Report Item 2 – 26/00366/ADV – New Forest District Council, NFDC Car Park, Brookley Road, Brockenhurst SO42 7RA

1. REASON FOR COMMITTEE CONSIDERATION

Contrary to Parish Council view

2. POLICIES

Development Plan Designations

• Defined New Forest Village
• Conservation Area

Principal Development Plan Policies

• DP2 General development principles
• DP18 Design principles
• SP7 Landscape character
• SP15 Tranquillity
• SP17 Local distinctiveness

Supplementary Planning Documents

• Design Guide SPD

NPPF

• Sec 12 - Achieving well-designed places
• Sec 15 - Conserving and enhancing the natural environment
• Sec 16 - Conserving and enhancing the historic environment

3. MEMBER COMMENTS

None received

4. PARISH COUNCIL COMMENTS

Brockenhurst Parish Council: Recommend refusal with the following comments:

Councillors approved the sign but were concerned about the proposed location and wanted clarification that pedestrians would not be compromised by traffic entering and exiting the car park.

5. CONSULTEES

• Building Design and Conservation Officer: No objections
• Hampshire Highways: no objection in principle to the proposal from a highway perspective.

6. REPRESENTATIONS

None received.

7. RELEVANT HISTORY

Erect new block of public conveniences in revised location with amended car parking layout (demolish existing) (02/74986) granted on 09 October 2002

Pipe existing ditch and form 16 additional parking spaces (NFDC/92/50750) granted on 11 November 1992

8. ASSESSMENT

Application Site

8.1 The application site is located towards the entrance of the main public car park, within the Defined Village boundary and the Brockenhurst Conservation Area. In the near vicinity is a range of functional and decorative street furniture, signage associated with car park and retail businesses in the High street, cycle stands, lamp posts and litter bins.

Proposed Development

8.2 The application seeks planning permission and advertisement consent to install and display 2no non-illuminated single-sided noticeboards. The purpose of the notice boards would be to display tourist information and notices that deliver key New Forest messaging such as the New Forest Code.

8.3 The notice boards would replace existing signage for which there is no planning permission. It is likely that this signage was installed by New Forest District Council (NFDC) under their permitted development rights. Planning permission and advertisement consent are now required because the notice boards would be associated with a separate tourism business (Go New Forest). Although subsidised by NFDC, the private business no longer benefits from local authority permitted development rights, hence the requirement for permission.

Consideration

8.4 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and paragraph 48 of the National Planning Policy Framework (NPPF, 2024) require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

8.5 Regulation 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 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 or unnecessary.

8.6 The adopted New Forest National Park Local Plan 2016-2036 (2019) (herein referred to as the 'Local Plan') does not rule out the general principle of introducing signage and therefore the general principle of the proposal is considered acceptable subject to having regard to all relevant development plan policies alongside any material planning considerations, including the provisions within the NPPF.

8.7 Paragraph 141 of the NPPF states that advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts. Planning Practice Guidance similarly advises that advertisements are controlled with reference to their effect on amenity and public safety. These therefore form the key issues to consider for the purposes of this application, together with relevant development plan policies and any other material considerations.

Amenity

8.8 The notice boards would provide functional signage for a private tourism enterprise (Go New Forest) and they would not be illuminated. Planning Practice Guidance advises that amenity includes aural and visual amenity and states that factors relevant to amenity include the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest. Section 141 of the National Planning Practice Framework states that the quality and character of places can suffer when advertisements are poorly sited and designed.

8.9 With regards to general design considerations, Policy DP2 relates to general development principles and requires all new development within the National Park to uphold and promote the principles of sustainable development. It also requires development to enhance local character and distinctiveness including making sure development is appropriate and sympathetic in terms of scale, appearance, form, siting and layout and does not result in unacceptable impacts. Policy DP18 sets out the Authority’s key design principles and identifies the need to ensure development is appropriate in the context of its site and does not cause visual harm to the protected landscape of the National Park.

