A for effort — but check rules first

06-Mar-2012 - Last updated on 06-Mar-2012 at 11:04 GMT

"Seek planning permission for signs", warns Coulson

You would think that the politicians would favour efforts by pubs to boost custom in order to help them through difficult trading times. But even these best intentions can fall foul of what some people might see as town-hall bureaucracy.

I am reminded of this — not for the first time —on reading in the PMA last week about the Welsh licensee who has been putting an A-board on the verge of the main road nearby, advertising good food at his pub. He has now been fined and issued with warning letters by the council, prohibiting him from using this form of advertising again.

After noise nuisance, planning controls and regulations are probably the second most popular theme in my postbag. Many readers point out that the decisions appear both arbitrary and unfair — what’s good for one trader seems to be unacceptable for another.

The problem is often where the sign or board is actually placed. On a busy high street, this can mean obstruction of the highway, which can be a criminal offence and would therefore involve police action. The other, more common, problem is that of local authority planning permission for the erection of the sign.

Local authorities have the power to control not only the types of buildings which are erected or changed, but also those signs, notices and illuminations which people use on the exterior of the premises and in the highway.

Under the Highways Act local authorities can also operate a licensing system for items placed on the street, which means you will have to pay an annual fee for the space which the sign occupies.

Public houses are among the businesses which need to attract passing trade, but several of them have run into trouble by erecting signs without first obtaining the necessary planning permission.

Local authorities do have the power of veto in this area, and can forbid the erection of signs which they consider an obstruction or potentially hazardous, or order their removal if a sign has been erected without consent. They can do this even if the sign has been there for some time without complaint. You do not gain ‘squatter’s rights’ when it comes to planning matters!

Non-compliance with a council instruction could render the offender liable to court action and in the case of signs, notices and equipment such as satellite dishes, a fine can be imposed for each day that the offending article remains in place.

As with all planning matters, there is an appeals procedure to the Department of the Environment where any person feels aggrieved at their council’s decision.