WARWICK ROAD, BASINGSTOKE, RG23 8DS

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision Site visit made on 25 October 2022 by O Marigold BSc DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 24 November 2022 Appeal Ref: APP/H1705/W/22/3295050 Warwick Road, West Ham, Winklebury, Basingstoke RG23 8DS • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 16, Class A of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by CK Hutchinson Networks (UK) Ltd against the decision of Basingstoke and Deane Borough Council. • The application Ref 21/02362/TENO, dated 11 July 2021, was refused by notice dated 5 October 2021. • The development proposed is proposed 15.0m Phase 8 Monopole C/W wrapround Cabinet at base and associated ancillary works. Decision 1. The appeal is dismissed. Procedural Matter 2.

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision The provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (the GPDO), under Article 3(1) and Schedule 2, Part 16, Class A, Paragraph A.3(4) require the Local Planning Authority to assess the proposal solely on the basis of its siting and appearance, taking into account any representations received. My determination of this appeal has been made on the same basis. 3. The principle of development is established by the GPDO and the provisions of Schedule 2, Part 16, Class A of the GPDO do not require regard to be given to the development plan. I have therefore only had regard to the policies of the development plan and the National Planning Policy Framework (the Framework) in so far as they are a material consideration relevant to matters of siting and appearance. Main Issues 4. The main issues are the effect of the siting and appearance of the proposal on the character and appearance of the area and, if any harm would occur, whether this is outweighed by the need for the installation to be sited as proposed taking into account any suitable alternatives. Reasons Character and Appearance 5.

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision The site consists of highway land adjacent to Warwick Road and to a car parking area. The land is undulating and contains trees, vegetation and a street https://www.gov.uk/planning-inspectorate

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision The site consists of highway land adjacent to Warwick Road and to a car parking area. The land is undulating and contains trees, vegetation and a street https://www.gov.uk/planning-inspectorate

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/22/3295050 sign. It is essentially green and open and is prominent from the road. There are other similar areas of open land throughout the estate which contribute to its character. Despite the densely developed nature of its surroundings, the areas of open space including the appeal site provide relief and give the area a pleasant and spacious character. 6. The proposal has been sited to limit views from sensitive receptors such as residential properties and to avoid infringement upon pedestrians within the area. Visually, I saw that there are a number of lampposts and other items of street furniture close to the appeal site, providing an extent of vertical emphasis, as do trees nearby. These would provide something of a backdrop to the proposal, particularly the cabinets. 7. However, although slim, the monopole would be much taller than many, if not all, of the nearby trees and structures. These would do little to screen the monopole and in this context the monopole would be a very tall structure. The somewhat bulbous equipment at the top of the monopole would further add to its visual impact.

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision As a result, the proposal would stand out in this exposed, open location, appearing dominant and incongruous in the street scene, particularly given the green, spacious character of the area. As such, the siting and appearance of the proposal would cause harm to the character and appearance of the area. 8. The appellant has suggested that the colour scheme of the proposal could be specified via details required by a planning condition. However, the GPDO does not provide any specific authority for imposing additional conditions beyond the deemed conditions found within Class A of Part 16. On this basis, it would not be reasonable to impose conditions relating to this matter and, in any case, I am not convinced that a change in colour would overcome the concerns I identify above. 9. I therefore find that the siting and appearance of the proposed installation would have an unacceptable and significantly harmful effect on the character and appearance of the area. Whilst not determinative, I have had regard to policy EM10 of the Basingstoke and Deane Local Plan (adopted May 2016).

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision To the extent that it is a relevant consideration within the terms of the GPDO, the proposal would conflict with the aim of the policy, amongst other things, that development positively contributes to the appearance of public spaces. Alternative Sites 10. Paragraph 117 of the Framework provides that, amongst other things, applications for electronic communications development (including applications for prior approval under the GPDO) should be supported by the necessary evidence to justify the proposal. For a new mast or base station, this should include evidence that the applicant has explored the possibility of erecting antennas on an existing building, mast or other structure. 11. I have no reason to doubt that the erection of a new ground-based mast is necessary. The appellant has followed the sequential approach, advocated by the Framework, in identifying site options. It is noted that, as with all 5G cells, the relevant cell search area is constrained, and that the designated search area is intended to cover a densely packed residential area. https://www.gov.uk/planning-inspectorate 2

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/22/3295050 12. Two sets of discounted options have been provided by the appellant in the Site- Specific Supplementary Information document (SSSI), and within the appellant’s Grounds of Appeal (GOA). The Council has questioned the justification for some of these sites. 13. These sites have been discounted because of the proximity of nearby properties or for other reasons. However, very limited information has been provided to demonstrate the justification for the discounting of these sites, or to show that these effects would be worse than at the appeal site. I also note that in some cases the reasons for discounting sites are inconsistent between the SSSI and GOA, which means that they are not wholly convincing. 14. On this basis, the evidence does not convincingly demonstrate that all the potentially available alternative options have been fully explored. Consequently, on the evidence before me, I find that it has not been proven that less harmful alternative sites are not available. Balance 15.

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — Appeal Decision Whilst reference has been made to various social and economic benefits, including in representations supporting the proposal, the prior approval considerations are limited only to matters of siting and appearance. Notwithstanding this, paragraph 114 of the Framework provides that, amongst other things, planning decisions should support the expansion of electronic communications networks, including next generation mobile technology (such as 5G). Considering this and the constrained nature of the cell search area, I do not doubt the need for a mast within the designated search area. 16. However, the proposal would cause significant harm to the character and appearance of the area, and it has not been proven that less harmful alternative sites are available. Accordingly, the harm is not outweighed by the need for the installation to be sited as proposed, taking into account my reasoning above with respect to the suggested alternatives. Conclusion 17. For the reasons given above, I conclude that the appeal should be dismissed.

WARWICK ROAD, BASINGSTOKE, RG23 8DS — Basingstoke and Deane Borough Council — O Marigold INSPECTOR https://www.gov.uk/planning-inspectorate 3