Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU
London Borough of Brent — appeal allowed
- Outcome
- Allowed
- Decision date
- 20 June 2023
- Authority
- London Borough of Brent
- Inspector
- Thandi B
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- BT Telecommunications PLC
- LPA reference
- 22/0231
- ONS LPA code
- E09000005
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 4 April 2023
Summary AI
The Inspector allowed both Appeal A (planning permission) and Appeal B (advertisement consent) as the proposed development would not harm the character and appearance of the area, and would not unacceptably compromise pedestrian and highway movement or public safety.
PDF text
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions Site visit made on 30 May 2023 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 20 June 2023 Appeal A Ref: APP/T5150/W/22/3298221 Harrow Road next to public toilets and Neeld Parade, Wembley, London HA9 6QU • 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 Brent. • The application Ref 22/0231, dated 13 January 2022, was refused by notice dated 18 March 2022. • The development is described as installation of 1no. new BT Street Hub, incorporating 2no. digital 75" LCD advert screens, plus the removal of associated BT kiosk. Appeal B Ref: APP/T5150/H/22/3298222 Harrow Road next to public toilets and Neeld Parade, Wembley, London HA9 6QU • The appeal is made under Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) (the Regulations) against a refusal to grant express consent. • The appeal is made by BT Telecommunications Plc against the decision of London Borough of Brent.
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions • The application Ref 22/0232, dated 13 January 2022, was refused by notice dated 18 March 2022. • The advertisement proposed is installation of 1no. new BT Street Hub, incorporating 2no. digital 75" LCD advert screens. Decision 1. Appeal A is allowed and planning permission is granted for installation of 1no. new BT Street Hub, incorporating 2no. digital 75" LCD advert screens, plus the removal of associated BT kiosk at Harrow Road next to public toilets and Neeld Parade, Wembley, London HA9 6QU, in accordance with the terms of the application, Ref 22/0231, dated 13 January, subject to the conditions set out in the Schedule to this Decision. 2. Appeal B is allowed and express consent is granted for installation of 1no. new BT Street Hub, incorporating 2no. digital 75" LCD advert screens at Harrow Road next to public toilets and Neeld Parade, Wembley, London HA9 6QU, in accordance with the terms of the application, Ref 22/0232, dated 13 January. The consent is for five years from the date of this decision and is subject to the five standard conditions set out in the Regulations and the additional conditions set out in the Schedule to this Decision. https://www.gov.uk/planning-inspectorate
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions Appeal Decisions APP/T5150/H/22/3298222 Preliminary Matters 3. As set out above there are two appeals on this site. Appeal A relates to a refusal for planning permission and Appeal B relates to the Council’s refusal to grant advertisement consent. I have considered each proposal on its individual merits. However, to avoid duplication I have dealt with the two schemes together, except where otherwise indicated. 4. In respect of Appeal B the Regulations regarding advertisements states that control may only be exercised in the interests of amenity and public safety. I have had regard to the policies of the development plan and supplementary guidance only in so far as they are a material consideration relevant to matters before me. Main Issues 5. The main issues in respect of both appeals are: • The effect of the proposed development upon the character and appearance of the area; and • The effect of the proposal upon the pedestrian and highway environment. Reasons Character and appearance 6. The appeal site is an area of pavement forming part of Wembley town centre characterised by retail parades.
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions The pavement is wide in this location and the grass verge and position of the public toilets give the impression of a spacious environment. Street furniture along this section of the road is limited to bollards and streetlighting positioned towards the edge of the pavement. 7. The proposed street hub on account of its slender profile and subtle colour scheme would not appear unduly visually prominent in the context of its town centre location and would not unacceptably erode the sense of openness that exists. Furthermore, installations, such as the one proposed, are common features in urban environments and would be compatible with its surroundings. 8. Taking into consideration the presence of limited street furniture along this section of the road the introduction of the Street Hub, close to the pavement edge, would not lead to an overly visually or physically cluttered environment. 9. Advertisement displays by their very nature are meant to be noticeable and draw the eye. They are also a common feature in urban locations and, as proposed, on a busy commercial thoroughfare would not result in a prominent feature unduly affecting the appearance of the area.
