Kensington House, 136 Suffolk Street Queensway, City Centre, Birmingham, B1 1LN. Display of 1 no. internally illuminated freestanding digital sign.

Transcription

1 Committee Date: 08/01/2015 Application Number: 2014/08565/PA Accepted: 25/11/2014 Application Type: Advertisement Target Date: 20/01/2015 Ward: Ladywood Kensington House, 136 Suffolk Street Queensway, City Centre, Birmingham, B1 1LN Display of 1 no. internally illuminated freestanding digital sign. Applicant: Agent: King Media Management Ltd 16 Wetherby Gardens, London, SW5 0JP Recommendation Approve Temporary 1. Proposal 1.1. This application seeks advertisement consent for the display of 1 no. internally illuminated LED freestanding sign. The advertisement would be sited on a grassed bank in front of Cleveland Tower. It would be set back about 25m from Holloway Circus and would be about 7m from a footpath that runs along the top of the bank The freestanding sign and its framework would measure 3.55m (h) x 6.3m (w) x 0.5m (d). The advertisement panel would be constructed on a plinth measuring 1m (h) x 5m (w) x 0.5m (d) The proposed sign would replace an existing digital display sign (owned by another company) that fronts onto Holloway Circus, which would be removed as part of the proposed highway improvement works at this junction. Proposed Elevation 2. Site & Surroundings 2.1. The application site relates to a grassed area of open space fronting onto Holloway Circus, a large roundabout which forms the junction of the A38 Suffolk Street Queensway with Holloway Head and Smallbrook Queensway. The surrounding area is mixed with two large residential towers to the south and west on either side of Holloway Head. To the east is Beetham Tower, a mixed hotel and residential building on the opposite side of Holloway Circus Queensway. There is a tree preservation order on a tree to the north of the site, close to an existing pedestrian footpath. There are a number of advertisements within the vicinity. Location Plan Street View Page 1 of 6

2 3. Planning History Holloway Head, Junction of Suffolk Street Queensway /07108/PA - Display of 1 no internally illuminated mega 6 sheet advertisement hoarding Withdrawn /08/ /04351/PA - Display of 1 no. internally illuminated free standing sign Approve Temporary /06/ /03219/PA - Retention of 1 no free standing 48 sheet illuminated digital display and associated fencing Approve Temporary for 6 months /12/ /08401/PA - Application to renew application 2013/03219/PA for 1 x 48 sheet illuminated digital display and associated fencing Approve Temporary for 6 months /07/ /02989/PA - Application to renew application 2013/08401/PA for 1 x 48 sheet illuminated digital display and associated fencing Approve Temporary until 31 st December Kensington House, 136 Suffolk Street Queensway /02/ /03771/PA - Display of 1 no. internally illuminated hoarding sign- Refused and subsequent appeal allowed /10/ /05862/PA - Display of 1no. externally illuminated advertisement hoarding Refused on the following grounds: The proposed advertisement(s) by reason of its location would result in an adverse visual impact and visual clutter in the surrounding area due to the presence of other nearby signage. As such it would be contrary to Paragraphs 3.8, 3.10 and 3.14D of the Birmingham UDP 2005 and the National Planning Policy Framework. 4. Consultation/PP Responses 4.1. Birmingham City Centre Management and Southside Business Improvement District notified. Site notice posted Letter of objection from Signature Outdoor Ltd (owner of the existing advertisement fronting Holloway Circus) as it conflicts with an existing consent that was granted in accordance with application 2014/02989/PA. They have signed a contract with the City Council to display an number of advertisements on City Council owned land and they consider that it is unacceptable for a third party to seek to take commercial gain from a lawful and lengthy process. They suspect that the applicant is awaiting a road improvement scheme which will remove the existing advertising site, however, they believe that they will be able to reconstruct the foundation of this site to accommodate the display on land that BCC retains following any road improvement that may be planned for this location Transportation Development a full motion sign in this location would not be supported but a static LED sign would be acceptable if the same conditions are applied as per previous approval for the existing Signature LED digital sign already operating in this area. Page 2 of 6

