DEVELOPMENT SERVICES PLANNING COMMITTEE FOR DECISION 15th December 2020 Ladies and Gentlemen, The applications within this report have been submitted for determination under the Town and Country Planning Acts and associated legislation. All applications within this report are “Delegated” to this Committee but can be moved “Non-Delegated” by a Member of the Committee under the terms adopted for the Scheme of Delegation approved by Council, 16th May, 1994. Any such motion needs to be accepted by a majority of Members of the Committee present (Council, 8th August, 1995). All applications left as Delegated will be decided by the Committee and will not be subject to confirmation by Council. The application plan numbers also refer to files for the purposes of background papers. PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 12 noon, three working days before the date of the Planning Committee meeting. Information on how to make the application can be obtained by viewing the Council’s website www.barrowbc.gov.uk or by contacting the Planning Business Support Team at [email protected] or by telephone on 01229 876405.. Jason Hipkiss Development Services Manager (Planning and Enforcement) Page 1 of 38 B22/2020/0771 Planning Committee 15th December 2020 Application Number : B22/2020/0771 Date Valid :24/11/2020 Address : Forum 28, Duke Street, Barrow- Case Officer : Jennifer Dickinson in-Furness, Cumbria. LA14 1HH Proposal : Advertisement consent to display 6 projection lights to project images onto the Town Hall. Ward : Hindpool Ward Parish : N/A Applicant : Mr L Winter, Barrow Borough Agent : Mr L Winter, Barrow Borough Council Council Recommendation : Granted with Statutory Date : 19/01/2021 Conditions Barrow Planning Hub Relevant Policies and Guidance Full details of the policies listed below are included in the appendix National Policies 1. National Planning Policy Framework 2018 - Para NPPF-132 Local Plan Policies 1. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 2. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 3. Barrow Borough Local Plan 2016-2031 - Policy DS5 - Design Summary of Main Issues As this application is for Advertisement consent the main considerations are limited to public safety and amenity. As the Council is the applicant and it relates to council owned property it is necessary to report this matter to committee. Page 2 of 38 Response to Publicity and Consultations Neighbours Consulted Street Name Properties Duke Street 26, 50 52, 51 55, Market Street Holiday Inn Express, Responses Support Object Neutral 0 0 0 0 Consultations and site notice expire on 18.12.2020 Organisations Consulted Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Estates) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways) List of Organisation Responses Cumbria County Council (Emergency Planning) 25/11/2020 "Our response is the following: The BAE site is covered by the provision of the Radiation (Emergency Preparedness and Public Information) 2019 Regulations. There are no objections to the proposed development based on the information provided but it should be noted that the proposed development is situated within the Detailed Emergency Planning Area of BAE. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements are made for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site. Accordingly I would be grateful if you could, in the event of the application being approved, advise the applicant to liaise with this office to allow for further discussion." Highways Cumbria County Council (Highways) 30/11/2020 Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below. Page 3 of 38 I can confirm that the Highway Authority and Lead Local Flood Authority has no objections to the proposal, subject to the following recommended conditions being included in any Notice of Consent which may be issued: The lighting units shall be erected so that no direct rays of light from the source of illumination shall be visible to the drivers of vehicles using the highway, and shall be maintained in that respect thereafter. Reason: In the interests of highway safety. To support Local Transport Plan Policies: LD7, LD8 Officers Report 1.Site and Locality 1.1 The host property is the Forum entertainment venue which is positioned opposite the Town Hall on Duke Street across the Town Square. It is situated within the centre of town adjacent to the indoor market and adjacent to retail premises. The locality of the site is characterised by commercial buildings and offices with the Holiday Inn Express nearby on Market Street. 