THE thorny question of what is art taxed planning councillors at Darlington this week.

The owner of Urban Chaos, a shop in Duke Street, argued that a spray-painted mural on the shop's frontage was skilful art.

Planning officer Adrian Miller told councillors it was not a question of whether it was art - it was an advertising application.

Proprietor Michelle Murphy's description split Wednesday's planning applications sub-committee. But in the final vote councillors refused permission by 4-3 and ordered the artwork, featuring the words "The Chaos", to be removed.

Miss Murphy immediately announced she would appeal.

In a letter to the committee, she said the artwork demanded a high level of skill. It was not rubbish.

The shop, which mainly sells snowboarding equipment and designer labels, brought business to the town as there was nothing similar in a 50-mile radius.

"I think that the suggestion that the mural is 'totally unacceptable' from the head of planning who came to view the mural, and the comment he made that 'it will never go through planning while I am on the council' needs further explanation," she wrote.

Coun Dorothy Long supported her. "I believe the oblique reference to the name is so oblique that it is seen as a design, not an advert."

It brightened up a commercial area which, in parts, was dull and drab, she added.

One letter and a petition of 343 names of support were submitted along with two letters of objection and an objection from Darlington Civic Trust which said it was a "disfigurement of the premises".

Coun John Williams supported the mural and did not think it should have been brought before the committee.

The mural should stay as it was a brilliant piece of art and showed young people the council was forward-looking.

"If we can't allow cultural diversity which includes something like this I think we are going badly wrong. The youth of the town are alienated as it is," he said.

However, Coun Charles Johnson feared it would set a precedent and Coun Sheila Brown was concerned it could distract drivers.

Coun Frank Robson, chairman, thought it was art but in the wrong place.

After the meeting, Miss Murphy said: "I feel I was pressured into making an application as they said they would bring the enforcement people in and fine us if we didn't. Now we have gone along with the rules, we feel they have tricked us."