Eastern highways verge of Primula Street, East Acton, London, W12 0RE
London Borough of Hammersmith and Fulham — appeal allowed
- Outcome
- Allowed
- Decision date
- 30 November 2021
- Authority
- London Borough of Hammersmith and Fulham
- Inspector
- Burnham T
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor retail and services
- Appellant
- _ Cornerstone Telecommunications Infrastructure Limited and Telefonica UK Limited
- Agent
- Waldon Telecom Ltd
- LPA reference
- 2020/03055/FUL
- ONS LPA code
- E09000013
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 23 September 2021
Summary AI
The appeal for a mobile phone base station was allowed, with planning permission granted for the replacement of an existing monopole with a new one, and the addition of equipment cabinets and a meter cabinet. The proposal was considered to comply with policies regarding good design, the protection of heritage assets, and telecommunications equipment that is compatible with the scale and character of existing development.
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Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision Site visit made on 8 November 2021 by T J Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 23rd November 2021 Appeal Ref: APP/H5390/W/21/3278907 Mobile phone base station of the corner of Primula Street/ Westway A40, Primula Street, East Acton, Greater London W12 0RE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Cornerstone Telecommunications Infrastructure Limited and Telefonica UK Limited against the decision of the Council of the London Borough of Hammersmith & Fulham. • The application Ref 2020/03055/FUL, dated 20 November 2020, was refused by notice dated 18 January 2021. • The development proposed is the replacement of 1No. existing 12.5m high street furniture design monopole with 1No. new 15m high street furniture design monopole with internally shrouded antennas. The addition of 2No. equipment cabinets and 1No. meter cabinet. Decision 1. The appeal is allowed. Planning permission is granted for the replacement of 1No. existing 12.5m high street furniture design monopole with 1No. new 15m high street furniture design monopole with internally shrouded antennas.
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision The addition of 2No. equipment cabinets and 1No. meter cabinet at Mobile phone base station of the corner of Primula Street/ Westway A40, Primula Street, East Acton, Greater London W12 0RE in accordance with the terms of the application Ref 2020/03055/FUL dated 20 November 2020 subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Maps, 200, 201, 300 & 301. 3) The telecommunications equipment hereby approved shall, when no longer required for electronic telecommunication purposes, be removed from the site and the hardstanding restored. Procedural Matters 2. The description of the proposal has been altered from the application form to the decision notice. That on the application form adequately describes the proposal. I have determined the appeal on this basis. 3. The London Plan (2021) was adopted after the Council had made the original decision. Both parties have had the opportunity to comment on its implications https://www.gov.uk/planning-inspectorate
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/21/3278907 for this proposal during the course of the appeal. It is important that I determine the appeal against up-to-date policy. Main Issue 4. The main issue is the effect of the appeal proposal on the character and appearance of the Old Oak and Wormholt Conservation Area (the Conservation Area). Reasons 5. The appeal site falls within the Westway Environs sub area of the Conservation Area. As indicated by the Conservation Area Character Profile1, the layout of the residential development and its materials are defining characteristics of this sub area. This is where the heritage significance of this part of the Conservation Area lies. 6. The appeal site is located closely adjacent and to the north of the busy A40, Westway. This road dominates the character of the immediate area and associated post mounted cameras, street lighting columns and other road signage are commonplace close to the appeal site. The site hosts an existing monopole with associated street cabinets. 7. Whilst the proposed monopole would be taller than that which it would replace and other street furniture, the increase in height proposed would not be excessive and it would not appear out of scale with the area. 8.
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision In acknowledging that it would be wider than the street lighting columns and traffic cameras, it would likely to be viewed by passers-by as just another piece of vertical street furniture, which is commonplace in the area. The additional cabinets would merely be viewed in the context of the existing cabinets and would not be so numerous as to comprise clutter that would have an adverse visual impact. The development would be viewed against modern housing and the modern St Katherines Church. 9. The proposal would not compromise the heritage significance of this part of the Conservation Area which sits with the layout of the residential development and its materials. For these reasons, the proposal would preserve the character and appearance of the Old Oak and Wormholt Conservation Area. 10. The scheme would therefore comply with Policies DC1, DC8 and DC10 of the Hammersmith and Fulham Local Plan (2018) which amongst other things seek good design, the protection of heritage assets and telecommunications equipment that is compatible with the scale and character of existing development.
