Contravention C, Plans Sub-Committee No. 4 17

London Borough of Bromley
PART 1 - PUBLIC
Report No.
ES05048
Agenda
Item No.
c
Title:
WJ KING GARAGE, 93-101, BROMLEY COMMON, BROMLEY
Decision Maker:
Plans Sub-Committee No. 2
Decision Date:
17 Mar 2005
Decision Type:
Non-Urgent
Non-Key
Budget/Policy
Framework:
Within policy and budget
Chief Officer:
Chief Planner
Contact Officer:
James Amos, Planner
Tel: 020 8461 7724 E-mail: [email protected]
Ward:
Bromley Common and Keston
1.
Non-Executive
SUMMARY
1.1 This matter was deferred from Plans Sub-Committee on 17th February to enable Members
to visit the site and to carry out further measurements of the luminance of the existing
Vauxhall signs. A site visit has been carried out by Members and further measurements
have been taken of signs that have been illuminated in the intervening period. My
previous report is repeated below with suitable amendments.
1.2 Under ref: 04/00161, advertisement consent was sought for the display of internally
illuminated signs on part of the premises at the WJ King Garage in Bromley Common.
The signs advertised the presence of a Suzuki car dealership at the site and replaced
Vauxhall signs, which were formerly displayed on the site.
1.3 The application was withdrawn prior to a decision being taken as the applicants were
advised (by their own advisers) that they did not require advertisement consent for the
signs. This report seeks Members Views on whether advertisement proceedings should
be taken against the Suzuki signs should they consider the changes to be more than
„minor‟ as stipulated in Government advice.
2.
RECOMMENDATIONS
2.1
Members Views are sought on whether or not to authorise advertisement proceedings
against the Suzuki signs.
1
v1.09-2003
3.
COMMENTARY
3.1 Under ref: 04/00161, advertisement consent was sought for the display of internally
illuminated signs on part of the premises at the WJ King Garage in Bromley Common.
The signs advertised the presence of a Suzuki car dealership at the site and replaced
Vauxhall signs, which were formerly displayed on the site. These were permitted by Plans
Sub Committee in 1999 under refs: 99/00165 and 99/02038. The Vauxhall signs
comprised internally illuminated fascia signs spelling out the words „Vauxhall‟, „Network Q‟
and „W.J. King‟ together with Vauxhall logos in two different sizes. The Suzuki signs
comprise internally illuminated fascia signs spelling out the words „Suzuki‟ and „W.J. King‟
together with the Suzuki logo.
3.2 The application was withdrawn prior to a decision being taken as the applicants were
advised (by their own advisers) that they did not require advertisement consent for the
signs.
3.3 The Town and Country Planning (Control of Advertisements) Regulations 1992 and
Department of the Environment Circular 5/92 relate to applications for advertisement
consent. On the subject of replacement signs, paragraph 9 of the Annex to the Circular
states as follows:
“A change of occupancy of premises may sometimes result in the need for minor
change to an advertisement which has previously received the LPAs consent.
The Secretary of State considers it would be reasonable for LPAs to allow minor
changes (eg where the name of the occupier changes, but the size and type of
display otherwise remain substantially unaltered) without requiring another
advertisement application.”
3.4 This paragraph in the Regulations and Guidance effectively allows for signs to be changed
without the need for another advertisement application where, for example, the name of
the occupier changes, but where the size and type of display otherwise remains
substantially the same. This implies that the names displayed in the signs may change
resulting in perhaps more letters of a different colour.
3.5 With regards to the signs in this case, further measurements have been taken of the signs
that have been illuminated on the site since the last committee meeting. The results of
these are set out below.
