Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — by Lynne Evans BA MA MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 12th September 2023

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Pavement o/s 205-207 East Lane, Wembley London HA0 3NG • 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 British Telecommunications Plc against the decision of the Council of the London Borough of Brent. • The application Ref: 22/2704 dated 21 July 2022, was refused by notice dated 23 September 2022. • The development proposed is the removal of 2 no. phone kiosks from the street scene in Brent and the installation of 1 no. BT Street Hub Units.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Pavement o/s 205-207 East Lane, Wembley London HA0 3NG • 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 British Telecommunications Plc against the decision of the Council of the London Borough of Brent. • The application Ref 22/2705, dated 21 July 2022, was refused by notice dated 23 September 2022. • The advertisement proposed is the display of two digital screens on either side of a BT street hub.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. https://www.gov.uk/planning-inspectorate

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. https://www.gov.uk/planning-inspectorate Appeal Decision APP/T5150/W/22/3310418 and APP/T5150/W/22/3310419 Preliminary Matters 3. Appeal A relates to the refusal of planning permission for the proposed hub. Appeal B is in respect of refusal of advertisement consent for the digital signage which would be an integral part of the proposed hub sought under Appeal A. I have considered both on their individual merits. However, to avoid repetition, I have dealt with the relevant issues concurrently. 4. In respect of Appeal B, Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (the Regulations) and the National Planning Policy Framework (the Framework) make it clear that advertisements are subject to control only in the interests of amenity and public safety. While not decisive, I have taken relevant policies into account as a material consideration. Main Issues 5. The main issues in both these appeals are: a) the effect of the proposal on the character, appearance and visual amenity of the locality. b) The effect of the proposal on public safety. Reasons Issue a) Visual Amenity 6.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. The appeal site is located on the south side of East Lane (A4088), on the pavement adjacent a parade of shops and commercial premises which extend eastwards to the junction of East Lane with Harrowdene Road and Peel Road. There are bus stops and shelters on both sides of the road in the vicinity of the shops and commercial premises. 7. The proposed hub would be sited towards the western end of the parade of shops, shortly before the service road access to the rear of the premises. It would be sited just over 1m from the kerb edge and approximately between two street trees which are more centrally planted in the pavement. 8. The pavement outside the parade of shops where the proposed hub would be sited, noticeably widens from east to west and at the western end to around 7m and also has less street furniture. Further to the east, where the pavement is narrower, there is a covered bus shelter as well as two phone boxes and some of the shops display goods on the pavement. 9. The buildings on either side of the road in the vicinity of the proposed hub are generally two storeys high with the taller church building further to the west on the junction of East Lane with Sudbury Avenue.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. There is a noticeable change in the spaciousness of the street scene moving west away from the junction of East Lane with Harrowdene Road and Peel Road. In that context and taking into account the wider pavement width, I consider that the proposed hub with its advertisement panels would be readily assimilated into the street scene. The width of the pavement where the hub is proposed to be sited would enable more space between it and the building edge. 10. The proposal includes for the removal of the existing phone box further to the east of the replacement hub. This would be important to be secured in terms of https://www.gov.uk/planning-inspectorate 2

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. There is a noticeable change in the spaciousness of the street scene moving west away from the junction of East Lane with Harrowdene Road and Peel Road. In that context and taking into account the wider pavement width, I consider that the proposed hub with its advertisement panels would be readily assimilated into the street scene. The width of the pavement where the hub is proposed to be sited would enable more space between it and the building edge. 10. The proposal includes for the removal of the existing phone box further to the east of the replacement hub. This would be important to be secured in terms of https://www.gov.uk/planning-inspectorate 2

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. Appeal Decision APP/T5150/W/22/3310418 and APP/T5150/W/22/3310419 removing unnecessary structures from the pavement, particularly in the narrower and more cluttered part of the pavement, before the new hub was brought into operation. Furthermore, the existing phone box is now in a poor state of repair and detracts from the street scene. A further phone box is also proposed to be removed; however, this phone box is further to the east along East Lane. Whilst the removal of any redundant structures from the street scene is to be welcomed, it is too far away and unrelated to the current proposal to be afforded any weight in my decision. 11. In respect of the levels of illumination which particularly relates to Appeal B, the proposal indicates that both screens would automatically dim at night to 600 cdm-2. The Council has contended that this is considered too high but without elaborating their concerns, particularly as the response from the Regeneration and Environmental Services Team indicated that it had no objection to the proposed lighting level. 12.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. The light level would fall within the recommendations set out under the Institute of Lighting Professionals - Professional Lighting Guide No.5 2015: The Brightness of Illuminated Advertisements. Furthermore, the illuminated adverts would be seen in the context of a street scene which is generally well lit, including from street lighting, commercial premises as well advertisements associated with existing bus shelters. I do not therefore share the Council’s concerns that the illumination levels, particularly at night time, would be too high. 13. With regard to Appeal A, I am therefore satisfied that the proposal would respect the character, appearance and visual amenity of the locality. It would accord with Policies DMP1 and BD1 of Brent’s Local Plan and Brent’s Supplementary Planning Document 1 and Supplementary Planning Guidance 8 for Advertisements, as well as the National Planning Policy Framework, and in particular Section 12, all of which amongst other matters seek high quality development to respect and respond positively to the local context. 14. With regard to Appeal B, for the reasons given, the advertisement would respect the visual amenity of the area.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. I have taken into account the policies of the development plan insofar as they are material, and the scheme would comply with those policies referred to above in this respect. Issue b) Public Safety 15. The Council’s reason for refusal on public safety grounds is specific in terms that the proposed hub would result in unnecessary street clutter which would restrict pedestrian movement in this part of East Lane. However, and as set out above, the pavement noticeably widens where the proposed hub would be sited, in comparison with the pavement further to the east. In addition, further to the east there is more street furniture, including a covered bus shelter and the usable pavement width is also reduced because of shops displaying goods on the street frontage. Given the more generous width of pavement where the proposed hub would be sited, and the general absence of other street furniture, I consider that pedestrian movement would not be materially hindered as a result of the proposed hub. 16. I have taken into account that there is no information on pedestrian flows submitted although the Council has not indicated a specific requirement for this.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. Furthermore, given the siting of the proposed hub, I am satisfied that https://www.gov.uk/planning-inspectorate 3

