Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision Site visit made on 5 October 2023 by A Hickey MA MRTPI an Inspector appointed by the Secretary of State Decision date: 12 October 2023 Appeal Ref: APP/A0665/W/23/3319546 Lydyett Lane Street Works, Lydyett Lane, Northwich, CW8 4JR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 16, Class A of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO). • The appeal is made by CK Hutchison Networks (UK) Ltd against the decision of Cheshire West and Chester Council. • The application Ref 23/00036/TEL, dated 6 January 2023, was refused by notice dated 7 March 2023. • The development proposed is described as proposed 5G telecoms installation: H3G 15m street pole and additional equipment cabinets. Decision 1.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision The appeal is allowed, and approval is granted under the provisions of Article 3(1) and Schedule 2, Part 16, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO) for a proposed telecommunications installation: proposed 5G telecoms installation: H3G 15m street pole and additional equipment cabinets at Lydyett Lane Street Works, Lydyett Lane, Northwich, CW8 4JR in accordance with the terms of the application, Ref 23/00036/TEL, dated 6 January 2023, and the plans submitted with it. Preliminary Matters 2. I have taken the site address in the banner heading above from the application form. Whilst different to the decision notice and appeal form, it still accurately reflects the location of the appeal site. 3. The Council’s issued Decision Notice did not contain a reason for refusal. Both the Council and the appellant have had the opportunity to comment and agree that the reasoning given within the officer report would have been reflected on the decision notice. I have proceeded on this basis and find that no parties would be prejudiced if I take the conclusions of the officer’s report into account in my decision. 4.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision The provisions of 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 proposed development 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. 5. 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 consideration of the development plan. I have had regard to the policies of the development plan, https://www.gov.uk/planning-inspectorate

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision The provisions of 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 proposed development 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. 5. 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 consideration of the development plan. I have had regard to the policies of the development plan, https://www.gov.uk/planning-inspectorate

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/23/3319546 related guidance and the National Planning Policy Framework (the Framework) only in so far as they are factors relevant to matters of siting and appearance. Main Issue 6. Based on the above, the main issue is the effect of the siting and appearance of the proposed development on the character and appearance of the area. Reasons 7. The appeal site comprises part of a wide area of pavement set close to but back from the junction of Lydyett Lane and Broadway. The buildings surrounding the site include a single-storey retail shop, a larger scale medical centre and pharmacy, other retail premises and take-away buildings. There are also a large number of residential properties found on Lydyett Lane and Broadway. The surrounding street scene also includes, bollards, boundary fencing/railings, traffic signs, planters, lamp posts, a flagpole, mature trees and a large circular metal flue on the flank elevation of a take-away building. 8. The proposed monopole and equipment cabinets are required to improve digital wireless coverage within the area and to facilitate new 5G coverage to increase mobile connectivity.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision The appellant has indicated that the sequential approach has been followed in order to identify the site and that a monopole of the height proposed is necessary so that it can operate effectively. 9. The proposal would be located between the junction and car park entrance for the shop and medical centre, adjacent to the railings. It would also be near the tall mature tree on the opposite side of the entrance that is set within the grounds of the medical centre. 10. The proposed monopole would reflect the vertical emphasis of existing street furniture in the vicinity, including telegraph poles, lamp posts and traffic signs, albeit greater in height. Due to its height and siting, the proposed monopole would be perceptible in views along Lydyett Lane and Broadway, including above the nearby single-story shop, medical centre, surrounding highway and from some nearby residential properties. 11. However, in longer distance views, it would be largely hidden from view by the surrounding street layout and curvature of the road.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision In medium as well as in closer range views, the structure would be viewed, from many angles against the backdrop of, and reasonably well screened, by both the nearby medical centre building and surrounding trees, the latter, particularly during the summer months. Nonetheless, even in winter, the branches of the trees would offer some screening along both Lydyett Lane and Broadway. Additionally, the monopole would be seen within the context of the similarly large metallic flue. 12. Given its relatively simple linear and compact design, the proposed monopole whilst significantly taller than the nearby shop, would not appear as an alien or unexpected feature in the street scene or dominate views from the surrounding area or residential properties. Additionally, the equipment cabinets as proposed would be sited close together in a line and would be of modest size and extent. As such, they would not result in an undue proliferation of street furniture or a visually cluttered street scene. Consequently, the proposal, even when viewed with the associated cabinets and infrastructure would not be a visually anomalous feature in the street scene and would integrate with the existing character of the area.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision https://www.gov.uk/planning-inspectorate 2

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/A0665/W/23/3319546 13. Considering the above, I find that the siting and appearance of the proposed monopole would not harm the character and appearance of the area. Therefore, as far as they are material to this matter, the proposal would accord with Policy DM 18 of the Cheshire West and Chester Local Plan Part Two. This seeks to support the provision, expansion and enhancement of electronic communications networks, including telecommunications provided, amongst other things, the proposal is sympathetically designed and does not have an unacceptable adverse impact on the character or appearance of the area or the appearance of any building. It would also accord with the provisions of the Framework in so far as it seeks to support high quality and reliable communications infrastructure and ensure development is sympathetic to local character. Conditions 14. There is no authority in this type of case to apply any conditions beyond those as set out in the relevant part of the GPDO.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — Appeal Decision These specify that the development must be carried out in accordance with the details submitted with the application, begin within 5 years of the date of the approval and be removed as soon as reasonably practicable after it is no longer required for electronic communications purposes and the land restored to its condition before the development took place. Conclusion 15. For the reasons given above, the appeal is allowed, and prior approval granted.

Lydett Lane Street Works, Lydett Lane, Northwich, CW8 4JR — Cheshire West and Chester — A Hickey INSPECTOR https://www.gov.uk/planning-inspectorate 3