Land outside 31 Guildhall St , Folkestone, CT20 1DZ

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — Appeal Decisions Site visit made on 17 February 2024 by Nicola Davies BA DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 3 March 2025 Appeal A Ref: APP/L2250/W/24/3354756 Land outside 31 Guildhall Street, Folkestone CT20 1DZ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to 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 Mr Thomas Johnston of New World Payphones against the decision of Folkestone and Hythe District Council. • The application Ref is 24/1275/FH. • The development proposed is the installation of 1 no. new communication Kiosk with integrated advertising display. Appeal B Ref: APP/L2250/W/24/3354757 Land outside 31 Guildhall Street, Folkestone CT20 1DZ • The appeal is made under Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) against a refusal to grant express consent. • The appeal is made by Mr Thomas Johnston of New World Payphones against the decision of Folkestone and Hythe District Council. • The application Ref is 24/1333/FH.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — Appeal Decisions • The advertisement proposed is the installation of 1 no. new communication Kiosk with integrated advertising display.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. https://www.gov.uk/planning-inspectorate

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. https://www.gov.uk/planning-inspectorate

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. Appeal Decisions APP/L2250/W/24/3354756 and APP/L2250/W/24/3354757 Planning Policy: Appeal A 5. The provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended, 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. I have had regard to the policies of the development plan and the Framework only in so far as they are a material consideration relating to matters of siting and appearance. Planning Policy: Appeal B 6. The provisions under Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) require the local planning authority to assess the proposed development solely on the basis of amenity and public safety, taking into account the provisions of the development plan, so far as they are material, and any other relevant factors. Main Issues 7. In respect of both appeals the local planning authority has not raised concern with regard to public safety. 8.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. The main issues relating to Appeal A are the effect of the kiosk on siting and appearance, those being the character and appearance of the area including cumulative impacts, and, Appeal B the amenity of the advertisement, that being visual amenity. Reasons 9. The site is located within a designated secondary shopping area within the Local Plan. There are retail units at street level with residential uses above. The area hosts a commercial retail character with existing street furniture within the vicinity of the site. This street furniture includes benches, cycle racks, post box, trees, lampposts, bollards, bins and an existing kiosk hosting an ATM and telephone further along Guildhall Street. There is other temporary street furniture, such as, A- frame signage and cafe tables and chairs during the day. Nonetheless, the site is currently an area of open pavement that forms part of a wide pedestrian street within the town centre. 10. Advertisements in this shopping parade relate to retail fascias and projecting signs above existing shopfronts with only a small number of these being illuminated. The advertisement would be seen against the backdrop of this shopping area within the town centre. 11.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. The kiosk would be positioned in line with the existing street trees and other street furniture ensuring pedestrian movement lines would not be affected by the installation. Nonetheless, it would have a prominent siting within the streetscape. The kiosk would be of black painted steel and be open-fronted. The kiosk would be a large structure and appear more akin to an advertising panel rather than a traditional red telephone box. There are no other kiosks of a similar nature within the locality. Furthermore, there are no digital displays of the size proposed in the area. https://www.gov.uk/planning-inspectorate 2

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. The kiosk would be positioned in line with the existing street trees and other street furniture ensuring pedestrian movement lines would not be affected by the installation. Nonetheless, it would have a prominent siting within the streetscape. The kiosk would be of black painted steel and be open-fronted. The kiosk would be a large structure and appear more akin to an advertising panel rather than a traditional red telephone box. There are no other kiosks of a similar nature within the locality. Furthermore, there are no digital displays of the size proposed in the area. https://www.gov.uk/planning-inspectorate 2

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. Appeal Decisions APP/L2250/W/24/3354756 and APP/L2250/W/24/3354757 12. The kiosk to some extent would replicate a telephone box in that it would host a public telephone. Nonetheless, the size of the kiosk structure appears to be led by the LED screen, which is a large and visually dominant feature of the structure. Whilst described as a kiosk, the structure would appear more akin to advertisement panel with the telephone and other services appearing as secondary features upon the proposed structure. 13. The kiosk would be a large, visually dominant and intrusive structure that would detract from the appearance of the wider street scene. It would create additional visual clutter within the street scene. The advertising panel with its illumination would add to its prominence and visual dominance within the street scene. The kiosk with advertisement would not relate to other street furniture or advertisements in the area that pertain to shop frontages. Consequently, the visually dominant and intrusive nature of the structure would detract from the character and appearance of the street scene and the visual amenity of the area and would harmfully add further visual clutter of street furniture within this locality.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. This harm would be clearly visible in public views along Guildhall Street and Shellons Street. 14. The public telephones hosted by the kiosks provide a lifeline within our communities and are more accessible to those with mobility impairments than traditional telephone boxes. The kiosks would also provide other facilities, such as, mapping information and a defibrillator. Furthermore, the advertisement panel could be used to display public health messages, alerts or be utilised by local businesses for advertisement purposes. Working alongside Trees for Cities the operators intend to plant a tree on an urban street for every phone kiosk installed. In addition, the kiosk would not fall within a conservation area or within the vicinity of a listed building. Whilst there are clear public benefits of the proposal, as well as environmental and economic benefits, these do not set aside those considerations pertaining to the proposals as set out under the main issues section above. 15. Conditions have been put forward that could control the timing and images displayed and/or the level of illumination. The advertisement proposal would also be subject to the five standard conditions set out in the Regulations.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. However, given my above findings I do not consider such conditions would ameliorate my concerns sufficiently to allow planning permission or advertisement consent to be forthcoming. 16. For these reasons, I conclude that the proposed telephone kiosk and advertisement would have a harmful effect on siting and appearance, those being the character and appearance of the area including cumulative impacts (Appeal A) and the amenity of the advertisement, that being visual amenity (Appeal B). 17. I have taken into account Policies HB1, RL2 and RL9 of the Folkestone and Hythe District Council Places and Policies Local Plan 2020 and the provisions of the Framework which seek to protect character, appearance and amenity and so are material in these cases. In respect of Appeals A and B Policies HB1 and RL2 require development to make a positive contribution to its location and surroundings. In relation to Appeal B Policy RL9 requires advertisements to be sensitively designed and located having regard to the character and general characteristics of the locality and their cumulative impact and visual prominence within the street scene.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. Given I have concluded that the proposals would harm the character, appearance and visual amenity of the area, the proposals conflict with https://www.gov.uk/planning-inspectorate 3

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — regard to the revised Framework in reaching my decision. Given I have concluded that the proposals would harm the character, appearance and visual amenity of the area, the proposals conflict with https://www.gov.uk/planning-inspectorate 3 Appeal Decisions APP/L2250/W/24/3354756 and APP/L2250/W/24/3354757 these policies. I have had regard to the representations received in respect of both proposals both at the planning application and appeal stages. 18. The Council also contends that the proposals would compromise the missions of the Folkestone Place Plan as they would not meet the aspirations of the Place Plan. That Plan, although endorsed by the Council, has not yet been adopted and does not form part of the current development plan. Conclusion 19. For the reasons set out above, I conclude that both Appeal A and Appeal B should be dismissed.

Land outside 31 Guildhall St , Folkestone, CT20 1DZ — Folkestone and Hythe District Council — Nicola Davies INSPECTOR https://www.gov.uk/planning-inspectorate 4