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. Furthermore, given the siting of the proposed hub, I am satisfied that https://www.gov.uk/planning-inspectorate 3

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. Appeal Decision APP/T5150/W/22/3310418 and APP/T5150/W/22/3310419 there would remain a generous width of unencumbered pavement which would not be affected by the siting of the proposed hub. 17. With regard to Appeal A, I am therefore satisfied that the proposal would not result in or exacerbate street clutter and that there would be no material harm to pedestrian movement; there would be no harm on public safety grounds. It would respect Policies DMP1 and BD1 of Brent’s Local Plan, both of which amongst other matters seek high quality development to respect and respond positively to the local context. The reason for refusal also refers to TFL’s Pedestrian Comfort Guidance, which is a guide for those involved in the planning of London’s streets but the absence of reference to this guidance in the Appellant’s submission is not in my view determinative in my decision. 18. With regard to Appeal B, for the reasons given, the advertisement would not result in harm to public safety. I have taken into account the policies of the development plan insofar as they are material, and the scheme would comply with those policies referred to above in this respect. Other Considerations 19.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. The Appellant has also raised concerns that the Council has not been prepared to enter pro-active discussions on this and other hub proposals within the Borough, but my decisions are based solely on the planning merits of the appeals before me. The concerns raised would need to be directed to the Council. Conditions 20. The Council has not proposed any conditions in respect of either appeal. The Appellant has indicated that matters pertaining to the advertisement appeal with regard to speed of change between adverts and illumination can be controlled through appropriate conditions and has itself promoted a number of conditions. 21. In respect of the proposed removal of the existing phone box in close proximity to the proposed hub and notwithstanding that it is referenced in the description of development, I consider that a condition should be imposed to ensure its removal before the proposed hub is brought into operation to avoid unnecessary street clutter.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. The Appellant has suggested removal within 3 months of the commencement of development, but I consider it would be more straightforward and less ambiguous to link it to the commencement of the operation of the new street hub and that this timing for the removal of the existing kiosk can be concurrent with the new hub coming into operation. In addition to the standard condition limiting the lifespan of the planning permission, I have imposed a condition specifying the relevant drawings as this provides certainty. 22. The advertisement consent would be subject to the 5 standard conditions, as set out in the Regulations. In addition, in the interests of visual amenity as well as public safety, restrictions as to the nature and brightness of displayed images, their duration and transition are necessary. 23. Although these conditions have not been seen by the Appellant I am satisfied that they broadly follow those proposed by the Appellant and that no party would be prejudiced by their imposition. https://www.gov.uk/planning-inspectorate 4

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — Schedule attached to this Decision. Appeal Decision APP/T5150/W/22/3310418 and APP/T5150/W/22/3310419 Conclusion 24. For the reasons given above and having regard to all other matters raised, I conclude that Appeals A and B should be allowed.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — L J Evans INSPECTOR Schedule of Conditions Conditions in relation to Appeal A: Ref: APP/T5150/W/22/3310418 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby permitted shall be carried out in accordance with the following approved plans and documents: BREN107 001 Rev A; BREN107 002 Rev A; BREN107 003 Rev A; BREN107 – Removal Kiosk Site Plan 3. Prior to the hub and integral advertisements first being operated, the existing BT Kiosk on the pavement outside East Lane (Kiosk Phone No 02089084250) shall have been removed and the pavement reinstated. Additional Conditions in relation to Advertisement Consent under Appeal B: Ref: APP/T5150/H/22/3310419 4. The intensity of the illuminance of the advertisement display shall be no greater than 600Cd/m2 between dusk and dawn. 5. The digital screen shall not display moving or apparently moving or audible images (including animation, flashing, scrolling three dimensional, intermittent or video elements); nor shall there be a period of blending between advertisements. 6. The minimum display time for each piece of content on the digital display screens shall be 10 seconds. 7.

Pavement o/s 205-207 East Lane, Wembley , London, HA0 3NG — London Borough of Brent — L J Evans No visual effects of any kind shall be permitted to accompany the transition between any two successive images. The replacement image must not incorporate any fading, swiping or other animated transitional method. 8. All illumination shall be non-intermittent unless otherwise agreed in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 5