Case 3320296

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL

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
230238FUL
ONS LPA code
E09000009
Jurisdiction
Transferred
Link status
Lead
Start date
19 July 2023

Summary AI

The inspector dismissed both appeals due to the proposed development's harm to the character and appearance of the area and the adjacent heritage asset. The development would create visual clutter and diminish the setting of Ealing Town Hall.

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 OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — 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 opposite 14-16 Uxbridge Road London W5 2HL

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — Pavement opposite 14-16 Uxbridge Road London W5 2HL • 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 230238FUL 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 opposite 14-16 Uxbridge Road London W5 2HL

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — Pavement opposite 14-16 Uxbridge Road London W5 2HL • 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 230239ADV, 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 OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — 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 OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — requirements that I am required to undertake. https://www.gov.uk/planning-inspectorate Appeal Decisions APP/A5270/W/23/3320296 & APP/A5270/H/23/3320298 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 issue in Appeal A is the effect on the proposal on the character and appearance of area and the adjacent heritage asset. 7. The main issue in Appeal B is the effect of the proposal on visual amenity. Reasons (Appeals A and B) 8. The site is close to New Broadway Ealing Town Hall which is a Listed Building.

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

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — requirements that I am required to undertake. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA Act) requires decision makers, when considering whether to grant planning permission, to have special regard to the desirability of preserving the listed building or its setting or any feature of special architectural or historic interest which it possesses. 9. The new addition would be modern in style including a defibrillator and telephone on one side with illuminated display. On the other side would be an illuminated digital screen on which advertisements would be displayed. 10. The new hub would be located within a commercial section of Uxbridge Road adjacent Ealing Council Offices. Whilst there are centralised street trees, the proposed development would be located to the edge of the wide pavement next to the busy road, and in line with the nearby bus stop and streetlight columns. 11. The Council contend that the proposed location of the development would conflict with planning permission granted for short stay bike hangers. Limited details have been provided with regard to the approved development. 12.

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

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — requirements that I am required to undertake. The Transport for London: Streetscape Guidance 2022 advocates minimising cluttering footways with unnecessary furniture, and merging or combining street furniture components on a single post where practical to further reduce clutter. 13. Ealing Town Hall is a neo-Gothic building with a imposing façade facing New Broadway, its design and materials are a prominent addition to the streetscene. Whilst street trees screen to a degree the building, the relatively uninterrupted vista due to the limited street furniture in the immediate area adds to the setting of the building. 14. Due to its design, and permanently illuminated, LCD display screens, cumulatively the proposed development would have a conspicuous appearance which would be viewed in the context of the adjacent Listed Building diminishing the setting of Ealing Town Hall. https://www.gov.uk/planning-inspectorate 2

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

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — requirements that I am required to undertake. Appeal Decisions APP/A5270/W/23/3320296 & APP/A5270/H/23/3320298 15. For the reasons given, the proposed hub and advertisement would create visual clutter in the local street scene harming the adjacent heritage asset. 16. I conclude that the development would harm the character and appearance of the area and adjacent heritage asset. There is conflict Policies D3, D4, D8, and HC1 of the London Plan (2021), Policies 7.4, 7A, 7B and 7C of the Ealing Development Management DPD (2013), Ealing Town Centre Management Plan 2007 and Central Ealing Neighbourhood Plan 2017-2026 which amongst other things seek to ensure developments deliver good design which compliment an area, preserves the setting of Listed Buildings and do not introduce unnecessary street furniture. 17. There is conflict with the Framework which seeks to protect the quality and character of places from poorly sited and designed advertisements and seeks to ensure that the historic environment is protected. 18. The public benefits of the appeal scheme, which mainly relate to the provision of a defibrillator is insufficient to outweigh the harm that I have identified. 19.

Page 3 · Chunk 8 requirements that I am required to undertake.

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — London Borough of Ealing — requirements that I am required to undertake. The Council contend that the proposed development is contrary to Policy T4 of the London Plan, which relates to assessing and mitigating transport impact. The proposed development complies with Policy T4 as it does not negatively impact on the transport network. Conclusion 20. For the above reasons, both Appeal A and Appeal B are dismissed.

Page 3 · Chunk 9 C Pipe

PAVEMENT OUTSDIE London Borough Of Ealing, Perceval House 14-16 Uxbridge Road, LONDON, W5 2HL — 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

Heritage impact
Against appellant
¶8-11

The proposed development would be located near a Listed Building and would have a conspicuous appearance, harming the setting of Ealing Town Hall.

Living conditions
Against appellant
¶12-14

The proposed development would create visual clutter in the local street scene, harming the adjacent heritage asset.

Living conditions
Against appellant
¶15-17

The proposed development would harm the character and appearance of the area, and there is conflict with various policies that seek to protect the quality and character of places.

Living conditions
Against appellant
¶18-19

The public benefits of the appeal scheme, mainly relating to the provision of a defibrillator, are insufficient to outweigh the harm identified.

Policies relied on

Reference Weight
D3, D4, D8, HC1 of the London Plan (2021)
Determinative
Policies 7.4, 7A, 7B, 7C of the Ealing Development Management DPD (2013)
Determinative
Ealing Town Centre Management Plan 2007 and Central Ealing Neighbourhood Plan 2017-2026
Determinative
Framework (2023)
Determinative
Policy T4 of the London Plan
Limited

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.