“Apart from listed buildings, local authorities do not have the legal power to create let alone enforce such policies but they constantly try to get them through on their local plans, “said David Catanach, BSGA Director.  “As a result we are forced to constantly monitor these plans on behalf of our members.”

Catanach is angered by the idea Rushmoor planners in Hampshire say that under their Design Principle DP6 that “shop fronts in conservation areas and on listed buildings should be painted in ‘muted’ colours, and that ‘vivid’ colours which are not in keeping with the character of the area will not be appropriate.”

Rushmoor hit back with a statement to SignLink over Catanach’s concerns. They said: “The suggestion in the press release by BSGA that ‘Rushmoor District (sic) Council’ is proposing to limit the colours that can be used for signs, or is intending to prosecute sign makers who transgress, is without foundation.”

Rushmoor Borough Council says they have recently carried out public consultation on a draft shop front design guide. They went on to say: “Through its planning and other policies, the council continues to enjoy an enviable reputation for promoting and supporting good and appropriate development which benefits the economic and visual wellbeing of the area.”

Catanach however believes the BSGA must maintain a vigil on councils who push their powers to the limits and beyond.

He says: “The BSGA is, in fact, fighting on two separate fronts—the first to try to ensure that local planners don’t get away with trying to adopt absurd policies, many of which would probably have no legal standing. The second is to get the Department for Communities and Local Government (DCLG) to decriminalise transgressions of advertising laws under the Town and Country Planning (Control of Advertisements) Regulations.

“The unbelievable situation is that the present law makes any violation, however minor, a criminal offence.  We want the law changed to make it impossible for sign-makers to get a criminal record before they have the opportunity to respond via an appeal to the Planning Inspectorate.

“We need to demonstrate to the government that the present law is disproportionate, anti-business and should be changed. It may sound far-fetched but there was a case recently where a boy had to remove a pirate flag from his garden playhouse, under the threat of legal action and a criminal record for him or his guardian, because the local planners considered the flag an illegal advertisement.

“It’s stupid, but it could happen to any of us. We need to make as strong a case as possible to the government for a change in the law and we need more examples of over-zealous planners trying to impose their will by threatening legal action. If anyone has stories—even anecdotal—we would be delighted to receive them to add to the evidence we are presenting to Government to demonstrate and support our case.”

Rushmoor Borough Council covers a large area of rural and urban Hampshire that includes the towns of Fleet, Farnborough and Aldershot. The council is currently controlled by the Conservatives and the area has a population of just under 100,000.

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