Case 3270315

South Lambeth Road, Lambeth, London, SW8 1XP

London Borough of Lambeth — appeal dismissed

Outcome
Dismissed
Decision date
22 December 2021
Authority
London Borough of Lambeth
Inspector
Nilsson A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Hutchison 3G (UK) Limited
Agent
Dot Surveying Limited
LPA reference
20/02982/G24
ONS LPA code
E09000022
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 July 2021

Summary AI

The appeal for a 18-metre high telecommunications pole was dismissed due to its potential harm to the character and appearance of the area. The inspector considered the siting and appearance of the proposed development, taking into account representations from the local planning authority and the National Planning Policy Framework.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision Site visit made on 5 November 2021 by A M Nilsson BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 22/12/2021 Appeal Ref: APP/N5660/W/21/3270315 South Lambeth Road, Lambeth, London SW8 1XP • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 16, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Hutchison 3G (UK) Limited against the decision of London Borough of Lambeth. • The application Ref 20/02982/G24, dated 4 September 2020, was refused by notice dated 26 October 2020. • The development proposed is the erection of an 18-metre high Phase 8 telecommunications pole with built-in cabinet, 3no. separate cabinets and ancillary works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The provisions of the Order under Article 3(1) and Schedule 2, Part 16, Class A, Paragraph A.3(4) require the local planning authority to assess the proposed development solely on the basis of its siting and appearance, taking into account any representations received.

Page 1 · Chunk 1 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision My determination of this appeal has been made on the same basis. 3. Since the original decision the Council have adopted the Lambeth Local Plan 2020-2035 (2021). This replaces the Lambeth Local Plan (2015) such that the policies of that plan cited on the decision notice are no longer part of the development plan and have no weight. 4. During the assessment of the initial application, the appellant submitted amended plans that reduced the height of the monopole from 20m to 18m. Despite the receipt of the amended plans, the Council determined the application on the basis of the 20m high monopole as originally submitted. 5. As the amended plans equate to a reduction in the overall height, I do not consider that the interests of any party would be prejudiced if I determine the appeal on the basis of the reduced height. I have retained the original description of development save for altering the height of the proposed monopole. Planning Policy 6. The principle of development is established by the Order, and the provisions therein do not require regard be had to the development plan. I have had https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/21/3270315 regard to the policies of the development plan, any related guidance and the National Planning Policy Framework (the Framework) only in so far as they are a material consideration relevant to matters of siting and appearance. Main Issue 7. The main issue is the effect of the siting and appearance of the proposed development on the character and appearance of the area. Reasons 8. The appeal site is located on the west side of South Lambeth Road, close to the crossroad junction with Aldebert Terrace and Thorne Road. The pavement on which the appeal site is located is relatively wide and has a notable tree line set behind the railings that separate the footpath from Teversham Lane which in turn sits in front of a residential complex over three and four storeys. The opposite side of South Lambeth Road consists of grand three storey terrace properties with a public house, the Canton Arms, on the corner junction with Aldebert Terrace. The public house, along with no. 205 South Lambeth Road are locally listed buildings. 9.

Page 2 · Chunk 3 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision The properties opposite the appeal site are within the South Lambeth Road Conservation Area (SLRCA), the boundary of which effectively splits the east and west side of South Lambeth Road in the vicinity of the appeal site. 10. The proposed installation would broadly sit in the line of the existing trees, which it is identified are around 11m in height. It would, however, break from the line of the existing street-lighting columns which are identified as being 10m in height. 11. Although there would be some screening provided by the trees and buildings, overall, the installation would be significantly taller than these features. The width of the column is also considerably greater than any of the other street furniture in the area with the exposed antenna resulting in a disorderly and cluttered appearance that significantly adds to its prominence. It would therefore, as a result of its scale and width, be highly visible from long range views along this linear section of South Lambeth Road, including from within the SLRCA.

Page 2 · Chunk 4 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision Therefore, as a result of its scale and appearance, it would be highly visible within the street scene and would represent an incongruous and dominant addition adversely affecting the character and appearance of the area. 12. The appellant suggests that should it be deemed necessary, an alternative colour, other than the grey that is proposed, could be used. I do not find that the use of an alternative colour would overcome the harm I have identified. 13. For the reasons set out above, the mast would cause significant harm to the character and appearance of the area. The proposal would be contrary to Chapter 10 of the Framework, which requires, amongst other things that equipment on new sites to be sympathetically designed and camouflaged where appropriate. 14. It would also be contrary to Policies Q6, Q22, Q23 and T9 of the Lambeth Local Plan (2021). Collectively these policies require that development is of good design and that, for conservation areas and non-designated heritage assets, proposals should protect their setting, including views in and out of the area. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/21/3270315 For telecommunications development, it is required that the siting, height and design of the equipment will not cause harm to the character or appearance of the areas, including the significance and setting of historic assets, and will not be visually intrusive in the street scene or create unacceptable clutter. Other Matters 15. The Framework outlines the significance of high-quality telecommunications infrastructure including in relation to being essential for economic growth and social well-being. This is echoed in the joint correspondence from DCMS and MHCLG (27 August 2020), a copy of which has been submitted by the appellant. These factors weigh strongly in favour of the proposal. 16. The appellant has referred to a previous appeal decision1 in support of their appeal. I do not have full details of the proposal or its location and can therefore give it only limited weight. I have, in any event, determined the appeal on its own individual planning merits. Planning Balance and Conclusion 17.

Page 3 · Chunk 6 Appeal Decision

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — Appeal Decision I do not consider that the public benefits of the installation in terms of a continued and enhanced telecommunications network, its contribution to economic growth, or the operational and locational needs of the operator, outweighs the significant harm that I have identified would be caused to the character and appearance of the area. 18. For the reasons given above, and having had regard to all other matters raised, I therefore conclude that the appeal be dismissed.

Page 3 · Chunk 7 A M Nilsson

South Lambeth Road, Lambeth, London, SW8 1XP — London Borough of Lambeth — A M Nilsson INSPECTOR 1 APP/A5840/W/20/3254830 https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶11

The installation would be highly visible from long range views along South Lambeth Road, including from within the South Lambeth Road Conservation Area, and would represent an incongruous and dominant addition adversely affecting the character and appearance of the area.

Heritage impact
Against appellant
¶9

The proposed installation would be located in the line of the existing trees, but would break from the line of the existing street-lighting columns, resulting in a disorderly and cluttered appearance that significantly adds to its prominence.

Planning obligations
Against appellant
¶13

The proposal would be contrary to Chapter 10 of the National Planning Policy Framework, which requires equipment on new sites to be sympathetically designed and camouflaged where appropriate.

Policies relied on

Reference Weight
NPPF 208
Determinative
Policy Q6 of the Lambeth Local Plan (2021)
Moderate
Policy Q22 of the Lambeth Local Plan (2021)
Moderate
Policy Q23 of the Lambeth Local Plan (2021)
Moderate
Policy T9 of the Lambeth Local Plan (2021)
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 22 December 2021 under the Open Government Licence.