Decision details

Regulation 7 Direction under Town and Country Planning (Control of Advertisements) (England) Regulation 2007

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

The purpose of the report is to consider a proposal for a Direction under Regulation 7 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, to remove deemed consent for the display of To Let signs within Schedule 3, Part 1, Class 3 A (an advertisement relating to the sale or letting, for residential, agricultural, industrial or commercial use or for development for such use, of the land or premises on which it is displayed) in the wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East and Scotforth West. The report seeks delegated approval for the Director of Economic Growth and Regeneration to submit a request to the Secretary of State.

 

Decisions:

 (Cabinet Member with Special Responsibility Councillor Hanson)

 

Cabinet received a report from the Director for Economic Growth and Regeneration to consider a proposal for a Direction under Regulation 7 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 to remove deemed consent for ‘To Let’ boards on residential properties within Schedule 3, Part 1, Class 3 A (an advertisement relating to the sale or letting, for residential, agricultural, industrial or commercial use or for development for such use, of the land or premises on which it is displayed).  The report sought authorisation for the Director of Economic Growth and Regeneration to proceed with the statutory process and submit a proposal to the Secretary of State requesting that a Direction under Regulation 7 was made.

  

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

Option 1: Submit a request to the Secretary of State for the designation of a Direction under Regulation 7 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for the wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East and Scotforth West.

 

Advantages: A Direction will allow management of the number of To Let boards displayed. This will reduce the proliferation and clutter arising from the excessive display of boards within terraced streets and improve the visual amenity of the areas designated.

 

A restriction on all “To Let” signs, is the simplest way implement and enforce controls. The process to gather evidence and prosecute is less resource intensive than collating evidence with regard to individual signs. A Direction across all wards to the south of the river will ensure consistency and clear boundaries to agents.

 

Disadvantages: As signage has not been regularly enforced due to the complexity and number of signs, a Direction may increase the enforcement necessary to ensure that it is effectively implemented. 

 

If objections are received, the Secretary of State may to call a public hearing which has staffing and financial resource implications. 

 

Risks:

If a Direction is not implemented in accordance with the statutory procedures, there is a risk of legal challenge and compensation claims.

 

The Secretary of State may amend the area to be designated or refuse to make a Direction due the low percentages of HMOs in some wards. If refused a subsequent application could then be made for a reduced area. 

 

Option 2: Submit a request for a Direction under Regulation 7 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for the wards of Bulk, Castle, John O’Gaunt and Scotforth West, as originally proposed.

 

Advantages: The evidence with regard to the number of HMOs and the visual impact of To Let boards within the original wards proposed is stronger for the wards with the highest percentages of HMOs.

 

Disadvantages: Failure to take account of consultation responses received and the proliferation and clutter of To Let signs will continue to adversely affect the visual amenity in these areas.

 

As signage has not been regularly enforced due to the complexity and number of signs, a Direction may increase the enforcement necessary to ensure that it is effectively implemented. 

 

If objections are received, the Secretary of State is likely to call a public hearing which has staffing and financial resource implications. 

 

Risks: If a Direction is not implemented in accordance with the statutory procedures, there is a risk of legal challenge and compensation claims.

 

Option 3: Do not progress a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

Advantages: None

 

Disadvantages: The proliferation and clutter of To Let signs will continue to adversely affect the visual amenity of the areas.

 

Risks: None

 

 

The officer preferred option is Option 1, to submit a request to the Secretary of State for the designation of a Direction under Regulation 7 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for the wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East and Scotforth West. These actions will ensure that the concentration of HMOs and associated To Let boards can be managed to better protect the amenity of residents and the character and appearance of the areas proposed to the designated.

 

Councillor Hanson proposed, seconded by Councillor Hamilton-Cox:-

 

“That the recommendation, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

That Cabinet authorise the Director for Economic Growth and Regeneration to make a proposal to the Secretary of State for a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, to prohibit the display of “To Let” boards on residential properties in the wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East and Scotforth West, without express consent and to comply with all necessary requirements. 

 

Officer responsible for effecting the decision:

 

Director for Economic Growth & Regeneration

 

Reasons for making the decision:

 

The decision is consistent with the ambition within the Council Plan to make our neighbourhoods clean, well maintained and safe and is consistent with policies including:-

 

·        Policies within the Lancaster District Local Plan which seek to improve the amenity of residents in Lancaster and to protect the character and appearance. 

 

·        Policies in the Strategic Policies and Land Allocations Development Plan Document which aims to ensure that development, including uses of buildings, maintain the district’s heritage (SP7).

 

·        Policy DM21 which seeks to ensure that signage is well designed and appropriately sited and does not contribute to an unsightly proliferation or clutter of signage. Policies DM37 to 41 which seek to ensure that the district heritage is protected or enhanced.

 

The decision aims to address the detrimental impacts of the concentration of letting boards associated with HMOs in accordance with the ambitions of the Council Plan and the Local Plan.

 

Report author: Fiona Clark

Publication date: 21/09/2020

Date of decision: 15/09/2020

Decided at meeting: 15/09/2020 - Cabinet

Effective from: 29/09/2020

Accompanying Documents: