Erection of statues outside listed restaurant in conservation area - Public forum - Planning Advisory Service (PAS)

Madeleine. Whether or not "development" has taken place is a matter of 'fact and degree' and will largely depend on the permanence of the physical alterations that have taken place in relation to the land in question. Issues such as size and degree of physical attachment will be relevent. I think I would probably concur with your colleagues that the "operations" that have taken place, such that they are, would be de minimis. Conservation area consent would not be relevent because that is only required for the demolition of certain non-listed buildings within conservation areas. What you might want to consider, however, is whether the two 'lion dog' statues are advertisements that may be covered by the provisions of the 2007 Advertisement Regulations! The definition of an advertisement includes any model, device or representation used for the purpose of advertisement, announcement or direction. I would think that you might be able to argue that they are representations of the nature of the restaurant used specifically to attract customers. Just a thought. I run training workshops for planners/enforcement officers on the advertisement regulations. If you could possibly send me a photo of the lions I could include it in my next one at the beginning of December. It might stimulate a good debate! My e-mail address is mikehyde@mhplanning.co.uk

Thanks Mike- when I posted the original message, I really wasn't thinking straight when I mentioned the possible need for CAC!!!! This case is a difficult one- and we are being pressurised by local residents to sort it out!!! They are very unhappy by the statues as they feel they are inappropriate in this location. They have other issues with the restaurant as well......such as an unauthorised extract duct, but that is a different story....

Madeleine. No problem. Am even more intrigued now. If you could send me a picture that would be fantastc! Mike