Boris the fish lives to swim another day...

After being threatened with prosecution and fines that could have ruined him, fish fryer Mathew Tate has applied for retrospective planning permission to keep a specially commissioned piece of graffiti art.

Mathew, 36, who owns Bridge Fisheries in Slaithwaite, paid for the art after vandals twice spray-painted his shop with graffiti “tags.”

But officials with Kirklees Council said the art was classed as illegal advertising and that it must go. In response he set up a petition which has already been signed by more than 170 supporters.

He’s hoping that planners will now grant his request and allow Boris to stay put.

The wrangle has come at a cost. Mathew paid £400 on re-painting followed by £350 for artist Martin Hayhurst’s design. He forked a further £138 for the application and survey drawings. Total cost: £888.

The unsightly graffiti at The Bridge Fisheries
The unsightly graffiti at The Bridge Fisheries

“I had no idea that I needed planning permission for the art. Maybe the council should give out a planning pack to new business owners so that they can get it right from day one,” he said.

“I feel better now. I’m happy that I won’t be fined £250 a day for every day the art stays on the wall.”

A council spokesman said: “The council advised the business owner of national advertisement regulations and have requested positive steps in order to resolve the matter.

“These steps may include the submission of a retrospective application for advertisement consent. The council will consider any application upon its own merits once details are received.”

“The enforcement letter sent to the business regarding the unauthorised adverts follows our standard template for communication on this issue.