78 Officer Report on Planning Application: 13/01344/ADV Proposal: Advance Directional Sign for the Red Lion Public House, Babc

Officer Report on Planning Application: 13/01344/ADV

Proposal: Advance directional sign for the Red Lion Public House, Babcary (Revised Application) (GR:357634/125318) Site Address: Land To The East And Behind Layby OS 6143 A303 Sparkford Road Parish: West Camel CAMELOT Ward (SSDC Cllr M. Lewis Member) Recommending Case Jane Green Officer: Tel: 01935 462079 Email: [email protected] Target date: 31st May 2013 Applicant: Mr & Mrs C Garrard Agent: Mrs Janet Montgomery Wessex House High Street, Gillingham SP8 4AG Application Type: Other Advertisement

REASON FOR REFERRAL TO COMMITTEE

The application is reported to Committee in view of the Ward Members comments and in agreement with the Area Chair to enable the issues to be fully debated.

SITE DESCRIPTION AND PROPOSAL

Meeting: AE02A 13:14 78 Date: 12.06.13 AE

This is an application seeking advertisement consent for the display of 1 no. non illuminated advance directional sign for the Red Lion Public House, Babcary. The public house lies approximately 4 kilometres away from the junction of the A303 with Steart Hill.

The advertisement is to be located on agricultural land to the east of the layby opposite the bakery on the north side of Sparkford Road, West Camel along the A303. It will be viewed by east bound motorists and is located approximately 140 metres from the junction with Steart Hill that leads to Babcary.

The advertisement will be mounted on posts of 1.5 metres high, of a painted timber construction, with a logo and an arrow advising to take the next left turn. The actual sign would measure 2 metres wide and 1.3 metres at its highest.

This is a revised application following the refusal of the previous scheme on the grounds of impact on visual amenity and highway safety grounds. Only the position of the sign has changed. That advertisement was to be located on land behind the layby on the north side of Sparkford Road, West Camel along the A303 to be viewed by east bound motorists. It was proposed to be located approximately 220 metres from the junction with Steart Hill that leads to Babcary.

Another advance directional advertisement for The Red Lion is proposed located on land behind the grass verge opposite Camel Hill Farm on the A303 at Queen Camel. This is concurrent application 13/01345/ADV.

HISTORY

13/00050/ADV - Advance directional sign for the Red Lion Public House, Babcary at land behind the layby at Sparkford Road, West Camel - Refused March 2013

Meeting: AE02A 13:14 79 Date: 12.06.13 AE

Also relevant: 13/00048/ADV - Directional sign for the Red Lion Public House, Babcary at Land Behind Grass Verge, Opposite Camel Hill Farm, Queen Camel, Yeovil, Somerset - Refused March 2013

POLICY

Section 38(6) of the Planning and Compulsory Purchase Act 2004 repeats the duty imposed under S54A of the Town and Country Planning Act 1990 and requires that decision must be made in accordance with relevant Development Plan Documents unless material considerations indicate otherwise.

In March 2012 the existing national Planning Policy Statements and Guidance Notes (PPS's and PPG's) were superseded by the publication of the National Planning Policy Framework.

National Planning Policy Framework (March 2012) Chapter 7: Requiring Good Design (paragraph 67) Chapter 11: Conserving and Enhancing the Natural Environment

In March 2013 the Government advised of its intention to revoke the Regional Spatial Strategy and the Somerset and Exmoor National Park Joint Structure Plan Review. Accordingly, regard needs to be had to the development plan policies of the saved policies of the South Somerset Local Plan (2006).

The policies of most relevance to the proposal are:

South Somerset Local Plan (Adopted April 2006) ST5 (General Principles of Development) ST6 (Quality of Development) EC3 (Landscape Character) MS7 (Control of Advertisements)

South Somerset District Council's Supplementary Planning Guidance - The Design of Shopfronts Signs and Security Measures (adopted June 1996)

Planning Circular 03/2007: Town and Country Planning (Control of Advertisements) (England) Regulations 2007