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions Accordingly, the proposed advertisement display would not harm the amenity of the area. Despite the Council’s contention, there is nothing before me to indicate that the illumination levels proposed would be excessive. As such I give this element of the Council’s argument limited weight. 10. I conclude that the proposed development would accord with Policies DMP1 and BD1 of the Brent Local Plan (2022) (LP), Supplementary Planning Document 1 – Brent Design Guide and Supplementary Planning Guidance 8 – Advertisements (Other Than Shops) which, amongst other things, require https://www.gov.uk/planning-inspectorate 2
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions Accordingly, the proposed advertisement display would not harm the amenity of the area. Despite the Council’s contention, there is nothing before me to indicate that the illumination levels proposed would be excessive. As such I give this element of the Council’s argument limited weight. 10. I conclude that the proposed development would accord with Policies DMP1 and BD1 of the Brent Local Plan (2022) (LP), Supplementary Planning Document 1 – Brent Design Guide and Supplementary Planning Guidance 8 – Advertisements (Other Than Shops) which, amongst other things, require https://www.gov.uk/planning-inspectorate 2
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions Appeal Decisions APP/T5150/H/22/3298222 developments to be of high urban design quality and that the location, scale, detailing and design complements the locality. Pedestrian and highway environment 11. The Street Hub would be sited on the pavement set in from the edge of the pavement by 0.5m and maintaining a gap of just under 3m between it and the grass verge. 12. The Transport for London ‘Pedestrian Comfort Guidance for London’ Document recommends a minimum width of 3.3m for busy town centres. I acknowledge that the proposed Street Hub would reduce the width of the pavement creating a pinch point. However, this effect would be minimal on account of the slender depth of the structure. 13. Even on event days at Wembley Stadium, when footfall is likely to be greater, I am satisfied that sufficient free passage would remain around the Street Hub to allow pedestrians to pass by freely. 14. It is likely that a person or group using the Street Hub would be an intermittent occurrence and would not lead to a regular obstruction of the footway. Whilst it would be positioned 0.5m from the pavement edge users would be aware of their surroundings, including traffic along the road, and most likely would act accordingly.
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions There is no credible evidence, before me, that users of the Street Hub would be put in danger by passing traffic. 15. The Council contend that the Street Hub would prejudice a future cycle route from Wembley to Willesden. However, there is no substantive evidence before me to support this. Nor did I observe any activity on the ground, during the site visit, indicating its implementation. I therefore afford this limited weight in coming to my decision. 16. As such, the proposed development would not unacceptably compromise pedestrian and highway movement or public safety. It would accord with LP Policies DMP1 and BT1 which, amongst other things, seek to ensure that developments do not have an adverse impact on the movement network and prioritise active and sustainable travel. Conditions 17. In the interests of certainty, with regard to Appeal A, I have imposed the standard conditions relating to the commencement of the development and the approved plans. It is also necessary to impose a condition in relation to the external finish of the hub in order to ensure a satisfactory appearance.
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — Appeal Decisions Finally, in respect of Appeal A, a condition has been imposed for the removal of the existing phone box in order to improve the appearance of the area and reduce street clutter. 18. In respect of Appeal B, the five standard conditions as set out in the Regulations apply. In addition, and in the interests of public safety conditions have been imposed relating to the display and transition of images. These reflect the proposed list of conditions included within the appellant’s evidence. https://www.gov.uk/planning-inspectorate 3 Appeal Decisions APP/T5150/H/22/3298222
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — INSPECTOR https://www.gov.uk/planning-inspectorate 4
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decisions APP/T5150/H/22/3298222 Schedule of conditions Appeal A 1) The development hereby permitted shall begin not later than 3 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 Drawing Number 001 Rev A; Proposed Site Plan Drawing Number 002 Rev A and Existing and Proposed Plans Drawing Number 003 Rev A. 3) The external surfaces of the development shall be constructed using the materials, finishes, and colours as described in the BT Street Hubs Product Statement v1.0 February 2021 and as shown on the BT Street Hub Proposal Renders 2021. 4) Before the BT Street Hub hereby approved is brought into use, the existing phone box indicated for removal, shall be removed and the street surface made good to match the adjoining footway surface materials. Appeal B In addition to the standard conditions in the Regulations: 1) The advertisement display shall only display static images and shall not display any moving images, animation, flashing, scrolling or video images.
Pavement on Harrow Road next to public toilets & Neeld Parade, Wembley, London, HA9 6QU — London Borough of Brent — INSPECTOR 2) The minimum display time for any advertisement shall be 10 seconds and the change between advertisement images shall take place over a period no greater than one second with no sequencing, fading, swiping or merging of images. 3) The intensity of the illumination of the advertisement display hereby permitted by this consent shall be no greater than 600 cd/m2 between the hours of dusk (local sunset time) and dawn (local sunrise time). 4) No content on the advertisements shall resemble traffic signs, as defined in section 64 of the Road Traffic Regulation Act 1984. https://www.gov.uk/planning-inspectorate 5
Main issues and findings
Character and appearance Against appellant ¶9-10
The proposed development would not appear unduly visually prominent in the context of its town centre location and would be compatible with its surroundings.
Other Against appellant ¶11-16
The proposed development would not unacceptably compromise pedestrian and highway movement or public safety, and would accord with LP Policies DMP1 and BT1.
Policies relied on
| Reference | Weight |
|---|---|
| LP Policies DMP1 and BD1 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 5 pages, issued by the Planning Inspectorate on 20 June 2023 under the Open Government Licence.