3 4.4. Transportation Infrastructure Projects - the land immediately to the rear of the existing Signature Outdoors Ltd. sign is owned by the Applicant, and would need to be transferred to the ownership of the Council to allow both the highway improvement to proceed and the existing sign to be relocated. The Council is currently negotiating the transfer of the land, but a condition of the Applicant is that the land cannot be used for any third party advertisement signs. Hence, Signature Outdoors Ltd. would not be able to simply transfer their current sign position as they believe. Regardless of how the land is obtained by the Council the Applicant will continue to insist that no third party advertisement signs are erected within the obtained land. Where the Council could seek to obtain the land through a Compulsory Purchase Order (CPO), the Applicant would fiercely contest this as the Council and Signature Outdoors Ltd. would receive income over and above the current purchase value of the land. This delay would also incur considerable cost and delay to the Council, and this is likely to put the highway improvement delivery at risk. Hence, the Council is seeking to obtain the land without recourse to a CPO, and would accept any consequential conditions it imposes on future advertisements. 5. Policy Context 5.1. Birmingham Unitary Development Plan 2005, Emerging Draft Birmingham Development Plan 2031; Location of Advertisement Hoardings (1998) which has been adopted as Supplementary Planning Guidance, National Planning Policy Framework 6. Planning Considerations 6.1. The National Planning Policy Framework states that advertisements should be subject to control only in the interests of amenity and public safety A series of temporary advertisement consents have been granted for the display of a 48 sheet digital advertisement display fronting Holloway Circus. The applicant for that sign (Signature Outdoor Ltd) has indicated that they are seeking to renew the most recent consent (application 2014/02989/PA), which expires on the 31 December However, the land (owned by the City Council) on which this advertisement is sited, is required for highway improvements to the junction, which due to start in spring next year Discussions. Therefore, if advertisement consent is granted to renew the permission, it is only likely to be permitted for a temporary period of time The proposed advertisement (the subject of this application) would be located behind the existing advertisement, further up the grassed bank in front of Cleveland Tower, about 25m from the existing alignment of Holloway Circus. When the highway works are complete it would be sited just behind the visibility splay and hence it would not be possible to display another advertisement in front of it Once the highway improvement works begin and the existing sign is removed, then I would have no objections in principle to an advertisement sign in the location proposed. The area around Holloway Circus is mainly commercial and whilst there are residential properties nearby at Cleveland Tower and Beetham Tower, I do not consider that the amenities of these residents would be adversely affected by the proposed sign. The greater set back from Holloway Circus would also lessen the impact on views of the Pagoda, which is sited in the middle of the traffic island. Page 3 of 6

4 6.5. A condition is attached to ensure the proposed sign is not displayed until the existing sign is removed. This will ensure that the existing and proposed signs are not displayed at the same time. Subject to this condition I do not consider that the proposed sign would overload the area with advertisements The proposed advertisement would be no larger than the existing sign. I therefore consider that it would be in scale with its surrounding, which around Holloway Circus, includes three towers and a six storey building The proposed digital sign would be visible to traffic approaching from the south. Transportation Development have raised no objections subject to the proposed advertisement being limited to static images (rather than full motion) and the same conditions attached as per the existing advertisement. The applicant has confirmed that the application would be static images and not for a full motion display. Additionally, as per the most recent temporary consent for the existing advertisement conditions are attached to limit the use of the advert, length of time for each display, intensity of illumination and a scheme of control of intensity of the illumination In relation to the objection, any negotiations around the land transfer / CPO are outside the consideration of this application. The key issues for the LPA is that only one advert is displayed, regardless of whose advert it is and whose land it sits on. 7. Conclusion 7.1. Once the highway works at Holloway Circus commence and the existing sign is removed, then I consider that the proposed sign is acceptable subject to safeguarding conditions. 8. Recommendation 8.1. Approve Temporary 1 Requires the new Advert to replace the previously approved advert 2 Limits the use of advert 3 Limits the use of advert 4 Limits length of the display of advert 5 Details for the control of the intensity of the illumination 6 Requires the scheme to be in accordance with the listed approved plans 7 Limits the approval to 5 years (advert) Case Officer: David Wells Page 4 of 6

5 Photo(s) Page 5 of 6

6 Location Plan This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No , 2010 Page 6 of 6