Issue - meetings
Regulation 7 Direction under Town and Country Planning (Control of Advertisements) (England) Regulation 2007
Meeting: 15/09/2020 - Cabinet (Item 48)
(Cabinet Member with Special Responsibility Councillor Hanson)
Report of Director for Economic Growth & Regeneration
Additional documents:
- Enc. 1 for Regulation 7 Direction under Town and Country Planning Control of Advertisements Engl, item 48
PDF 4 MB
- Reg 7 Statement of Consultation (1), item 48
PDF 538 KB
Minutes:
(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.