Planning dispute over Salt n Fire sign

EXCLUSIVE by EWAN LAMB

The Scottish Borders planning department has effectively lost control of its remit for the conservation area in the centre of Kelso, according to evidence supporting the retention of  "excessive and badly arranged" signage at the Salt n Fire catering outlet in the town's Horsemarket.

While conservation groups have condemned the illuminated sign erected by chef Anthony Khoury as being 'very urban in nature' his representative has warned the alternative is the likelihood of more empty commercial properties, where upkeep and neglect often end with unsightly buildings and streetscapes.

The case of the Salt n Fire signage has now been referred to the Scottish Government's planning appeals department after Scottish Borders Council planners rejected a retrospective application from Mr Khoury for permission. He has been served with an enforcement notice seeking the removal of the sign.

In his report on the application SBC assistant planning officer Euan Calvert wrote: "It is considered that the signage is over-scaled for this traditional building and uses non-traditional materials. The lettering is excessive and appears out of place for the historic character of the Conservation Area. 

"The overall design is considered to detract from the historic character of the conservation area. The extent of livery appears cluttered and unnecessary. The sign is not in accordance with the advice contained within the Council's Supplementary Planning Guidance on Shop Fronts and Signage. This is a sensitive location in the centre of the conservation area, where higher standards of design are a necessity." 

Mr Calvert pointed out that the sign was a returned alloy fascia panel with 3D lettering and measured seven meters in length by 0.8 meters in height. The signage appeared excessive and badly arranged. The three-metre illumination strip was not an appropriate approach to signage lighting in the conservation area and resulted in the sign being unduly prominent even into the evening. The overtly large sized fascia board and unduly large print had become an over-dominant and prominent appearance on Horsemarket. A traditional, simple fascia sign would be far more appropriate for the building and the conservation area.

Those views were backed by Kelso Community Council, and by two amenity bodies.

The community council stated: "The CC had a lengthy discussion regarding this retrospective planning permission and unanimously agreed that they strongly object to it. This is based on the following comments/observations - The sign is considerably larger than the three separate signs of Lemon & Thyme [previous occupants of the property]. The lighting is also set higher and comprises a single strip light - rather than separate lamps. The nature of the sign is very urban. It immediately sticks out as being different to the other signage in town and looks inappropriate in our townscape, especially in the conservation area."

And according to Kelso Heritage Society: "All of the committee members object to this sign, not just the illumination, on the grounds that it is large, garish and completely out of place within the conservation area of a rural town. If permission had been sought before it was installed, feedback could have been provided to allow adjustments. 

"We are therefore unanimously objecting to the sign and illumination. This highlights the fact we have been raising for some time that many new owners/tenants are ignoring the requirement to apply for planning permission when changing their premises."

There was a contribution too from the Architectural Heritage Society of Scotland. The society's written submission declared: "The new sign has significantly more impact than the previous signs, and does not enhance or preserve the character of the traditional building it is found on, or the wider conservation area. The new light is modern in appearance and similarly detracts from the traditional character of the building. More appropriate signage and lighting should be sought."

Grounds for appeal put forward by Stuart Patterson, agent for Mr Khoury included the following: "The applicant saw an opportunity to expand his own catering business, having successfully taken ownership of The Night Safe Bistro in Hawick before opening his first Salt n Fire takeaway, also in Hawick. The new shop was opened on 3rd February this year, and has had solid trading since its inception.

"While it is not an excuse that the owner was unaware of the planning requirements for this work, the new sign was erected in good faith, based on the overall size of the existing signage and those on surrounding properties in Kelso town centre. The enclosed photographs of other shop fronts, signage, fascia and lighting installations indicate a variety of designs and frontages throughout Kelso, and while not wanting to get any other business into trouble, some have obtained planning permission while others apparently have not."

Mr Patterson claimed this was just a small example why the applicant thought he was erecting something suitable, providing something that was already present along the streetscape. 

"Towards the end of the planning officers report, he states 'The overtly large sized fascia board and unduly large print have become an over-dominant and prominent appearance on Horsemarket', identifying that the planning department have effectively lost control of their remit for the conservation area. Under their own identification, the applicant has been unfairly singled out for assessment, although the other businesses appear to have had no repercussion for similar installations. 

"It is therefore unsurprising that business owners and even the specialist signage companies have no idea what needs permission and what does not. Education in this area needs to be significantly improved otherwise applications like this will become commonplace."

Mr Patterson added that the planning officer acknowledged the new installation had no impact on nearby neighbours, and appeared to be doing little harm other than upsetting some of the local community groups. 

"We would hope that the planning committee would be able to support this appeal, with the current financial climate fledgling businesses like this need all the help, assistance and advice they can get. The alternative is the likelihood of more empty commercial properties, where upkeep and neglect often end with unsightly buildings and streetscapes, which I am sure we all want to avoid. You do not need to look far around the Borders for examples of such issues."

Mr Khoury's appeal will now be considered by a Scottish Government planning reporter.