally, it should be noted that the Regulations allow for an internally illuminated box sign providing that only each character and no part of the background is illuminated, the distance between the two faces of the advertisement does not exceed 0.25 m and the sign is not over 4.6 m high or above the bottom level of any first floor window. 17

18 3.48 Where appropriate, preference will be given to hanging signs of a design suited to the age and style of the building and shopfront. In appropriate situations, such as narrow streets, hanging signs can provide elements of individual detail to enrich the street. Such signs are made of timber, are free swinging and are suspended from a rigid structure, usually a wrought iron bracket. A proliferation of hanging signs should be avoided especially within Conservation Areas. In some instances, particularly on historic buildings, any form of hanging or projecting sign may be inappropriate. The need for the display of hanging signs should be checked with the Local Planning Authority. Consent for such signs above the bottom of first floor window levels will normally be resisted. (iii) Canopies and Blinds 3.49 Canopies and blinds are considered to be within the Regulations and benefit from deemed consent if they include advertising, such as a shop name, on the projecting canopy. They can be a lively element in the street scene if designed correctly and in keeping with the building. Some traditional shopfronts have retracting roller blinds which provide shade for the shop window and shelter for shoppers Many canopies are now installed purely for the purpose of increasing advertising space. Often more modern canopies, such as balloon canopies, tend to obscure the shop fascia and introduce a dominant element out of keeping with the traditional character of the Borough s streets. The use of these non-traditional blinds and of plastics, wet look or stretchy fabrics will be resisted. Unless on a listed building, most canopy advertising would not fall under the control of the Local Planning Authority unless it was in some way illuminated. Non-illuminated canopies that are out of keeping with the traditional character of the building or street scene are likely to be requested to be removed. Ultimately in the worst cases discontinuance action may be authorised. ADV/11 In dealing with applications for the display of advertisements throughout the Borough s shopping areas the Borough Council will consider proposals in the interest of amenity and/or public safety and in all cases the following points will be applied to ensure that:- a) No sign by reason of its form, design, size or position conflicts with the character, scale, proportion or architectural features of the building, structure or street. b) No sign by reason of its materials and colour causes disharmony with the character or external finishes of the building. c) No sign by reason of its level of illumination shall detract from the appearance or character of the building. d) No sign will be unduly prominent and create a visual clutter when viewed with any existing signs attached to the building or within its curtilage. e) In the case of a listed building or scheduled monument, no sign will detract from the integrity of the design or historic character of the building or spoil or compromise its setting. 18

19 (iv) A Boards 3.51 A Boards are free standing advertisements which take the form of an A when viewed from the side. Such advertisements are often sited on the pavement outside premises to attract customers to premises. The pavement is usually an area over which the highway authority has jurisdiction and which must be kept clear to allow the safe passage of pedestrians. These signs represent at best an inconvenience in terms of impeding pedestrian flows and at worst a serious hazard to those people who are partially sighted or blind. Consequently, wherever possible the Council will ensure that such advertisements are removed where they are not technically allowed. ADV/12 The Borough Council will normally resist the display of A boards on highway land and will instigate legal action as appropriate. (v) Window Displays and Internal Advertising 3.52 The shopfront windows are traditionally for the displaying of goods and not for use for widespread poster advertising. Thus the proliferation of window stickers or large numbers of indoor illuminated signs can give an untidy effect and invariably cheapen the shopfront and detract from the street scene. Shop windows are designed to be looked through, not looked at. Stickers are not necessary where an attractive display can be used to advertise the goods being offered. Consequently, external advertisements on shopfronts will be resisted and internal advertisements, where they are considered detrimental to visual amenity or contrary to public safety will be considered for discontinuance action Businesses on the upper floors of premises should only consider individual letters on their windows and not large posters covering large portions of the glass. This is to avoid giving the building a cluttered appearance. The size and scale of individual lettering should not dominate the appearance of the window or building. ADV/13 Where the Borough Council consider there is a proliferation of internal advertisements to the detriment of visual amenity or contrary to public safety the Council will consider taking discontinuance action to secure their removal. 19

