| Topic: | Re:Re:Re:Blood on their hands | Forum Home |
| Posted by: | Adam Beamish | |
| Date/Time: | 26/06/12 13:36:00 |
| From personal/professional experience, the highway safety argument isn't that strong, and I've been part of Teams acting on behalf of clients who have, including recently, secured advert consents on appeal for large structures and associated adverts close to the M4, having successfully demonstrated that such adverts do not results in conditions prejudicial to highway safety. Whilst I'm not a traffic or visual distraction expert, common sense tells me any suggestion that an advert comprising a company name on the top of a 25 odd storey block isn't going to distract a driver on a road 20 odd storeys below. Thus to me the key issues here are far more visual amenity related. As I said earlier, I don't particular have a strong view either way, and I do wonder if it wasn't for the Council's own ownership of the blocks whether there would be such an uproar. I would however agree that the implications of this decision are considerable for Officers, as other future applicants will use it as a justification to support other proposals, although were I an Officer I would simply stick to my guns and if the application ended up at appeal at least Officers could show they have been consistent. Just to go back also, there is no third party right of appeal to anyone, be they individuals, residents associations etc, the only recourse is an application to judicially review the decision on the grounds that the decision making process was not properly followed (i.e. a judicial review cannot relate to the planning merits, but only the procedure). |