ENF/012/07 – erection of 2 no illuminated signs without consent for illumination
Report by:
Planning Compliance Officer
Ward Implications:
Elizabeth Ward
1
Summary
1.1
The Elizabethan Town House applied for listed building consent and advertisement consent for the erection of 2 no non-illuminated signs. However the signs, when erected, were trough illuminated.
2
Recommendations
2.1
The Planning Committee use powers granted to a Local Planning Authority (LPA) in sec. 39 of the Planning (Listed Building and Conservation Areas) Act 1990 (this Act) for the issue of a Listed Building Enforcement Notice (LBEN) requiring the removal of the trough illumination.
3
Report
3.1
In April 2006 two applications were received for the Elizabethan Town House. A listed building application to display 2 no non-illuminated fascia boards and a concurrent application for advertisement consent. Both of these applications were approved with conditions on 21 June 2006. The first of the two boards proposed was to be a 1.8m x 2.3 m sign board attached to the front (south west) elevation at first floor level, between two sets of elegant sash windows. The second would be a .86 x 3.7 m sign board attached to the north west gable, close to the town walls. This gable is visible from near (walls themselves) and far (approaching the town via Castlegate). During March 2007 a Council Officer observed that the signs erected had been illuminated, contrary to the approved listed building consent and advertisement consent. This prompted the Planning Compliance Officer to investigate.
3.2
The subject building is listed, Grade II, dating back to 1899 and is in the heart of the Conservation Area. It is adjacent to the historic town walls, which form part of an ancient monument and has a Grade I listing. The building is substantial, tall and prominent, constructed of stone and slate with timber windows. The ground floor is utilised as shop space. The first two floors are used as a guest house. The plan shows the building outlined in a thick black line.
3.3
An evening visit was made to the site which revealed that the 2 no signs were in fact illuminated.
3.4
Communications commenced between the Planning Compliance Officer and the Elizabethan Townhouse which resulted in a letter from them dated 10 April 2007 stating that a retrospective application would be submitted in the next ten to fourteen days for listed building consent and advertisement consent. To date no applications have been received.
3.5
Sec. 7 of this Act states:
‘Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised;’
And it is considered that the changes made at the subject site are in breach of sec. 7 of this Act and members are invited to consider the issue of a LBEN to remove the trough illumination.
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Implications
4.1
Comments from the Council’s Section 151 Officer
No comments.
4.2
Comments from the Council’s Monitoring Officer
No comments.
4.3
Comments from the Head of Paid Service
None arising directly from this report.
4.4
Local Agenda 21
N/A
4.5
Equality
N/A
4.6
Crime and Disorder
This report has no implications in relation to our responsibility under Section 17 Crime & Disorder Act 1998