8.11 In terms of design, the notice boards would be a modest post mounted structure, measuring around 1.7 metres wide and two metres high, and would have a wooden name plate within the metal frame. Both notice boards would be installed completely within the existing hedge line alongside an area demarcated as no parking. There would be no changes to the existing walkway arrangements, and the surface treatment would remain tarmac and the kerb-lines are untouched.

8.12 The single-sided noticeboards would be an appropriate design within their intended location. The proposed materials would be appropriate, low maintenance and less likely to need replacing on a frequent basis. The notice boards would not include any plastic materials or any form of illumination.

8.13 The presence of the wooden header would soften the solid appearance of the metal signage. Given the location set amongst a variety of parking infrastructure, it would not materially add to the overall level of visual clutter which already exists. Overall, the noticeboards would comply with Policies DP2, SP17 and DP18 and would not detract from the area's amenity.

Heritage

8.14 With regards to the historic environment, as identified above, the site is located within the Brockenhurst Conservation Area - a designated heritage asset. There is a duty imposed by Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requiring decision makers to have special regard to the desirability of preserving or enhancing the character or appearance of a conservation area and this is reflected in Policy SP16 of the adopted Local Plan.

8.15 Non-designated heritage assets lie on the east and west side of the application site. The signage would be located in an existing car park and would be of an appropriate size and design. In this respect, it is concluded that the proposal would have a neutral impact. For the same reasons it is concluded that the proposal would preserve the character and appearance of the Conservation Area in accordance with Section 72 of the Planning (Listed Buildings and Conservation Areas Act 1990) and Policy SP16. The Authority's Building Design & Conservation team were consulted on the application and raised no objection.

Public Safety

8.16 With regards to highway safety considerations and Parish Council concerns, the speed of traffic passing along the High Street is naturally restricted due to traffic calming measures. The notice boards would be set back from the vehicle entry point and away from circulation space and parking bays within the car park. The notice boards would not interfere with or visually impede vehicle traffic movement or pedestrian walkways. The road accessing the entrance and exit to the car park is not an adopted highway and is maintained by NFDC. The car park is monitored by NFDC parking wardens ensuring the parking and traffic flows are appropriate and safe for pedestrians. Overall, the modest scale and absence of illumination would ensure that the notice boards would not distract motorists entering or manoeuvring within the car park.

8.17 Hampshire Highways have been consulted and note that the new signage would not result in physical changes to the highway network or significant impact on highway users. On this basis, they are satisfied that the proposal would not introduce any new highway safety concerns. They have also noted that, notwithstanding the above, any notice board installed within spaces primarily used by pedestrians should be located at the edge of the public realm to maintain inclusive access for all users (e.g. pedestrians, wheelchair users, those using mobility aids, or pushchairs). They also state that alternatively, a minimum unobstructed width of 2-metres should be maintained on either side of the notice board to ensure users can pass safely. The notice boards, being within the recessed no parking layby and set back from the main traffic access road by around 2m, would comply with this advisory.

8.18 Overall it is concluded that the proposal would not give rise to any significant harmful impacts in relation to public safety.

Conclusion

8.19 The proposed signage would replace existing signage and would be of an appropriate size and design and would accord with the relevant policies contained within the Development Plan along with the New Forest National Park Design Guide 2022. It would not result in any adverse impact on public amenity, highway safety and would be appropriate to its setting within the Brockenhurst Conservation Area.

9. RECOMMENDATION

Grant subject to conditions

Condition(s)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

   Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the local planning authority.
3. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.
4. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the local planning authority.
5. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.
6. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, and road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use if any highway, railway, waterway or aerodrome (civil or military).

7. Development shall only be carried out in accordance with Drawings DR1 (Location Plan), DR2 (Block Plan), 15023 (Notice board details). No alterations to the approved development shall be made unless otherwise agreed in writing by the New Forest National Park Authority.

   Reason: To ensure an acceptable appearance of the building in accordance with Policies SP16, SP17, DP18 and DP2 of the adopted New Forest National Park Local Plan 2016- 2036 (August 2019).