ANPR, Planning permission.

[Capt Slog]

Hi Folks.

A quick question but, as well as possibly needing planning permission for their signage, do the PPCs need planning permission for their ANPR cameras? Apologies if this has been answered already but I can't find reference to the answer anywhere. Might not be looking in the right place. Thanks.

[ericsbrother]

generally no unless it is a conservation area. Cant use the cameras without the signage though can they?

[Capt Slog]

True but how many people check that they have had planning permission for the signs?

[ericsbrother]

I always recommend it for defeating then at POPLA when there isnt much else to go on. Some are getting wise to it and have it in the contracts with the landowner/store that they have to apply on their behalf. You would think that this would ring alarm bells with the business taking on the parking co's services as it is another thing they bear the responsibility for and get nothing in return. Beats me how anyone can think that employing a parking cowboy is ever a good idea.

[StormWarrior]

Local planning office can tell you all applications made for any plot of land.

[RT1970]

Out of interest, I followed this line of enquiry and received the following reply from East Riding of Yorkshire Council:

 

"A planning application was approved on xxxxx for the retention of a pole and 2 CCTV cameras. The documentation does show some signage and other signage on site would not likely require planning permission."

 

I could not see any information in the documents about applications for specific signs on poles, so it seems some councils are less strict with their requirements than others.

[StormWarrior]

Signage may not. However, they are advertisements, which DO require planning permission.

For further details

http://www.legislation.gov.uk/uksi/2007/783/schedule/3/made

[ericsbrother]

many parking cos claim their signs are informational in the same way that bus stops and fire exit signs are. No they arent, they are an advertisement offering you a unilateral contract and this is supported by case law dating back to Victorian times. It is just another example of these companies eating their cake and wanting it.

Read the thread about parking in Mansfield for a brilliant chapter and verse on PP for signage

[Polyplastic]

This is incorrect. The answer is generally yes

 

If the ANPR cameras are attached to a building then probably not. However, many PPCs stick their cameras near the entrance to the car park on poles and they need planning permission.

 

Advertisement Consent is required for the car park signage if it is over a certain size and visible from the highway or some other public place.

 

Always best to check with the planning authority

 

On this subject read my comments on the thread about ParkingEye Mansfield and Starbucks Uttoxeter

 

ParkingEye is generally required to have both advertisement consent for its signs and planning approval for its ANPR cameras but it simply doesn't bother to comply with the law in this regard. It is presently being chased by any number of planning authorities to legalise its operation

 

Polyplastic

[Polyplastic]

Typical letter sent to ParkingEye over its breaches of the advertisement regs and planning permission

 

Account Manager

Parking Eye Limited

PO Box 565

Chorley

PR6 6HT

 

 

 

Our Ref: /CMP/2014/00077 Your Ref:

Date: 11/11/2014

 

 

 

 

 

Dear Madam

 

Re: Cameras and Signage in the car park of The Range, Barrow in Furness

 

I wrote to you on 21st August 2014, regarding the unauthorised cameras and signage in the car park of The Range in Barrow in Furness. Planning permission is required to install CCTV cameras on a commercial building and advertising consent is required to display the various warning signs in the car park.

 

I understand that you advised Sally Jackson on 7th October 2014 that Barrow Borough Council should expect to receive a planning application for the above within 2 weeks. I note that to date, this application has not been received.

 

Sally has tried to contact you by telephone on 21st October, 23rd October, 30th October, 4th November and 11th November. Unfortunately you have not been available and she has left messages for you to telephone back.

 

Please can you arrange to submit a retrospective planning application for the cameras and signs within the next 7 days. Should an application not be received within this time frame, the Council will look to commence enforcement action under the Town and Country Planning Act 1990.

 

Please be aware that anyone who displays an advertisement or knowingly permits someone else to do so, without the consent required, is acting illegally. It is then immediately open to the planning authority to bring prosecution in the Magistrates’ Court for an offence under section 224 of the Town and County Planning Act 1990.

 

As you can appreciate this is a course of action that the Council do not wish to take, however the matter now rests with you.

 

 

 

Should you wish to discuss this matter further, please do not hesitate to contact Sally Jackson at the above office.

 

 

Yours faithfully,

 

 

 

 

Jason Hipkiss

Planning Manager

 

 

 

Also please note that if any planning authority were willing to just prosecute then, upon securing a conviction, the Council could apply to the Magistrates Court for a Confiscation Order to take from the convicted party all income derived through the crime. The Proceeds of Crime Act applies. Perhaps even all of their parking charge income for the time that the signs have unlawfully been in place. Chase up your planning authorities

 

 

Polyplastic