Do I need to follow the on-line appeals procedure of a PPC

hullensien

@Fruitcake
There has been an update today
Below is an email from the AOS investigations team

“ I have investigated your complaint with the Operator and can advise as follows.

 As previously advised, the Operator had not received any contact from the Council regarding the signage being placed on a listed building.  Following the complaint BaySentry made contact with the Council directly and a resolution has been sought. 

 All signage has now been moved off of the building at the location and onto poles.  I have received images of the site to confirm this has been actioned. 

 In view of the action taken we have closed the investigation”

I made a complaint - specifically highlighting which part of the CoP they had breached and the relevant part of Para 12 of POFA

I got back to the site today - the signs HAVE been taken off the Listed Building and are now on poles. The fact that they have done this proves they knew they didn’t have the LBC otherwise why remove the signs. 

In an unsubstantiated complaint I would always expect the BPA to side with the PPC - but this complaint was backed up with undisputable evidence in the form of a letter from the local council confirming the planning breach and references on the Historic England site proving the building was Listed.

The complaint was not about removing the signs - it was in regard to BaySentry’s breach of the CoP. 

Maybe worth putting in front of the steering committee evidencing the BPA take no action when the PPC breaks the law. 

BaySentry were made aware of the situation 10 months ago yet continued to operate

I will now check to see if planning permission is required for the poles

I will “attempt” to escalate this to Sara Roberts but I won’t hold my breath

Fruitcake

Baysentry will still need advertising consent for the signs, even if they no longer need listed building consent. Again, not having advertising consent for signs is a breach of the PoFA 2012, para 12 AND is a criminal offence. Objections should be made to the council, the BPA, and your MP if the PPC does not have consent.

Baysentry may or may not need planning permission for poles. They do need planning permission for pole mounted ANPR scameras.

hullensien

@Fruitcake
Not sure if advertising consent would be required - its a private residential site - bordered on the roadside with a high wall
The bigger signs on the wall are more than 0.3m square - but are only visible when actually on the private land - is consent still required in this instance?
thanks

Fruitcake

Advertising consent for signs is needed on private land as per the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (“the Regulations”). Section 30 of the Regulations, as also Section 224 of the Town and Country Planning Act 1990, provides that any unauthorised display of an advertisement that requires Express Consent to be displayed is a strict-liability criminal offence.
The only exemptions are for general signs such as Way In, or Names of dentists at a dental practice etcetera.

 

hullensien

Will they not get around it because the land is “enclosed”  - entry is through an ungated opening off a public highway?

Schedule 1 - CLASSES OF ADVERTISEMENT TO WHICH PARTS 2 AND 3 DO NOT APPLY

Class A says “The advertisement is not readily visible from outside the enclosed land or from any place to which the public have a right of access.”

Fruitcake

This all started when the guest of a resident, a member of the public, got a PCN. Since this is a "place to which the public have a right of access", then I would suggest it does apply.

You won't know until you ask/complain.

hullensien

@Fruitcake
Good point - I’ll fire up the Council using that point.
Many Thanks