A KENDAL takeaway owner has been ordered to pay more than £600 in fines and costs after admitting breaching strict rules on the size and position of advertising boards.

Magistrates in Kendal heard that two large advertisement boards displayed on the front and side of the Santorino takeaway, which is within Kendal’s conservation area in Kirkland, caused ‘visual harm’ to residents and were in contravention of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and the Town and Country Planning Act 1990.

The regulations restrict the size of advertising boards displayed on business premises and also state that boards should only be displayed on a wall containing a shop window.

In the Santorino case the boards displayed exceeded the maximum size allowed and one was on the gable end of the premises in contravention of the regulations because of its position.

The prosecution was brought by South Lakeland District Council (SLDC), after receiving complaints from nearby residents about the size and visual impact of the boards.

Despite a number of requests that the boards should be amended to comply with the regulations the takeaway proprietor failed to take action and SLDC enforcement officers brought the prosecution.

Takeaway proprietor Sarkawt Kherzi, of Kirkland, Kendal, pleaded guilty to two offences of displaying advertisements at Santorino in breach of the regulations, when he appeared before magistrates yesterday.

The court was told the two advertisements have now been removed from the premises, and that Kherzi had had difficulty understanding the requirements of planning legislation and that he had pleaded guilty at the earliest opportunity.

He was fined £300, ordered to pay a victim surcharge of £20  and was ordered to pay SLDC’s costs in full of £350, making a total to pay of £670.

SLDC Planning Enforcement Officer, Mark Balderson, said: “The council received complaints from local residents about the visual harm being caused by the advertisements to the area and the premises, which stands on a prominent corner at the entrance to the Kendal Conservation Area.

“Prosecution is not the course of action the council wishes to take but when there is  visual harm and those responsible do not comply with the regulations when we have asked them to do so, we have no alternative.

“Consideration is given to all who live, work and visit the area to maintain an attractive town scape and the council  has a statutory duty to preserve and enhance the character and appearance of the Kendal Conservation Area.’’