CONSULTATIONS

SSDC Technical Services - No comment

Highways Agency - "We have considered the information provided and received confirmation from you that the signs are to be located behind the boundary and offer the following advice. The signs include a directional arrow which may lead to confusion with authorised road signs; we would therefore request that were you minded to approve these applications that a condition is applied to have the directional arrow omitted. The village of Babcary is signposted at the junction with the A303 and the applicants should consider if they could make their customers aware of this in their marketing which would then reduce the need for directional signs. We note the Local Authority has made good progress in recent years in reducing the amount of advertisement signs along the A303 thereby improving the amenity for road users and residents. Were more signs to be approved in this area there is a danger that

Meeting: AE02A 13:14 80 Date: 12.06.13 AE confusion could arise from their presence with drivers having to look more closely for the one they want and therefore being distracted for longer when they should be paying attention to the road. This could result in an increased risk of an accident occurring on this busy section of the trunk road. If you are minded to approve these applications please add this advisory to the decision notices: Any signs erected within highway land for which the Highway Agency is the highway authority will be removed as they would be deemed an obstruction to the highway.

County Highway Authority - Comments as per previous application. These were: "As you will no doubt be aware, the Highways Agency, would deal with any impact upon the adjoining Highway in this particular location, which is the A303, rather than Somerset County Council in their capacity as Highway Authority. Whilst effectively this Authority have not jurisdiction over the A303, I feel it is appropriate to set out how such applications are assessed when we do. I am concerned that if signs are permitted on such routes at the A303, it could set a precedent for allowing such signage on lesser trafficked routes. It is also noted that there have been a series of personal injury accidents along the A303 in relatively close proximity of the where these signs will be located. The Highway Authority would generally not welcome non-highway related signage on or next to the highway and have been raising highway objections and recommending refusal of advertisement proposals. Many of the unauthorised signs that are appearing across the district together with the applications that are actually applying for the appropriate consent, seek to promote & advertise a business and its products, and collect passing trade rather than to aid or direct the travelling motorist to an already 'chosen' destination such as a tourist destination for example. Therefore the purpose of these "signs" is to effectively distract passing motorists/pedestrians, which could result in a greater likelihood of conflict or an accident occurring on the public highway, which is considered to be detrimental to highway safety. The main difference when considering advertisement applications as opposed to ordinary planning applications is that Section 220 (1) of the Town & Country Planning Act (T&CPA) 1990 states clearly that the Act shall make provision to restrict or regulate advertising in the interests of amenity, or public safety. The LPA should also consider the cumulative effect of multiple signs (if subsequently approved) would significantly distract drivers and in rural areas detract and urbanise the rural countryside. In terms of public safety, the LPA's attention is drawn to the 'Traffic Signs and General Directions 2002', which specifics certain design criteria to ensure that highway signs are legible, provide concise, relevant information and therefore cause minimum disruption to passing motorists. For instance, the height of text on traffic signs directly relates to the speed of traffic to ensure that they are visible from a certain distance and the colours of the signs are specifically designed to enhance the legibility of the sign. The LPA's attention is also drawn to Circular 03/2007 - Appendix B, Paragraphs (h) (iii) & (iv) which state: (h) those which embody directional or other traffic elements and which need special scrutiny because of possible resemblance to, or confusion with, traffic signs e.g. advertisements which: - (iii) invite drivers to turn, but are sited so close to the turning that there is not enough time to signal and turn safely". (iv) are so close to similar advertisements, or official traffic signs, that road users might be confused in the vicinity of a road junction or other traffic hazard. In addition, reference is made to Circular 03/2007 Paragraph 148, which states in relation to the Highway Agency that: "The road safety and amenity issues raised by

Meeting: AE02A 13:14 81 Date: 12.06.13 AE these advertisements mean that it is unlikely that express consent to display them would be given". The same principles of driver distraction that the Highways Agency would apply to a motorway or trunk road, equally applies by the local Highway Authority to its road network. To clarify an earlier point, tourist destination signage is recognised as providing 'directional signage' rather than advertising signage, to tourist destinations, and where motorists have mainly already made their decision to visit the tourist attraction and are trying to reach a certain destination. Tourist signs compliment advertising through other medium such as newspapers and the internet, etc. As such, the design and standards applied to tourist signs are covered in the Traffic Signs and General Directions 2002 (TSRGD), which specifics certain design criteria to ensure that signs are legible and cause minimum disruption to the passing motorists. For instance, the height of text on traffic signs directly relates to the speed of traffic to ensure that they are visible from a certain distance. As such, these are classified as non- approved signs."

