Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — Appeal Decisions Site visit made on 17 February 2025 by Nicola Davies BA DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 03 March 2025 Appeal A Ref: APP/L2250/W/24/3354765 Land outside Opp The Saga Building, Middelburg Square, Folkestone CT20 1AZ • 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 24/1279/FH. • The development proposed is the installation of 1 no. new communication Kiosk with integrated advertising display. Appeal B Ref: APP/L2250/H/24/3354766 Land outside Opp The Saga Building, Middelburg Square, Folkestone CT20 1AZ • 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.

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — Appeal Decisions • The application Ref is 24/1331/FH. • The advertisement proposed is the installation of 1 no. new communication Kiosk with integrated advertising display.

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. https://www.gov.uk/planning-inspectorate

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. https://www.gov.uk/planning-inspectorate Appeal Decisions APP/L2250/W/24/3354765 and APP/L2250/H/24/3354766 4. A revised version of the National Planning Policy Framework (the Framework) has been published since the applications were determined by the Council. I have had regard to the revised Framework in reaching my decision. 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.

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. 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. 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, and, Appeal B the amenity of the advertisement, that being visual amenity. Reasons 9. The site is located near to the flank wall of No.32 Bouverie Square and next to a vehicular highway. There is limited street furniture within the vicinity of the site, although there are lampposts and a coordinated line of bollards along the roadside kerb edge. There is other highway related directional signage, lamppost and a tree within a road island close by with lampposts and traffic signage within the vicinity of the bus station.

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. Nonetheless, the site is currently an area of open pavement that forms part of a wide pedestrian pavement at this location. 10. There are no advertisements in the area as it is not an active street frontage within the town. 11. The kiosk would be positioned at a right angle to the vehicular highway and would be sited close to the kerb. It would therefore 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 within the locality. Furthermore, there are no digital displays of the size proposed in the area. 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. https://www.gov.uk/planning-inspectorate 2

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. Appeal Decisions APP/L2250/W/24/3354765 and APP/L2250/H/24/3354766 Whilst described as a kiosk, the structure would appear more akin to an 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 located at a prominent location adjacent the vehicular highway and detract from the appearance of the street scene. The advertising panel with its illumination would add to its prominence and visual dominance within the street scene. It would not relate to any of the existing street furniture in the area, noting the area is generally free of street advertisements and furniture. Consequently, the visually dominant and intrusive nature of the structure would detract from the character and appearance of the street scene. This harm would be clearly visible in public views along Middelburg Square and Bouverie Road to both pedestrians and passing traffic. Whilst I accept the locality is somewhat of an ordinary urban setting defined by a nearby office building, bus station and main road, the proposal would not positively contribute to the local environment. 14.

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. 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 Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. 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 (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 Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. Given I have concluded that the proposals would harm the character, appearance and visual amenity of the area, the proposals conflict with these policies. I have had regard to the representations received in respect of both proposals both at the planning application and appeal stages. https://www.gov.uk/planning-inspectorate 3

Land outside Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. Given I have concluded that the proposals would harm the character, appearance and visual amenity of the area, the proposals conflict with these policies. I have had regard to the representations received in respect of both proposals both at the planning application and appeal stages. https://www.gov.uk/planning-inspectorate 3 Appeal Decisions APP/L2250/W/24/3354765 and APP/L2250/H/24/3354766 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 Opp The Saga Building, Middelburg Square , Folkestone, CT20 1AZ — Folkestone and Hythe District Council — Nicola Davies INSPECTOR https://www.gov.uk/planning-inspectorate 4