2. Proposal Details 2.1 Advertisement consent to display 6 projection lights to project images onto the Town Hall including the clock tower. The lights are multi-coloured and are to be positioned facing upwards from above ground floor level. They have changeable 'gobos' which display stencil type shapes, for example a poppy or snowflake, onto the building, dependent upon the nature of the subject or celebration. 3. Relevant History 3.1 1988/0003 Land Between Dalton Road and Duke Street Barrow-in-Furness - Outline permission for covered town centre re-development scheme. Appcond 18/02/1988 3.2 45/2005/1638 Forum 28 28 Duke Street Barrow-in-Furness - Enclosure of part of built over area plus internal alterations to give additional ground floor space for existing uses. Approved 30/11/2005 3.3 83/2006/0026 Forum 28 Duke Street Barrow-in-Furness - Advertisement Consent to display 4 no. internally illuminated fascia signs to the front and side elevation Appcond 08/02/2006 3.4 84/2006/0680 Forum 28 Duke Street Barrow-in-Furness - Advertisement Consent to install five flags on the front elevation at first floor level. Appcond 21/06/2006 3.5 B18/2011/0677 26 Tastebuds Duke Street Barrow-in-Furness - Installation of awnings to front elevation. Appcond 08-DEC-2011 Page 4 of 38 3.6 B21/2009/1806 Forum 28, Ginnel and Town Square Duke Street Barrow-in-Furness - Installation of 4.6 metres high timber panelling along western facade of Forum 28 incorporating vitreous panel artwork, mural and display panels. Provision of steel screen gates to service area and Market car park stairs entrance adjacent to Town Square Appcond 03-DEC-2009 3.7 B22/2009/1199 Forum 28 Duke Street Barrow-in-Furness - Advertisement Consent to display 1 No. illuminated fascia sign above main entrance, 4 No. non-illuminated fascia signs above ground floor glazing and 1 No. illuminated box sign above Tourist Information Centre. Appcond 08-SEP-2009 3.8 B22/2010/1127 Forum 28 Duke Street Barrow-in-Furness - Advertisement consent to display banner on east corner. Appcond 06-OCT-2010 3.9 B29/2009/0213 Forum 28 Duke Street Barrow-in-Furness - Formation of draught lobby and extension of gallery. Repositioning of security gates. Appcond 18-MAR-2009 Relevant Legislation, Policies and Guidance 3.10 Legislation Town and Country Planning (Control of Advertisements) (England) Regulations 2007 Planning (Listed Buildings and Conservation Areas) Act 1990 Sections 66 and 72 3.11 National Policies 1. National Planning Policy Framework 2018 - Para NPPF-132 3.12 Local Plan Policies 1. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 2. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 3. Barrow Borough Local Plan 2016-2031 - Policy DS5 - Design Planning Practice Guidance 3.13 Regulation 3 requires that local planning authorities control the display of advertisements in the interests of amenity and public safety, taking into account the provisions of the development plan, in so far as they are material, and any other relevant factors. Unless the nature of the advertisement is in itself harmful to amenity or public safety, consent cannot be refused because the local planning authority considers the advertisement to be misleading (in so far as it makes misleading claims for products), unnecessary or offensive to public morals. Page 5 of 38 3.14 There are no specific local plan policies relating to adverts. Local Plan Policy DS5 is considered relevant along with National Planning Policy Framework paragraph 132 which makes reference to how the quality and character of places can suffer when advertisements are poorly sited and designed. 4. Officer Assessment 4.1 The proposed development involves the installation of 6 exterior light projectors similar to those which would be used for stage lighting. The proposed units are suitable for outdoor locations and provide illumination which will project symbols or designs onto the Town Hall. These are to be evenly positioned along the front elevation of the Forum building just above ground floor level and face towards the Town Hall. Supporting information provided explains that: "The lights will be fixed to the Forum and pointed at the Town hall building on the Duke street, pedestrianised elevation only. The lights will be on a dimmer so intensities can be altered, not just full on all the time. The lights will be focused onto the Town hall structure only and no light will spill from the sides. The lights will not be on all of the time, only for special occasions and holidays. The lights are going to be installed high enough so they will not be shining into the highway or the Duke street pedestrianised area.