SSDC Landscape Architect - "I note the revised application seeking signage for the Red Lion at Babcary. Whilst the siting is amended, the issues remain as the previous, and I refer you to my earlier response: I note the above applications seeking the provision of advance signage to both east and west of the Babcary turn alongside the A303, advertising the Red Lion PH. There is currently national concern over increased amounts of signage in both town and country, and a drive coming from government to 'de-clutter' the environment. Official Highway signage along rural roads is unavoidable to some extent, and subject of a degree of tolerance, though that is not to say that such signage could not be reduced - that is a discussion for another day with County Highways. In this instance, these private signs would add to the visual clutter of signboards and other small-scale incident along the roadside, and would contribute toward a sporadic 'corridor' of such visual incident, with highways signs also in the vicinity. Though small-scale, they are no more acceptable for being small in size. Consequently I view the signs as having the potential to have a negative impact upon local landscape character, and whilst the degree of impact is not significant, it does provide a basis for refusal (contrary to policy ST5 para 4) if there is no planning justification for their presence. The applicant does have the option of approaching County Highways to agree an approved 'brown' advertising sign, which does offer the potential for better concentrated and coordinated signage with existing signs."

West Camel Parish Council - "West Camel Councillors have agreed to maintain their decision on the original application 13/00050/ADV to not object." That was: "The above application and plans have been examined by all councillors and by majority opinion I am empowered to pass a decision of No Objection. West Camel Parish Council wish to add the comment that the Planning Officer should be aware that Steart Hill and Steart Road are subject to high volumes of HGV traffic emanating to/from Steart Hill Farm and this may be a road safety issue for drivers having just left a major trunk road (A303)."

REPRESENTATIONS

6 neighbours notified and site notice (general interest) erected, one letter of support has been received by the Chairman of Babcary Parish Council which states the Red Lion is not an easy venue to locate from a southerly direction.

Meeting: AE02A 13:14 82 Date: 12.06.13 AE

CONSIDERATIONS

Principle of Development

The application relates to the provision of an advance directional sign to advertise the public house and six letting rooms now offered since their completion in May 2012. The public house has 17th century origins and is Grade II listed and located some 4 kilometres away from the proposed advert. The proposed sign is outside any defined development areas and in open countryside. They are also proposed on land adjacent to the A303, which is a trunk road.

Saved Local Plan policy ST6 states that development should "preserve and complement the key characteristics of the location and should not cause unavoidable harm to the natural and built environment of the locality and the broader landscape." Similarly, saved policy EC3 states that "development outside development areas, which is otherwise acceptable, should not cause unacceptable harm to the distinctive character and quality of the local landscape." Saved policy MS7 states that "permission for the display of advertisements will be permitted where they are in keeping with the character of the surrounding area in terms of siting, design, materials, illumination and scale," as well as where they "do not prejudice public safety." In respect to applications for advertisements outside development areas, this saved policy specifically states that "permission will only be granted in exceptional circumstances." The policy highlights exceptional circumstances as when it is necessary in terms of highway safety to give advance warning to motorists. When considering such applications, the officer's decision should be made in the interests of 'amenity' and 'public safety'. Paragraph 67 (chapter 7) of the National Planning Policy Framework, also recognises the negative impact that poorly placed advertisements can have on the built and natural environment. However, this guidance supports control of advertisements only if they would "clearly have an appreciable impact on their surroundings." The need to consider the interests of 'amenity' and 'public safety' is repeated.

Guidance within paragraph 153 of Circular 03/2007 does recognise that advanced signs for local tourist facilities, such as hotel, restaurants, or inn and bed and breakfast facilities, can be a vital way of attracting potential customers, thus benefiting the local economy. If refused, this should be done on grounds of 'amenity' and 'public safety'. Paragraph 148 of this circular does however acknowledge that there are road safety issues in displaying advertisements alongside motorways and other trunk roads. The Highway Agency is the usual consultee and it is stated that they are unlikely to support any application for an advertisement which could distract drivers. It is further stated that "the road safety and amenity issues raised by these advertisements mean that it is unlikely that express consent to display them would be given."