20 4.00 Areas of Special Control 4.01 Some areas within towns and villages and within many parts of the countryside are especially vulnerable to the visual affects of advertisements. In such instances the Local Planning Authority has three special powers enabling them to achieve stricter control over advertisements than is normally the case. These powers are:- 1) to define an Area of Special Control of Advertisements (ASCA); 2) to remove from a particular site or defined area the benefit of the deemed consent normally provided by the regulations (ie issuing an Article 4 Direction); and 3) to require a particular advertisement, or use of the site for displaying advertisements, to be discontinued (see Section 5) The first of the above options enables the Local Planning Authority, with the approval of the Secretary of State, to declare an area which is considered by the local authority to merit special protection on grounds of amenity as an Area of Special Control Designating an area as an Area of Special Control gives stricter control over a range of advertisements. For example the normal short term exemption for balloon advertising (Class 15 of Schedule 3) does not apply and the conditions over the size of lettering and height above ground are more restrictive for 12 out of the 16 deemed consent classes of Schedule 3. Areas of Special Control are covered by Schedule 5 of the Town and Country Planning (Control of Advertisements) (England) Regulations In order for an Area of Special Control of Advertisements to be designated the Borough Council must submit an order to the Secretary of State and publicise it in the press, allowing time for objections to be received. The Secretary of State may provide for any objections to be heard at a local inquiry, before finally deciding whether to approve the order or make modifications to it At present part of the Taunton Deane area north of the line of the former Taunton to Barnstaple railway but excluding the settlements of Wiveliscombe, Milverton and Bishops Lydeard is an Area of Special Control. This area was last reviewed as part of the West Deane Local Plan when it was proposed that the existing boundary remain unchanged. 20

21 5.00 Contraventions and Discontinuance 5.01 A person displaying an advertisement in contravention of the Regulations is initially likely to be requested to submit an application for express consent to regularise the situation If subsequently an advertisement application is refused and the sign is still displayed the Local Planning Authority is then likely to seek Committee authority for prosecution action. This action is also likely to be recommended should any unauthorised sign not be attempted to be regularised Non-compliance with the Regulations is an offence and shall be liable on summary conviction at the Magistrates Court to a fine (not exceeding level 4 on the standard scale, ie 2,500) and in the case of a continuing offence 250 for each day during which the offence continues after conviction. It should be noted that unauthorised works carried out to a listed building is a criminal offence and this is liable on summary conviction to a penalty of up to 20,000 or a term of imprisonment If an advertisement is displayed with the benefit of deemed consent and the Local Planning Authority consider that the advertisement or sign results in a substantial injury to the amenity of the locality or a danger to members of the public the Local Planning is empowered to serve a discontinuance notice. The Local Planning Authority will normally pursue this course of action if it involves the display of a large number of advertisements or if an advertisement is particularly obtrusive. If it adversely affects the setting or character of listed properties or Conservation Areas then action is even more likely to be considered appropriate. ADV/15 Where the Borough Council consider the number and/or size of advertisements to cause substantial injury to the amenity of a locality, and particularly if the advertisements affect the setting or character of a listed building or conservation area, then the Council will take discontinuance action to secure their removal There is a specified procedure and timetable for the serving of a discontinuance notice and this is laid out under Regulation 8 of the 2007 Regulations. The Local Planning is required to provide a statement of reasons for serving the notice. The Local Planning Authority has authority to withdraw or vary the notice and to negotiate with the owner or occupier of the advertisement site or the person displaying the advertisement If an appeal against the notice is made to the Secretary of State the notice is suspended and will not come into effect until the final determination or withdrawal of the appeal. There is also a laid down procedure and timetable for appealing against a discontinuance notice and this is explained in Department for Communities and Local Government Circular 03/ The display of advertisements without the consent of the owner or occupier of the land or premises constitutes flyposting. If the Local Planning Authority is aware of the identity of the person who carries out flyposting or the person who benefits from the advertisement then steps will be taken to seek the removal of the advertisement. 21

22 5.08 The Local Planning Authority is empowered by Section 225 of the Town and Country Planning Act 1990 to remove or obliterate any placard or poster which is illegally displayed in their area. If the Local Planning Authority can determine who displayed the poster or caused it to be displayed they are required to give at least two clear days notice in writing of their intention to remove it. The written notice does not apply however, if the Authority do not know or are unable to ascertain after reasonable inquiry who is responsible Section 215 of the Town and Country Planning Act 1990 also allows a Local Planning Authority to serve on the owner or occupier of an area of land a notice which requires the proper maintenance of the land in order to improve its amenity. The notice will specify the steps required to remedy the condition of the land to be taken within a specified time period. The time period shall be not less than 28 days after the service of the notice. If the notice is not complied with, an offence will have occurred which will be considered at the Magistrates Court which is also the court to deal with any appeal against a Section 215 Notice An authorised officer of the Local Planning Authority may enter land or premises for the purpose of exercising the Local Planning Authority s powers in respect of the Advertisement Regulations providing the land or premises are unoccupied and it would be impossible to exercise the powers without gaining entry. Section 34 of the Clean Neighbourhoods and Environment Act 2005 amended section 324 of the 1990 Act to allow entry to occupied land as well as unoccupied land. 22