Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions Site visit made on 1 February 2023 by Mr M Brooker DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 9 May 2023 Appeal A Ref: APP/A5840/W/22/3292389 Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL 531686, 179579 • 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 BT Telecommunications Plc against the decision of London Borough of Southwark. • The application Ref 21/AP/4331, dated 2 December 2021, was refused by notice dated 31 January 2022. • The development proposed is Proposed Installation of 1no. new BT Street Hub, incorporating digital 75" LCD advert screens, and associated BT Phone Kiosk removal. Appeal B Ref: APP/A5840/H/22/3292390 Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL 531686, 179579 • The appeal is made under Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 against a refusal to grant express consent. • The appeal is made by BT Telecommunications Plc against the decision of London Borough of Southwark.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions • The application Ref 21/AP/4332, dated 19 November 2021, was refused by notice dated 31 January 2022. • The advertisement proposed is 1no. new BT Street Hub, incorporating digital 75" LCD advert screens, and associated BT Phone Kiosk removal Decisions 1. Appeal A is allowed and planning permission is granted for Installation of 1no. new BT Street Hub, incorporating digital 75" LCD advert screens, and associated BT Phone Kiosk removal at Pavement o/s Marks & Spencer, 311 Walworth Road, London SE17 2TG in accordance with the terms of the application, Ref 21/AP/4333, dated 2 December 2021, subject to the conditions set out in the attached Schedule of Conditions. 2. Appeal B is dismissed. Preliminary Matters 3. There are two appeals relating to the same site. Appeal A is against the refusal of planning permission and Appeal B is against the refusal of advertisement consent. As they are by the same appellant, are intrinsically linked and raise similar issues, to avoid repetition I have dealt with both in a single decision letter. I have nevertheless considered each on their own merits. 4. The Regulations regarding advertisements stipulate that control may only be exercised in the interests of ‘amenity’ and ‘public safety’.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions With respect to https://www.gov.uk/planning-inspectorate

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions With respect to https://www.gov.uk/planning-inspectorate Appeal Decisions APP/A5840/H/22/3292390, APP/A5840/H/22/3292389 appeal B, the development plan policies referred to by the Council are not determinative, but I have taken these into account as a material consideration. 5. Where relevant, possible effects on designated heritage assets have been considered. Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of conservation areas. In advertisement appeals this is only in so far as it relates to amenity. Reference is made in the Decision Notice to the Walworth Road Conservation Area, the appeal site is not located within this Conservation Area. The Council has also provided details of the St George’s Circus Conservation Area. However, the site is also outside of the boundaries of this Conservation Area. 6. Since the determination of the applications by the Council the ‘Southwark Plan 2019-2036’ was adopted in February 2022. Reference is made to this plan by both parties and I have had regard to it and the relevant polices in reaching my decision. Main Issues 7.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions The main issues with respect to appeal A are the effect on the character and appearance of the area, including the Grade II listed buildings of the Peabody Estate, and highway safety and, with respect to Appeal B the effect of the proposed advertisements on visual amenity and public safety. Reasons Visual amenity/character and appearance 8. The appeal site is located on the opposite side of the road from part of the Grade II listed Peabody Estate, the Designated Heritage Asset (DHA). The four storey blocks of yellow and white brick under a shallow pitched, slated roofs appear largely unaltered and set the pallet of materials, if not the height, for the surrounding later developments. 9. The area appears to consist of a mixture of residential, offices and some retail activities. Advertisements and signage appear notably muted or otherwise notable in their absence in the immediate setting of the appeal site. Street furniture in the immediate locality of the appeal site consists of trees, streetlights and cycle parking loops giving the area an uncluttered appearance. 10. The proposed street hub unit would replace the existing apparatus.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions It would be of a marginally slimmer design and slightly smaller footprint in comparison to the existing apparatus and would be viewed in association with the other street furniture in the locality. While the appeal scheme would not result in a reduction of street furniture in the immediate location, it would also not result in any increase. 11. The advertisements proposed to each side of the street hub unit would be of a digital format. They would therefore be clearer, more prominent and have the ability to change often, compared to the poster advertisement on the existing apparatus. I saw at the site visit that advertisements are, as detailed previously, notably muted or otherwise absent such that the illuminated advertising would appear at odds the existing streetscene and thus appear as https://www.gov.uk/planning-inspectorate 2

