Case 3324783

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG

Cambridge City Council — appeal dismissed

Outcome
Dismissed
Decision date
11 January 2024
Authority
Cambridge City Council
Inspector
Barnes D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
JCDeaux UK Ltd
LPA reference
23/00564/FUL
ONS LPA code
E07000008
Jurisdiction
Transferred
Link status
Lead
Start date
13 October 2023

Summary AI

Appeals A and B, made by J C Decaux UK Limited, were dismissed due to unacceptable harm to the character and appearance of the streetscene and visual amenity, respectively. The proposed development would be a conspicuous addition to the already cluttered streetscene and fail to outweigh the harm identified.

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

PDF text

Page 1 · Chunk 0 Appeal Decisions

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — Appeal Decisions Site visit made on 19 December 2023 by D J Barnes MBA BSc(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 11th December 2024 Appeal A: Appeal Ref: APP/Q0505/W/23/3324783 Pavement Outside 24-25 Burleigh Street, Cambridge CB1 1DG • 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 Mr Thomas Johnson (J C Decaux UK Limited) against the decision of Cambridge City Council. • The application Ref 23/00564/FUL, dated 15 February 2023, was refused by notice 1 June 2023. • The development proposed is the installation of a modern, multifunctional hub unit featuring an integrated advertisement display and defibrillator. Appeal B: Appeal Ref: APP/Q0505/Z/23/3324784 Pavement Outside 24-25 Burleigh Street, Cambridge CB1 1DG • 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 Mr Thomas Johnson (J C Decaux UK Limited) against the decision of Cambridge City Council. • The application Ref 23/00565/ADV, dated 15 February 2023, was refused by notice dated 1 June 2023.

Page 1 · Chunk 1 Appeal Decisions

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — Appeal Decisions • The development proposed is the installation of 1 No. 86 inch LCD screen capable of showing illuminated static displays in sequence. Decision 1. Appeal A and Appeal B are dismissed. Procedural Matters 2. On 19 December 2023 an updated version of the National Planning Policy Framework (the Framework) was published but this does not materially alter the assessment of the appeal schemes, including the weight to be given to high quality communications. 3. The appeals relate to the same site and the same proposed development, namely a multifunctional communications hub which, amongst other things, would have an illuminated digital advertisement display. To avoid unnecessary repetition, the 2 appeals have been dealt with in a single Decision letter but the appeals themselves have been considered based upon their own merits. 4. The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (the Regulations) require that applications for the display of advertisements are considered in terms of amenity and public safety. Although the reasons for refusal for Appeal B refer to policies contained in the Cambridge https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decisions

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — Appeal Decisions Appeal Decisions APP/Q0505/W/23/3324783 and APP/Q0505/Z/23/3324784 Local Plan (LP) and the Grafton Area Masterplan Supplementary Planning Document (SPD) they are material considerations rather than being decisive in the determination of this appeal. 5. For clarity, the description for Appeal B has been adopted from the Council’s Decision Notice which specifically refers to the proposed advertisement. Main Issues 6. It is considered that the main issue for Appeal A is the effect of the proposed development on the character and appearance of the streetscene. For Appeal B, the main issue is the effect of the proposed advertisement on visual amenity. Reasons 7. The appeal site forms part of a busy pedestrianised thoroughfare which is located within a primarily commercial area. The street is fronted by buildings of varying designs with commercial uses at ground floor level which have various facia and projecting advertisements. Close to the site there is an external seating area associated with a café. Within the central part of the street there is a range of street furniture, including cycle parking stands, lamp- posts, trees, bins, freestanding advertisement and pavement seating in the form of benches.

Page 2 · Chunk 3 Appeal Decisions

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — Appeal Decisions Overall, the streetscene has a cluttered appearance which, as identified in the SPD, adversely affects the quality of the public realm 8. LP Policy 12 identifies the Fitzroy/Burleigh Street/Grafton Area of Major Change within which the appeal site is situated. LP Policy 12 refers to improvements being made to the public realm, including the removal of street furniture the intention of which is echoed in the SPD. LP Policy 65 specifically concerns all types of street furniture and refers to the cumulative impact of proposals being taken into account when assessing visual pollution. 9. Although sited in alignment with other street furniture, by reason of its siting, design and scale, the appeal scheme would appear a conspicuous addition to the already physically and visually cluttered streetscene with added visual prominence due to the proposed advertisement panel. This proposed advertisement would introduce a sizeable element of illumination that would be both visually prominent and incongruous within the streetscene, including within the context of other street furniture. 10.

Page 2 · Chunk 4 Appeal Decisions

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — Appeal Decisions The appeal scheme would provide a range of services, including WiFi, device charging, messaging facilities, free calls to landlines and charities, wayfinding and a defibrillator. It would be powered by renewable energy, would generate minimal waste and would include features to prevent crime and antisocial behaviour. The proposed development would provide a platform for other technologies such as environmental conditions, CCTV and key data, and could support businesses and the vitality of the area. However, even acknowledging the support in the Framework for high quality communications, the benefits of these services would be modest and they fail to outweigh the unacceptable harm which has been identified. 11. For the reasons given, it is concluded that for Appeal A the proposed development would cause unacceptable harm to the character and appearance of the streetscene and, as such, it would conflict with LP Policies 12 and 55. LP https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decisions

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — Appeal Decisions Appeal Decisions APP/Q0505/W/23/3324783 and APP/Q0505/Z/23/3324784 Policies 1, 55 and 56 are related to general development management considerations rather than specifically the location of the appeal site and the nature of the appeal scheme. For the same reasons, it is concluded that Appeal B would harm the visual amenity of the area. Accordingly, it is concluded that these appeals should be dismissed.

Page 3 · Chunk 6 D J Barnes

Pavement Outside 24-25 Burleigh Street, Cambridge, CB1 1DG — Cambridge City Council — D J Barnes 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
¶7-11

The appeal scheme would appear a conspicuous addition to the already physically and visually cluttered streetscene with added visual prominence due to the proposed advertisement panel.

Character and appearance
Against appellant
¶7-11

The proposed advertisement would introduce a sizeable element of illumination that would be both visually prominent and incongruous within the streetscene, including within the context of other street furniture.

Other
Against appellant
¶8-10

The proposed advertisement would harm the visual amenity of the area, particularly due to its size and illumination.

Policies relied on

Reference Weight
LP Policy 12
Determinative
LP Policy 55
Determinative
LP Policy 56
Substantial

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 11 January 2024 under the Open Government Licence.