Amenity

In regard to amenity, it is noted that the site is relatively rural in nature and largely devoid of adverts, other than official highway signage, which is prevalent along the A303. It is noted that despite a bakery operating opposite the road nearby there is no freestanding signage advertising its goods. The planning agent argues that the revised position reduces the impact of the sign due to the backdrop of trees/vegetation. It is noted this is a modest tree located close to the grass verge and gives little shield to the almost 3 metre sign to be erected close to it.

The location of the sign is beyond any development area. The location of the sign is beyond any development area. The agent on the previous application was asked to demonstrate what the exceptional circumstances were in this case to justify the need for

Meeting: AE02A 13:14 83 Date: 12.06.13 AE the sign. These same reasons were given by the planning agent on this application:

1. Over the last year the Red Lion has invested significantly in diversifying the core pub business by the provision of 6 letting bedrooms. The occupancy rate of the rooms has however been more sluggish than planned for, which is having a detrimental effect on the viability of the business. Particularly during the setting up of the rooms side of the business the advance directional signs are essential, not only to inform customers of the additional facilities available but also to direct customers to the pub in order to achieve the letting levels required to continue financing the project. 2. The Red Lion, Babcary now employs 25 people in total. To retain this employment they need to expand the occupancy rate of the bedrooms. The signs are essential to retain these employment opportunities. 3. For customers who have pre-booked rooms advance directional signs are essential to forewarn them of the crossroads junction well in advance of the junction itself. All too often customers have passed the junction before realising they had to turn off the A303. 4. With harsh trading conditions and continual economic downturn the Council should be supporting every initiative of businesses to retain, and indeed, improve on existing turnover. Encouraging small businesses is an essential tenet of the NPPF and I would refer in particular to paragraph 28, and bullet points 3 & 4. I would emphasise that the NPPF specifically mentions public houses as integral to the rural economy and the need to be supported. 5. Whilst you refer to Policy MS7 of the old Local Plan I would draw your attention to Policy EP15 of the proposed submission Local Plan 2006-2028. This policy reinforces the thrust of the NPPF and the need for the Council to actively assist in the protection and provision of local facilities, again, specifically referring to public houses. 6. The applicants have explored the possibility of brown signs but understood that their business had to attract a certain number of visitors before being eligible. In any event, the signs proposed have the discreet but characteristic logo of the red lion which assists in providing very clear signage to the specific business premises 7. The circumstances of this business are unique, not only in terms of the facilities provided but also the stage that the business is at with the recent building of the letting bedrooms. This application should be considered on the merits of the case and with the unique circumstances this application would not set a precedent for other businesses.

Whilst these reasons are appreciated it is considered these do not outweigh the concern that a precedent could be set and any business in a village that leads from the A303 could require similar signage. It is noted directional signage along this stretch of road advertises The Mildmay Arms pub in Queen Camel (approved by Committee under reference 09/04439/ADV) for two signs on the east bound side of the A303, Waynes Diner (approved under reference 12/01315/ADV) for one sign to be read by west bound road users, and a historic sign for The Walnut Tree public house which it appears no consent was sought. It is therefore considered that this business is not unique and further unnecessary signage should be avoided to prevent clutter and the proliferation of such signs in the open countryside.

Furthermore it has not been demonstrated that other means of advertising has been explored to attract patrons to the business. It is considered that a tourist is likely to book a room for an overnight stay in advance of a journey and would have likely to have viewed the Red Lion's website where a map is available before the journey. With satellite navigation systems now widely used this is considered to negate the need for directional signs in any case.

The Council's Landscape Architect has also raised the issue of national concern regarding increased amounts of signage on roads and associated drives to de-clutter the environment.

Meeting: AE02A 13:14 84 Date: 12.06.13 AE

It is also noted the sign is of a large scale and although not illuminated would be prominent in the open countryside setting. This site has an open field backdrop and although this advertisement is close to a modest tree, would be highly obtrusive and would detract from the rural qualities of this setting.

Public Safety

The Highways Agency have jurisdiction over the A303 as a trunk road. They point out that Babcary is signposted at the junction with the A303 and as such would be clear that the business can be found following the Highways' signs to the village negating the need for additional directional signs.