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions Appeal Decisions APP/A5840/H/22/3292390, APP/A5840/H/22/3292389 an incongruous feature harming the character and appearance of the area and visual amenity. 12. The appellant has stated that the telephone kiosk located at Pavement o/s Sessions House, Newington Causeway, London SE1 6AZ (E532151, N179479) as detailed in the Statement of Case would also be removed as part of the appeal scheme. While somewhat removed from the appeal scheme, the removal of unnecessary street furniture is beneficial. As such I afford it some weight and I am satisfied that a suitably worded condition could be imposed to ensure the removal of the telephone kiosk. 13. For the reasons detailed above I find that the replacement of the existing apparatus by the marginally slimmer appeal scheme and the removal of the kiosk at Sessions House would not harm the character and appearance of the area, including the setting of the DHA. 14.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions Thus, in respect of appeal A only and subject to appropriate conditions requiring the removal of the existing apparatus at the appeal site and at Sessions House, I conclude that the appeal scheme is not contrary to policies P13, P14, P43 and P56 of the Southwark Plan 2022 that, amongst other matters, seek good design quality and to protect the environment, including the historic environment. 15. However, I respect of appeal B, I have found that the proposed advertisements would appear incongruous and thus harm the visual amenity and character and appearance of the area. Thus, while not determinative, would be contrary to policies P13, P14, P43 and P56 of the Southwark Plan 2022. Public/Highway safety 16. The Decision Notice refers to the integral LCD advert screens as being “unsuitably located in the area with conflicting road uses of pedestrian, cyclists and vehicles.” 17. Government advice1 acknowledges that all advertisements are intended to attract attention and that advertisements in locations such as “at junctions, roundabouts, pedestrian crossing, on the approach to a low bridge or level crossing or other places where local conditions present traffic hazards” are more likely to affect public safety. 18.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions I saw at the site visit that the appeal site is located on a comparatively clear and straight stretch of road with a segregated cycle lane and wide pedestrian pavements. I note the presence of loading bays in proximity to the appeal site. At the time of the site visit, in the afternoon of a typical weekday, traffic speeds were low and not unusually busy for central London. As such I am satisfied that in the proximity of the appeal site local conditions do not present a traffic hazard. 19. While the LED advert screens would allow the changing of displayed images, I am satisfied that the transition of the images and the restriction of moving images can be controlled by suitably worded conditions to ensure there would be no distraction to highway users. 1 Guidance Advertisements – published March 2014 https://www.gov.uk/planning-inspectorate 3

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions Appeal Decisions APP/A5840/H/22/3292390, APP/A5840/H/22/3292389 20. Reference is made to the proposed development and advertisement being contrary to the risk-based approach outlined in Vision Zero’s approach to road danger and TfL’s Streetscape Guidance. Although they are material considerations, these documents do not, however, have the same weight as the development plan policies which the proposed development complies with and are therefore of limited weight in the appeal. 21. I therefore conclude that the proposed development and advertisement would not have an unacceptable impact on highway or public safety. The development would therefore comply with Policies T2, T5 and D8 of the London Plan (2021) and Policies P51 and P53 of the Southwark Plan (2022). Collectively, these policies seek to ensure the safety of pedestrians, cyclists and all highway users. Conditions 22. The Council has provided a list of conditions to be imposed in the event that the appeals were allowed. I consider that conditions relating to the time limit and plans list. Altering these for each appeal accordingly, I consider that these conditions are necessary in the interest of certainty. 23.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Appeal Decisions In respect of Appeal A, I have also added a condition requiring the removal of the existing BT phone box and that at 92 Brandon Street before the installation of the proposed street hub, as this reflects the proposal and ensures there would be no excess clutter in the interests of clarity and certainty. Conclusion 24. In respect of appeal A the proposals accord with the development plan taken as a whole and there are no other material considerations to suggest that the decisions should be made other than in accordance with the development plan. Therefore, for the reasons given above, and having had regard to all other matters raised, the appeal is allowed. 25. In respect of appeal B, the appeal is dismissed.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Mr M Brooker INSPECTOR https://www.gov.uk/planning-inspectorate 4

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Mr M Brooker INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decisions APP/A5840/H/22/3292390, APP/A5840/H/22/3292389 Appeal A Schedule of 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’ dwg no. 001 dated 15.11.2021 and ‘proposed site plan’ dwg no. 002 dated 15.11.2021 and ‘existing and proposed elevations’ dwg no. 003 dated 15.11.2021 3. Within 4 weeks of the installation of the proposed BT street hub, the existing BT phone box, as referenced as ‘EXISTING 1No. ST6 BT PHONE BOOTH TO BE REMOVED’ on the approved plan ‘proposed site plan’ dwg no. 002 dated 15.11.2021 shall be removed and the land restored to a condition which matches the footway immediately surrounding it. 4. Within 4 weeks of the installation of the proposed BT street hub, the existing BT phone box, at Pavement opposite Sessions House, Newington Causeway, SE1 6NX referenced as ‘Tel No: 02074072674 / Address: Pavement opposite Sessions House, Newington Causeway, SE1 6NX on dwg. No.

Pavement outside 143 Blackfriars Road, Southwark, London, SE1 8EL — London Borough of Southwark — Mr M Brooker Removal Kiosk Site Plans – SOU001 shall be removed and the land restored to a condition which matches the footway immediately surrounding it. https://www.gov.uk/planning-inspectorate 5