CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 1st November 2007

Subject: Enforcement Action :Unauthorised Development - Display of Illuminated Signage - 2 Bank Street Alloa (Ref 07/00003/NOLBC)

Prepared by: Mark Stoddart, Development Monitoring Officer

Ward: No 4. Clackmannanshire South

1.0SUMMARY

1.1.The report considers planning issues arising from the display of illuminated signage on the front elevation of the former Coach House Hotel, 2 Bank Street, Alloa. The building is listed Category C(s) and within the Alloa Glebe Conservation Area. The works have been carried out without express consent or listed building consent.

1.2.A Planning Contravention Notice was served but no response was received within the prescribed period. A meeting was held with the licensee and applications for the signage submitted. These were invalid and despite further letters and three telephone calls no response was received to validate the applications.

1.3.The signs have an adverse affect on the character of this listed building. Authority is sought for the service of an Listed Building Enforcement Notice,an Advertisement Enforcement Notice and any other action(s) required to remedy this breach of planning control.

2.0RECOMMENDATION

2.1.It is recommended that:-

(i)Enforcement action is authorised, as necessary, to remedy the breach of planning control.

(ii)The matter should be reported to the Procurator Fiscal under Section 8 of the Planning (ListedBuilding and conservation Areas) (Scotland) Act 1997.

3.0BACKGROUND

3.1.On a site visit to the area it was noticed that new signage had been displayed at Ali’s Bar, 2 Bank Street, Alloa (see location plan). The property was formally a hotel and more recently has been used as a public house. The signage comprises two hanging signs, a large oval sign over the main entrance and a red neon strip across the frontage of the property.

3.2.The property is a C(s) listed building and is within the Alloa Glebe Conservation Area. The signage and neon strip require ListedBuilding consent and advertisement consent.

4.0CONSULTATIONS

4.1.Historical Scotlandwas consulted for its advice on the signage. It concluded that the signage detracts from the traditional character of the building.

5.0REPRESENTATIONS

5.1.An enquiry was received (via e-mail) advising of the change in advertising and making specific reference to the materials and neon lighting.

6.0PLANNING CONSIDERATIONS

6.1.Following the display of unauthorised signage at the above premises (Ali’s Bar) a letter was sent to the licensee advising that the signage was unauthorised and required listed building consent and advertisement consent. No response was received to this letter.

6.2.A Planning Contravention Notice was then hand delivered to the property. This notice requested information on the person responsible for the signage, and the intention of the owner in terms of applying for the relevant consent. The period of compliance with the notice (21 days) lapsed and no response was received.

6.3.Contact was subsequently made with the owner who stated that applications would be submitted for signage at the property. When the applications were submitted they were invalid. No fee was received, plans were incomplete and there were no details of the signage proposed at the property. Despite further letters and telephone calls with advice on the steps required to validate the applications, no response has been received.

6.4.The display of signage is controlled in conservation areas and on listed buildings in order to safeguard the character of the area and the building. In this case the red neon strip lighting and large oval sign detract from the historical nature of the building and should be replaced with more sympathetic signage. The position of the sign obscures much of the detailing above the entrance. The combined size and shape of the oval panel is unsympathetic to the character of the building. The two hanging signs are likely to be acceptable, subject to the removal of a third projecting sign which pre-dates the more recent changes.

6.5.Under the terms of Section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, it is an offence to carry out works to a listed building that affect it’s character and appearance without having first obtained the requisite listed building consent. This reflects the importance of listed buildings and the damage that unauthorised works can do to their character and appearance.

6.6.The detrimental impact of the signage means that the works do not comply with the policy guidance contained in Local Plan Policies EN 6 (Listed buildings) and EN 10 (Conservation Areas) which require signage to be sympathetic to the character of the building and to enhance the character of the Conservation Area, hence the recommendation to proceed with enforcement action.

7.0SUSTAINABILITY IMPLICATIONS

7.1.None.

8.0FINANCIAL IMPLICATIONS

8.1. None

8.2.Declarations

(1)The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan:

  • Corporate Priorities (Key Themes) (Please tick )

Achieving Potential
Maximising Quality of Life
Securing Prosperity
Enhancing the EnvironmentX
Maintaining an Effective Organisation

  • Council Policies (Please detail)
  • Community Plan (Themes) (Please tick )

Community Safety 
Economic Development
Environment and SustainabilityX
Health Improvement

(2)In adopting the recommendations contained in this report, X
the Council is acting within its legal powers. (Please tick )

(3)The full financial implications of the recommendations containedX
in this report are set out in the report. This includes a reference
to full life cycle costs where appropriate. (Please tick )

______
Head of Development Services

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