## Delegated Item Report

Planning Case Officer: SPW Authorised By: JK Date of Report: 4 October 2017
PFile Number: P6525
National Guidance: NPPF
NP Number: NP/DDD/1016/1061
Core Strategy: GSP1, GSP2, GSP3, GSP4, L1, L3. Local Plan Codes: LC3, LC4, LC5, LC6, LC11.

## List Of Background Papers (Not Previously Published) Human Rights

Any human rights issues have been considered and addressed in the preparation of this report.

## Report Site And Surroundings

The Castle Hotel is located in Castleton on the corner of Castle Street and Cross Street. It is a Grade II listed building located within the designated Conservation Area. The building is a prominent building, built of natural limestone with some elevations finished in wet dashed render. On some elevations the stone surrounds to openings have been painted white/off white. The site area adjoins flood zone 2 and 3. These areas are not affected by the Adverts or works that are proposed in the current Advertisement and listed building applications. Many of the adverts/signs being applied for had already been erected during the site visit in November 2016.

## Proposal

The proposal is for a new scheme of advertising. This includes  a replacement standalone  sign, on a gallows  type  bracket in the western corner of the site (01), this is a hanging sign with external illumination via trough lights. A replacement hanging sign to the elevation facing cross street, this is externally illuminated via trough lights (02). A new Inn Keepers lodge door plaque next to the door on the cross street elevation (06) A replacement Sign, made from timber panels, on the gable end of the building facing onto Castle Street, externally illuminated (03). A replacement sign to the ancillary building, made of timber panels (04) As submitted the scheme also included an additional sign to the gable end of the building facing onto Castle Street (05) this was an Inn Keepers Lodge sign. This has been omitted from the scheme by a revised set of plans following discussions with officers.

## Key Issues

Amenity and public safety.

## History

Prior to the current applications the two most recent applications for signage are shown below, these were granted conditionally. NP/HPK/0310/0254 - Advertisement consent for 3 external illuminated signs and 1 non illuminated sign. NP/HPK/0310/0255 - Listed building consent - Remove old signage and install new signage. In 1997 an appeal against the Authority's refusal of advertisement consent for the erection of signs and lanterns was upheld.

## Policy

The NPPF para 67 states - Poorly placed advertisements can have a negative impact on  the  appearance  of  the  built  and  natural  environment.  Control  over  outdoor advertisements should be efficient, effective and simple in concept and operation. Only  those  advertisements  which  will  clearly  have  an  appreciable  impact  on  a building or on their surroundings should be subject to the local planning authority's detailed  assessment.  Advertisements  should  be  subject  to  control  only  in  the interests of amenity and public safety, taking account of cumulative impacts. The  NPPG  (para  026)  explains  that  Local Planning  Authorities  are  required  to exercise their powers under the Regulations with regard to amenity and public safety, taking into account relevant development plan policies in so far as they are material, and any other relevant factors. The Local Development Framework, Core Strategy, was adopted by this Authority in October 2011. Relevant policies  include  GSP1 which says  that all development should be consistent with the National Parks legal purpose and duty, to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Parks; and promote opportunities for the understanding and enjoyment of the special qualities (of the National Parks) by the public. Policy GSP2 says that opportunities for enhancing the valued characteristics of the National Park will be identified and acted upon, and opportunities will be taken to enhance the National Park by the treatment or removal of undesirable features or buildings. Policy GSP3 says that all development must conform to the following principles: development must respect, conserve and enhance all valued characteristics of the site and buildings that are subject to the development proposal. GSP3 goes on to say, amongst other things, particular attention will be paid to: impact on the character and setting of buildings; scale of development appropriate to the character and appearance of the National Park; siting, landscaping and building materials; design in accordance with the National Park Authority design guide; impact on living conditions of communities. Policy L3 says development must conserve and where possible enhance cultural heritage assets, and their setting. Local Plan Policy LC4 expands on this to require that a developments detailed treatments are to a high standard that conserves and where possible enhances the landscape, built environment and other valued characteristics of the area. Local Plan Policy LC5 would not permit works that failed to conserve or enhance the conservation area, its setting, important views into or out of the area and ensure the areas preservation or enhancement. Local Plan Policy LC6 requires that development affecting a listed building clearly demonstrates how the listed building will be preserved or enhanced and why the proposed development and related works are desirable or necessary. It does not permit development that adversely affects the character, scale, proportion, design, detailing or materials used in the listed building. Amongst other things development is not  permitted  if  it  would  directly or  indirectly  lead  to  the  removal,  alteration  or unnecessary replacements of features such as windows, doors or the replacement of original features other than with original materials and with appropriate techniques. Local Plan policy LC11 deals specifically with outdoor advertisements. LC11(a) lists a series of criteria whereby signs may be permitted provided they do not result in a proliferation of signs inappropriate to the building; do not pose a hazard to public safety  or  unduly  harm  the  neighbouring  properties;  are  in  proportion  and appropriately located relative to the building on which they are displayed and/or to nearby buildings; are of a high standard of design, materials and construction; their scale, setting and design do not detract from features of architectural or historic importance or other characteristics of the area. Internal illumination is not permitted. External  illumination  is  permitted  only  where  it  is  during  opening  hours  in predominantly commercial areas. Signs or adverts more than 3.6m above ground level, or if lower above the bottom level of any first floor window on the same wall will not be granted consent unless they are hanging signs or the building is a public house and the sign does not have a fascia and the sign or advert consists of individual lettering attached to it so as to minimise any harmful visual impact and damage to the stonework.