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision I have not identified conflict with Policy HC1 of the London Plan (2021) which amongst other things requires development proposals to conserve the significance of heritage assets. Other Matters 11. The attractive grade II listed former Wormholt Library and Infant Centre is situated to the south of the appeal site. However, the setting of the building is largely dominated by the larger modern Ark Conway Primary Academy building and other vertical street furniture is prominent in views towards the building. The visual characteristics of the setting therefore make only a limited 1 Hammersmith and Fulham Old Oak & Wormholt Conservation Area Character Profile 5.65 https://www.gov.uk/planning-inspectorate 2
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision I have not identified conflict with Policy HC1 of the London Plan (2021) which amongst other things requires development proposals to conserve the significance of heritage assets. Other Matters 11. The attractive grade II listed former Wormholt Library and Infant Centre is situated to the south of the appeal site. However, the setting of the building is largely dominated by the larger modern Ark Conway Primary Academy building and other vertical street furniture is prominent in views towards the building. The visual characteristics of the setting therefore make only a limited 1 Hammersmith and Fulham Old Oak & Wormholt Conservation Area Character Profile 5.65 https://www.gov.uk/planning-inspectorate 2
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/21/3278907 contribution to the significance of the listed building. The proposal would therefore have a neutral impact on the significance of the heritage asset and would therefore preserve the setting of the listed building. 12. Concerns have been raised about potential effects on health. However, the appellant has provided a certificate to confirm that the proposal has been designed to comply with the guidelines published by the International Commission on Non-Ionizing Radiation Protection (ICNIRP). In these circumstances, the Framework advises that health safeguards are not something which a decision-maker should determine. No sufficiently authoritative evidence has been provided to indicate that the ICNIRP guidelines would not be complied with or that a departure from national policy would be justified. 13. The proposal would be unlikely to significantly adversely affect light and views, given its slender form. Concerns have been expressed regarding highway safety, although the Council has raised no concerns in this regard and I have no reason to disagree. There is no evidence to indicate that the proposal would adversely affect television reception. 14.
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision The issue of impact on property values has also been raised. However, it is a well-founded principle that the planning system does not exist to protect private interests such as value of land or property. Conditions 15. A set of suggested conditions should the appeal be allowed are included within the evidence. In addition to the standard three-year time limit for commencement, I have imposed a condition requiring the development to be carried out in accordance with the submitted plans in the interests of certainty. A condition that would require the removal of the equipment when no longer in use is necessary in the interests of the character and appearance of the area. 16. A condition relating to the colour finish of the equipment is not necessary as this has been specified on the application form with the dark green colour sitting comfortably with other columns in the area with a dark finish. No detailed justification has been provided as to the requirement for an anti- graffiti finish. Conclusion 17. I have identified no conflict with the development plan and there are no material considerations to indicate that the appeal should be determined otherwise than in accordance with it.
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — Appeal Decision I therefore conclude that the appeal should be allowed.
Eastern highways verge of Primula Street, East Acton, London, W12 0RE — London Borough of Hammersmith and Fulham — T J Burnham INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance For appellant ¶9
The proposed monopole would not be out of scale with the area and would be viewed as just another piece of vertical street furniture, which is commonplace in the area.
Heritage impact For appellant ¶9
The proposal would preserve the heritage significance of this part of the Conservation Area, which sits with the layout of the residential development and its materials.
Parking For appellant ¶12
The proposal would have a neutral impact on the significance of the listed building and would therefore preserve the setting of the listed building.
Living conditions For appellant ¶12
The ICNIRP guidelines would be complied with, and there is no evidence to indicate that the proposal would adversely affect light and views or television reception.
Flood risk For appellant ¶13
There is no evidence to indicate that the proposal would adversely affect television reception.
Highway safety For appellant ¶13
Concerns have been expressed regarding highway safety, but the Council has raised no concerns and the Inspector has no reason to disagree.
Policies relied on
| Reference | Weight |
|---|---|
| Policies DC1, DC8, and DC10 of the Hammersmith and Fulham Local Plan (2018) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 30 November 2021 under the Open Government Licence.