They also acknowledge the progress made in recent years by the Local Authority to reduce the amount of advertisement signs along the A303 thereby improving the amenity for road users and residents. They also point out that if there were more signs confusion could arise from their presence with drivers having to look more closely for the one they want and therefore being distracted for longer when they should be paying attention to the road. They do suggest that if the LPA were minded to grant consent that the directional arrow depicted on the sign should be omitted and an advisory note should remind the applicant that any sign erected on land for which the Highway Agency is the highway authority will be removed as they would be deemed an obstruction to the highway. Indeed Circular 03/2007, Appendix B, Paragraph 2 refers to the types of advertisement which may cause danger to road users are: (amongst others) (h) (i) those which contain a large arrow or chevron; (ii) invite drivers to turn right on a main road, or where there is fast moving traffic; (iii) invite drivers to turn, but are sited so close to the turning that there is not enough time to signal and turn safely; (iv) are so close to similar advertisements, or official traffic signs, that road-users might be confused in the vicinity of a road junction or other traffic hazard.

The County Highways Authority, although having no jurisdiction over this trunk road, do have concerns that if signs such as these are permitted on such routes as the A303, it could set a precedent for allowing such signage on lesser trafficked routes over which they do have control over. They also point out that there have been a series of personal injury accidents along the A303 in relatively close proximity of where these signs will be located. They also advise the LPA should consider the cumulative effect of multiple signs (if subsequently approved) would significantly distract drivers and in rural area detract and urbanise the rural countryside.

Reference is made to Circular 03/2007 Paragraph 148, which states in relation to the Highway Agency that: "The road safety and amenity issues raised by these advertisements mean that it is likely that express consent to display them would be given". The same principles of driver distraction that the Highways Agency would apply to a motorway or trunk road, equally applies to the local Highway Authority to its road network.

Overall it is considered that the Highways Agency and Highways Authority have made a clear case for refusal of the application on the grounds of highway safety and the need to reduce the distractions which can detract from driver concentration. Although noted this stretch of road is subject to 50 miles an hour restriction, it is considered the proposed sign could lead to a distraction from the primary task of driving. The additional concern, if approved, is that a precedent could be set leading to further applications for advertisements for other businesses which would further distract drivers. The revised position of the sign even closer to the Babcary turning also gives even less time for a driver to indicate and make a decision to commit to taking the turning.

Meeting: AE02A 13:14 85 Date: 12.06.13 AE

Conclusion

In this case, the sign due to its location in the open countryside and being situated approximately 4.5 kilometres away from the advertised business has no bearing or visual relationship with the subject of the advertisement.

The planning agent maintains that this sign is sought chiefly to advertise the pub's presence to passing motorists along the A303 in an effort to generate additional trade. Whilst this reason is understandable for economic reasons it cannot be cited as exceptional circumstances that act to override the policy and visual amenity objections already raised. There are many rural businesses in the vicinity which would undoubtedly also like to generate additional passing trade through roadside signage, if the proposed signage were permitted for this reason it would be difficult to resist other such proposals leading to a proliferation of signs in the open countryside to the detriment of the rural environment and be prejudicial to highway safety.

The proposed sign due to its position, detailing and proximity to the public highway (A303) is likely to distract, or confuse road users and overall would be prejudicial to public safety.

RECOMMENDATION

Refuse for the following reason:

SUBJECT TO THE FOLLOWING:

01. It is the Council's policy to only allow roadside advertisements in exceptional circumstances in the interests of protecting the character and visual amenities of the area and to protect public safety. The proposed advertisement sign would detract from the visual amenities of this rural area and cause distraction and confusion to drivers. In this particular case the reasons provided by the applicant do no outweigh the visual amenity and highway safety concerns. Approval of the application would likely to create an unfortunate precedent for applications for further similar advertisements which the Local Planning Authority would then find difficult to resist. As such, the proposed development is contrary to the aims and objectives of saved policies ST5, ST6, EC3 and MS7 of the South Somerset Local Plan, the provisions of Chapter 7 of the National Planning Policy Framework and guidance contained within Planning Circular 03/2007.

Informatives:

01. In accordance with paragraphs 186 and 187 of the NPPF the council, as local planning authority, takes a positive and proactive approach to development proposals focused on solutions. The council works with applicants/agents in a positive and proactive manner by; - offering a pre-application advice service, and - as appropriate updating applications/agents of any issues that may arise in the processing of their application and where possible suggesting solutions

In this case, the applicant/agent did not take the opportunity to enter into pre- application discussions.

Meeting: AE02A 13:14 86 Date: 12.06.13