## Comment

In general the adverts proposed in the amended scheme will not detract from the visual amenity of the area. Furthermore the scheme will not harm the amenities of the site, neighbouring properties or the area. Planning conditions will be required to ensure that all existing adverts on the Castle Street and Cross Street Frontages are removed to ensure there is not a proliferation of adverts on the site, in the interests of the visual amenity of the area. In the interests of the character, appearance and visual  amenity  of  the  Conservation  Area  and  the  listed  building,  officers  have requested that one advert from the originally submitted scheme, on the gable end (05) of the building be removed. This is because officers considered that the Inn Keepers  Lodge  sign  on  the  gable  end  appeared  cluttered  and  represented  a proliferation of adverts. Following officers requests this has been removed in an amended scheme shown on drawings 121199 (REV A). It is noted that sign 03 is not strictly in accordance with Local Plan policy LC11 but it is noted that it is a replacement sign and given that sign 05 on the same elevation has been removed from the scheme it is considered sign 05 will not harm the visual amenity of the building or its setting. In terms of public safety the proposal is not considered to cause any safety issues. The Highways Authority (Derbyshire County Council) have been consulted on the scheme and raised no objections subject to the sign being a minimum of 2.5m above adjacent footway, 450mm from kerb. Officers have assessed the proposal in these respects and consider that the proposal complies with these requirements. It is noted that the parish council have objected to the design and appearance of the adverts. However for the reasons set out above officers do not agree with this objection. It is also noted that the parish council and an objector raise the issue of the castle shown in images of the adverts proposed not being Castleton's Peveril Castle. Whilst it does appear to be a missed opportunity for the public houses marketing, consideration of whether the castle shown is relevant to its location is not material to making  a  decision  on  the  application.  As  in  determining  such  applications  the Authority's powers are limited to just public safety and amenity. However officers have discussed this issue with the agent and found that following discussion with the Parish Council they have agreed to use an image of Peveril Castle instead of that shown in the application. It is understood that even though the adverts had already been installed at the site visit in November 2016, the adverts have since been updated to show Peveril Castle. This application is not concerned with the graphic used only its general size and colour, so that amendment should not affect the advertisement consent that has been sought. Subject to those conditions the proposal is considered to be in accordance with the policies of the development plan so far as they are relevant to amenity and public safety.

## Environmental Management None Consultation

Derbyshire County Council  (Highways) -  No objections subject to projecting sign being minimum 2.5m above adjacent footway, 450mm from kerb. Derbyshire Dales District Council - No response to date. Castleton Parish Council -  With reference to the above planning applications the Parish Council would like to object on the grounds of design and appearance. They also feel that it is a shame that a sign that reflected a local landmark has been replaced by one showing a generic castle. The Councillors are also concerned that the  signs  have  already  been  erected,  therefore  making  this  a  retrospective application. Planning officers note the parish council's objection. In terms of the matters that are material to making a decision on this application, which is design and appearance, as  it  is  an  objection  based  on  design  grounds  alone  it  does  not  remove  the application from the officers scheme of delegation. PDNPA Built Environment - The signage is along the lines of the existing, and largely uncontentious. Its noted that the post sign was allowed at appeal following refusal by the PDNPA. The one proposed now is more rustic in design, so better. It is important to keep the signage restrained on the Castle Street gable end elevation, given that this a plain elevation of the building where signage therefore appears more prominent and has a greater impact. Suggest that the larger sign proposed there is acceptable, but not the "Innkeeper's Lodge" oval underneath it. The added ovals under the hanging and post signs are also a bit unsatisfactory, but are in "busier" setting where they have less impact, and therefore they are not contentious. sheet 7 of 8 as submitted shows an "Innkeeper's Lodge" oval hanging sign at the west end of the Cross Street frontage that does not feature on the other plans. I assume this is an error rather than part of the proposal, and I don't think this sign is existing? In any case, I assume that all existing signage on the building is to be removed to facilitate this new proposal.

## Representations

One representation has been received it explains that they do not object to the size or location of the proposed signage as it appears to be a replacement of the existing they do take issue with the image of the castle that is shown as it is an irrelevant castle and not Castleton's Peveril Castle. This issue is dealt with in the body of the report, which explains consideration of the castle shown on the adverts is not material to determining this application.

## Officer Recommendations

The application is recommended for approval subject to the following conditions - 


Standard 5 year.

In accordance with the amended plans shown on sheets 1, 2, 5, 6, 7 and 8 of '121199 (REV A)', subject to the following conditions or modifications.

At the time of erection of the advertisements hereby approved all existing advertisements on the Castle Street and Cross Street frontages of the site shall be shall be removed.