Case 3320294

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD

London Borough of Ealing — appeal dismissed

Outcome
Dismissed
Decision date
17 January 2024
Authority
London Borough of Ealing
Inspector
Pipe C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Nathan Still, In Focus Public Networks Ltd
LPA reference
230240FUL
ONS LPA code
E09000009
Jurisdiction
Transferred
Link status
Lead
Start date
18 July 2023

Summary AI

Two planning appeals were dismissed due to harm to character and appearance of the area, and highway and public safety, despite public benefits.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by Mrs Chris Pipe BA(Hons), DipTP, MTP, MRTPI

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — by Mrs Chris Pipe BA(Hons), DipTP, MTP, MRTPI an Inspector appointed by the Secretary of State Decision date: 17 January 2024

Page 1 · Chunk 1 Pavement Outside 1 Culmington Parade, Uxbridge Road, London W13 9BD

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — Pavement Outside 1 Culmington Parade, Uxbridge Road, London W13 9BD • 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 JCDecaux UK Limited against the decision of the Council of the London Borough of Ealing. • The application Ref 230240FUL dated 19 January 2023, was refused by notice dated 15 March 2023. • The development proposed is installation of freestanding Communication Hub with integrated touch screen; and advertising LCD panel. • panel .

Page 1 · Chunk 2 Pavement Outside 1 Culmington Parade, Uxbridge Road, London W13 9BD

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — Pavement Outside 1 Culmington Parade, Uxbridge Road, London W13 9BD • 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 against JCDecaux UK Limited the Council of the London Borough of Ealing. • The application Ref 230241ADV, dated 19 January 2023, was refused by notice dated 15 March 2023. • The development proposed is installation of freestanding Communication Hub with integrated touch screen; and advertising LCD panel.

Page 1 · Chunk 3 requirements that I am required to undertake.

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — requirements that I am required to undertake. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 requirements that I am required to undertake.

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — requirements that I am required to undertake. https://www.gov.uk/planning-inspectorate Appeal Decisions APP/A5270/W/23/3320294 & APP/A5270/H/23/3320295 4. The Council changed the description of development from that stated on the application form in the interests of clarity. I consider that the description accurately describes the appeal scheme and accordingly I have adopted an amended description in the heading above. 5. Since the submission of the appeal the National Planning Policy Framework (2021) has been superseded by the National Planning Policy Framework (2023) (the Framework). However, in relation to this appeal the aims of both sets of policies are similar. No party would be prejudiced or caused any injustice by me proceeding with the appeal in light of this change in policy. Main Issue 6. The main issues in both appeals relate to (i) the effect on the proposal on the character and appearance of area; and (ii) highway and public safety. Reasons (Appeals A and B) Character and Appearance 7. The site is located close to the junction of Uxbridge Road and Culmington Road, the pavement is very wide at this location. The new addition would be modern in style including a defibrillator and telephone on one side with illuminated display.

Page 2 · Chunk 5 requirements that I am required to undertake.

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — requirements that I am required to undertake. On the other side would be an illuminated digital screen on which advertisements would be displayed. 8. The new hub would be located within a commercial section of Uxbridge Road. There are other forms of street furniture within the area, utility cabinets, a refuse bin, signage and streetlights close to the pavement edge adjacent Uxbridge Road. Telephone kiosks and cycle stands are centralised between street trees. 9. The proposed development would add to the physical clutter within this short stretch of pavement. Due to its design and location close to the busy junction, and permanently illuminated, LCD display screens, cumulatively this would have a conspicuous appearance. 10. The proposed hub and advertisement would create visual clutter in the local street scene which would harm the character and appearance of the area. 11. I conclude that the development would harm the character and appearance of the area.

Page 2 · Chunk 6 requirements that I am required to undertake.

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — requirements that I am required to undertake. There is conflict with Policies D3, D4 and D8 of the London Plan (2021), Policies 7.4, 7A, and 7B of the Ealing Development Management DPD (2013), and The Transport for London: Streetscape Guidance 2022 which amongst other things seek to ensure developments deliver good design and compliment an area, and do not introduce unnecessary street furniture. 12. There is conflict with the Framework which seeks to ensure good design and protect the quality and character of places from poorly sited and designed advertisements. Highway and Public Safety 13. The proposed development would draw the eye of drivers travelling in both directions on Uxbridge Road close to a busy junction. There are other forms of street furniture within the immediate area, however the larger elements i.e., telephone kiosks are located between centralised street trees. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 requirements that I am required to undertake.

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — requirements that I am required to undertake. Appeal Decisions APP/A5270/W/23/3320294 & APP/A5270/H/23/3320295 14. The proposed development would be likely to distract drivers which could impact on users of this junction. Due to the proposed location the communication hub would obstruct, to a degree, sight-lines of drivers approaching the junction from Culmington Road. Added to this, drivers may not be familiar with the road layout or the area. 15. I find that the proposed advert and communication hub in general would create a distraction to drivers, which would harm highway and public safety. The proposed development is contrary to Policy T4 of the London Plan, which seeks amongst other things to ensure that developments do not increase road danger. 16. There is also conflict with the Framework which seeks to ensure developments have an acceptable impact on highway safety and places are protected from poorly sited advertisements. Conclusion 17. The public benefits of the appeal scheme, which mainly relate to the provision of a defibrillator and use of renewable energy technology is insufficient to outweigh the harm that I have identified. 18. For the above reasons, both Appeal A and Appeal B are dismissed.

Page 3 · Chunk 8 C Pipe

Pavement o/s Laguna Tandoori Restaurant, 1-3 Culmington Parade, Uxbridge Road, LONDON, W13 9BD — London Borough of Ealing — C Pipe INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶10

The proposed hub and advertisement would create visual clutter in the local street scene, harming the character and appearance of the area.

Highway safety
Against appellant
¶15

The proposed advert and communication hub would create a distraction to drivers, harming highway and public safety.

Policies relied on

Reference Weight
D3, D4 and D8 of the London Plan (2021), Policies 7.4, 7A, and 7B of the Ealing Development Management DPD (2013), The T
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 17 January 2024 under the Open Government Licence.