Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP
Herefordshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 16 May 2024
- Authority
- Herefordshire Council
- Inspector
- Butcher C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Change of use
- Appellant
- CK Hutchison Networks (UK) Ltd
- LPA reference
- 230697
- ONS LPA code
- E06000019
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 9 January 2024
Summary AI
The appeal for a 20m high phase 8 monopole and equipment cabinets at College Road, Holmer and Shelwick was dismissed due to harm to the character and appearance of the area. The inspector considered the siting and appearance of the proposed development, and while acknowledging the need for high quality communications, determined that the harm would not be outweighed by the support in the National Planning Policy Framework.
PDF text
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision Site visit made on 11 April 2024 by C Butcher BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 16 May 2024 Appeal Ref: APP/W1850/W/23/3325614 Grass Verge at College Road, Holmer and Shelwick HR1 1JP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under 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 appeal is made by CK Hutchison Networks (UK) Ltd against the decision of Herefordshire Council. • The application Ref is 230697. • The development proposed is the installation of 20m high phase 8 monopole, supporting 6 no. antennas, 2 no. equipment cabinets, 1 no. electric meter cabinet and ancillary development thereto. Decision 1. The appeal is dismissed. Preliminary Matters 2.
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision The provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (GPDO 2015), 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. 3. Submissions made under the aforementioned legislative provisions are not determined in accordance with the development plan albeit I have referred to the relevant policies insofar as they are material considerations pertaining to matters of siting and appearance. These policies relate to the Herefordshire Local Plan Core Strategy, October 2015 (LP). Main Issue 4. The main issue is whether the siting and appearance of the proposed development would be acceptable, with specific regard to the character and appearance of the area. Reasons 5. The appeal site is in a highly visible location at a junction of roads in an area that contains a mix of uses including residential dwellings and industrial units. All of the buildings in the immediate surroundings are of a fairly limited height. 6.
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision The proposed development would introduce a very tall mast and several cabinets to an area of grass verge. While 5G masts are tall structures by their https://www.gov.uk/planning-inspectorate
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision The proposed development would introduce a very tall mast and several cabinets to an area of grass verge. While 5G masts are tall structures by their https://www.gov.uk/planning-inspectorate
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/23/3325614 very nature, the proposed mast in this instance would be 20 metres in height and would therefore greatly exceed the height of any of the surrounding buildings or items of street furniture. Indeed, the mast would appear even taller than it otherwise might do due to the fact that the grass verge on which it would be located is raised slightly above road level. As a result of the prominence of the site, the proposed mast and cabinets would appear as a highly obvious, dominant and discordant feature within the street scene. 7. I acknowledge that such apparatus is common to urban areas, and that the effect of its modern and industrial appearance would be mitigated to some degree by the presence of industrial units nearby, including car show rooms. However, in my view, this mitigation is only partial and it is still the case that the proposal would significantly detract from the character and appearance of the area. Planning Balance Conclusion 8. The appellant’s statement provides a summary of alternative options which were discounted for various reasons.
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision However, it is not sufficiently clear what criteria were used to identify alternative sites within the search area, including whether there might be realistic options that are less visually prominent and therefore would have less of an impact on the character and appearance of the surrounding area than the appeal proposal before me. For this reason, I attach limited weight to these matters. 9. There is support in the National Planning Policy Framework (the Framework) for high quality communications, and that advanced, high quality, reliable communication infrastructure is essential for economic growth and social wellbeing. Decisions should also support the expansion of the communications network, specifically to support the roll out of 5G. Government Ministers have re-iterated this message. However, I must balance this against the requirement for equipment to be sympathetically designed and sited, as well as the overarching imperative in the Framework for development to achieve well- designed places for the long term. I attach significant weight to these matters. 10. The siting and appearance of the proposed development would be harmful to the character and appearance of the area.
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — Appeal Decision For the reasons I have set out, this harm would not be outweighed by the support in the Framework for high quality communications or the appellant’s consideration of alternatives. 11. Insofar as they are material to the main issues, the proposals would not be supported by LP Policies SS6, LD1 and SD1. Taken together, these policies seek to ensure that development is well designed and is not visually intrusive. 12. For the above reasons, the appeal is therefore dismissed.
Highways Land, Jct of College Road and Roman Road, Hereford, HR1 1JP — Herefordshire Council — C Butcher INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶6
The proposed mast and cabinets would appear as a highly obvious, dominant and discordant feature within the street scene, detracting from the character and appearance of the area.
Character and appearance Against appellant ¶10
The siting and appearance of the proposed development would be harmful to the character and appearance of the area, outweighing the support in the Framework for high quality communications.
Planning obligations Against appellant ¶11
The proposals would not be supported by LP Policies SS6, LD1 and SD1, which seek to ensure that development is well designed and is not visually intrusive.
Policies relied on
| Reference | Weight |
|---|---|
| LP Policies SS6, LD1 and SD1 |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 16 May 2024 under the Open Government Licence.