Addison Road frontage
Sign
Masterfit
Small red logo
Parts Reception
Vauxhall
Red Logo
WJ King
Vauxhall
Red logo
WJ King
Size
0.45m2
0.39m2
0.75m2
0.88m2
1.21m2
0.51m2
0.88m2
1.21m2
0.51m2
Luminance
Not illuminated
Not illuminated
139 cd/m2
22.4 cd/m2
210.6 cd/m2
67.95 cd/m2
50.8 cd/m2
270.9 cd/m2
90.1 cd/m2
2
v1.09-2003
Bromley Common Frontage (inc signs in forecourt)
Sign
WJ King
Red/white logo
Vauxhall
WJ King
Red/white Logo
Vauxhall
WJ King
Network Q
Red/white Logo
Red and White Griffin
Size
0.51m2
1.21m2
0.88m2
0.51m2
1.21m2
0.88m2
0.51m2
0.74m2
1.21m2
2.24m2
Red Suzuki Logo
Suzuki
Blue WJ King
0.27m2
1.26m2
1.34m2
Luminance
68 cd/m2
248.1 cd/m2
37.1 cd/m2
101.7 cd/m2
260 cd/m2
130.2 cd/m2
110 cd/m2
87.5 cd/m2
59-202 cd/m2
Red: 4-15 cd/m2
White head: 350 – 450 cd/m2
White tail: 80-310 cd/m2
48.2 cd/m2
58.7 cd/m2
65 cd/m2
Bloomfield Road frontage
Sign
Red Suzuki logo
Suzuki
Blue WJ King
Red Suzuki logo
Suzuki
Size
0.27m2
1.26m2
1.34m2
0.27m2
1.26m2
Luminance
49.3 cd/m2
56 cd/m2
72.12 cd/m2
50.2 cd/m2
54 cd/m2
3.6 In summary, the Suzuki letters and logos cover an approximate area of 6.46m 2, whilst the
Vauxhall lettering and logos on the same fascias covered an approximate area of 7.2m 2.
3.7 The luminance of both Suzuki signs and similar Vauxhall signs still on the premises have
also been measured. This has been done to ensure that a fair comparison can be made
between the Suzuki signs and the Vauxhall Signs and by using the same light meter for
both sets of signs. All the signs have been measured using a spot meter as recommended
by the Institute if Lighting Engineers Technical Advisor.
3.8 To make a direct comparison with the Suzuki signs on the premises, the red Suzuki logos
have been measured at approximately 50 cd/m2 whilst the red and white Vauxhall logos
are measured between 210 and 270 cd/m2. The old WJ King lettering is measured at
between 68 and 110 cd/m2, whilst the new WJ King blue lettering at between 65 and 72
cd/m2. The old Vauxhall letters have been measured at between 22 and 110 cd/m2 and
the new blue Suzuki at between 54 and 58.7 cd/m 2. It should be noted that some of the
higher measurements for the existing signs were taken from the petrol station forecourt
where other lighting, particularly downlighters from the petrol station canopy will have an
impact on the readings taken.
3.9 A local resident has written to the Council about the signs and states as follows:
“The Suzuki signs are substantially different from the signs which they replaced in that:
 The illuminated area is bigger
 The illuminated letters are much bigger
 The signs are a different colour (now red and blue)
3
v1.09-2003


The copy is different – there are more letters
They are more visually intrusive than the previous „cut out lettering‟ signs.
Luminance of signs
I note that [the Environmental Health officer] has measured the cd.psm at 65 and 45
cd.psm. This is interesting in view of the fact that:
1. King gave evidence to PSC No4 and to Development Control that signage
measuring less than 200 cd.psm would not appear as illuminated. [I have both
these statements in writing in the event that evidence is needed.]
2. King claimed that the statement at 1. was agreed by LBB Planning Officers
3. The statements were made in the context of an application to quadruple the
luminance of the fascia signage
4. Members of PSC No4 and Development Control believed this evidence and, on
your recommendation, agreed to quadruple the luminance permissible.
Now, it is quite evident that the Suzuki signs are very well illuminated. Indeed the visual
intrusion is greater than the signs that they replaced. This however does not tally with the
evidence on which the quadrupling of luminance was agreed. There are thus the
following alternatives:
A. [The EHO] has measured or reported incorrectly and the signs are not 65
cd.psm
AND/OR
B. The consent for the illuminated fascias in 99.00165 and other applications was
based on false evidence which was endorsed by LBB and that the quadrupling
of the luminance permitted should be revoked.”
3.10 Members will have before them a series of photographs that show the difference between
the two types of signs.
3.11 In the light of the above comments, Members will need to consider whether the new signs
require consent and then to consider whether or not to authorise advertisement
proceedings against the Suzuki signs.
3.12 It is Officers‟ view that the difference in luminance between the former and replacement
signs does not amount to a significant one and that there is therefore, no further significant
impact on „amenity‟.
4.
POLICY IMPLICATIONS
4.1 Policy E.12 of the adopted Unitary Development Plan and Policy BE17 of the second
deposit draft Unitary Development Plan are relevant.
Non-Applicable Sections:
Financial, Legal & Personnel implications
Background Documents:
(Access via Contact
Officer)
Enforcement files contain exempt information, as defined in
Schedule 12A of the Local Government (Access to
Information) Act 1985, and are therefore not available for
public inspection.
4
v1.09-2003