tazzle
Well-Known Member
Re: Courtesy flags can get you into serious trouble
Uhm actually you can fly any national flag without planning consent (other things being equal). National flag means flag of a state recognised by the UK. This is why the problem arose with the EU flag under UK planning law; the EU isn't a state. For amusement (and boredom) I quote below a planning matter considered by the good Burghers of Worthing Council in January 2005:
THE SITE AND THE BREACH OF PLANNING CONTROL
The site comprises a two storey detached public house known as the Rose & Crown located on the southern side of Montague Street on the junction with West Street. The property is a local interest building and is within the designated Montague Street Conservation Area.
A complaint was recently received in relation to the flying of a E.U. flag which is one of four flags which hang from flag staffs that are angled at some 45 degrees from the main front elevation of the building. The other three flag staffs have flags of various national countries. The landlord of the public house was invited to submit an application for advertisement consent to regularise the matter. At the time of writing this report, no such application had been submitted. Given the amount of recent publicity in relation to this matter, it was felt expedient to report this matter to the Committee to decide if this matter warrants taking any further action.
COMMENTS OF THE BUSINESS OWNER
The landlord of the Public House has stated:-
“I consider it an appropriate flag to fly as a welcome to the thousands of Europeans that visit Worthing each year as do many other hotels and other agencies throughout Sussex and the country as a whole. It is flown as a decorative welcoming sign and not to make a political statement or to take sides in any debate. I shall take advice from sources more enlightened on this subject than myself and react accordingly, if it turns out your interpretation is correct I shall remove the flag and replace it with an appropriate National flag (yet to be decided).”
PLANNING ASSESSMENT
As a complaint was received about the flying of a European flag outside of the Rose & Crown public house the Council has a duty to investigate to determine whether or not there has been a breach of planning control. In this particular case the issue surrounds whether the flag is exempt from the Town and Country Planning (Control of Advertisement Regulations) 1992 (as amended). These are Regulations which are applied nationally, however, if a breach of planning control is identified the Local Planning Authority can use its discretion as to whether any enforcement or prosecution action is taken. The main issues therefore are to consider whether or not the European flag constitutes a breach of advertisement control and if it is, whether or not it is expedient to take prosecution action with regard to the unauthorised advertisement.
The Regulations identify various adverts which are excluded from control and this includes the flying of a National flag of any country, provided that it is displayed on a single vertical flag staff. As the complaint relates to a flag which is not a National flag and the flag staff extends out at a 45 degree angle from the front elevation of the public house your Officers’ understanding of the law is that it requires advertisement consent. In this case it could also be argued that the other National flags require consent because they are flying from flags extending at an angle from the building. However, there is no clear caselaw indicating how vertical a flag staff has to be to be exempt from the advertisement regulations. As National flags are generally seen as falling outside planning control and the complaint relates solely to the European flag, your Officers have concentrated on the acceptability of this particular flag. In this respect it is understood that the flags have been on the premises for between 2-4 years and no other complaints have been received. As with all adverts, the only issues that can be taken into account are the effect upon visual amenity and where applicable, public safety.
COMMENTS OF THE ASSISTANT DIRECTOR (LEGAL SERVICES &
MONITORING OFFICER)
Agrees that a breach of the advertisement regulations has occurred
OTHER IMPLICATIONS
There are no significant direct race relations, equal opportunity, environmental or community safety implications arising from this report.
RECOMMENDATION
NO FURTHER ACTION.
Uhm actually you can fly any national flag without planning consent (other things being equal). National flag means flag of a state recognised by the UK. This is why the problem arose with the EU flag under UK planning law; the EU isn't a state. For amusement (and boredom) I quote below a planning matter considered by the good Burghers of Worthing Council in January 2005:
THE SITE AND THE BREACH OF PLANNING CONTROL
The site comprises a two storey detached public house known as the Rose & Crown located on the southern side of Montague Street on the junction with West Street. The property is a local interest building and is within the designated Montague Street Conservation Area.
A complaint was recently received in relation to the flying of a E.U. flag which is one of four flags which hang from flag staffs that are angled at some 45 degrees from the main front elevation of the building. The other three flag staffs have flags of various national countries. The landlord of the public house was invited to submit an application for advertisement consent to regularise the matter. At the time of writing this report, no such application had been submitted. Given the amount of recent publicity in relation to this matter, it was felt expedient to report this matter to the Committee to decide if this matter warrants taking any further action.
COMMENTS OF THE BUSINESS OWNER
The landlord of the Public House has stated:-
“I consider it an appropriate flag to fly as a welcome to the thousands of Europeans that visit Worthing each year as do many other hotels and other agencies throughout Sussex and the country as a whole. It is flown as a decorative welcoming sign and not to make a political statement or to take sides in any debate. I shall take advice from sources more enlightened on this subject than myself and react accordingly, if it turns out your interpretation is correct I shall remove the flag and replace it with an appropriate National flag (yet to be decided).”
PLANNING ASSESSMENT
As a complaint was received about the flying of a European flag outside of the Rose & Crown public house the Council has a duty to investigate to determine whether or not there has been a breach of planning control. In this particular case the issue surrounds whether the flag is exempt from the Town and Country Planning (Control of Advertisement Regulations) 1992 (as amended). These are Regulations which are applied nationally, however, if a breach of planning control is identified the Local Planning Authority can use its discretion as to whether any enforcement or prosecution action is taken. The main issues therefore are to consider whether or not the European flag constitutes a breach of advertisement control and if it is, whether or not it is expedient to take prosecution action with regard to the unauthorised advertisement.
The Regulations identify various adverts which are excluded from control and this includes the flying of a National flag of any country, provided that it is displayed on a single vertical flag staff. As the complaint relates to a flag which is not a National flag and the flag staff extends out at a 45 degree angle from the front elevation of the public house your Officers’ understanding of the law is that it requires advertisement consent. In this case it could also be argued that the other National flags require consent because they are flying from flags extending at an angle from the building. However, there is no clear caselaw indicating how vertical a flag staff has to be to be exempt from the advertisement regulations. As National flags are generally seen as falling outside planning control and the complaint relates solely to the European flag, your Officers have concentrated on the acceptability of this particular flag. In this respect it is understood that the flags have been on the premises for between 2-4 years and no other complaints have been received. As with all adverts, the only issues that can be taken into account are the effect upon visual amenity and where applicable, public safety.
COMMENTS OF THE ASSISTANT DIRECTOR (LEGAL SERVICES &
MONITORING OFFICER)
Agrees that a breach of the advertisement regulations has occurred
OTHER IMPLICATIONS
There are no significant direct race relations, equal opportunity, environmental or community safety implications arising from this report.
RECOMMENDATION
NO FURTHER ACTION.
