Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — 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: 04 March 2025 Appeal A Ref: APP/L2250/W/24/3354767 Land outside 36 Cheriton High Street, Cheriton, Folkestone CT19 4ET • 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 24/12/80/FH. • The development proposed is the installation of 1 no. new communication Kiosk with integrated advertising display. Appeal B Ref: APP/L2250/W/24/3354768 Land outside 36 Cheriton High Street, Cheriton, Folkestone CT19 4ET • 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 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — Appeal Decisions • The application Ref is 24/1332/FH. • The advertisement proposed is the installation of 1 no. new communication Kiosk with integrated advertising display.

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — 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 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — 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/24/3354767 and APP/L2250/W/24/3354768 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 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — 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 including cumulative impacts, and, Appeal B the amenity of the advertisement, that being visual amenity. Reasons 9. The site is located within the commercial area of Cheriton High Street where there are retail units at street level with some residential uses above. There is street furniture within the vicinity of the site. This includes a bus stop with incorporated advertisement signage, bins, post box, trees, lampposts, metal railings, traffic lights, together with other parking related signage.

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. There is other temporary street furniture, such as, bins, A-frame signage and café tables and chairs during the day. 10. Advertisements in the area relate to retail fascias and projecting signs above existing shopfronts with only a small number of these being illuminated. 11. The kiosk would be positioned at a right angle to the vehicular highway and would be sited close to the kerb of the wide pedestrian pavement. 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. Whilst the nearby bus stop hosts an advertisement and the kiosk would align along the pavement with some existing street furniture, there are no other kiosks 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 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. Appeal Decisions APP/L2250/W/24/3354767 and APP/L2250/W/24/3354768 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 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 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. 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 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. This harm would be clearly visible in public views along Cheriton High 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 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — 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. My attention has been drawn to what is described as a digital consent that was approved by the Council along Cheriton High Street in 2019. The Council indicate that this was for advertisement consent for a display board on a nearby bus stop. As noted above there is an existing bus stop with incorporated advertisement signage nearby. However, that bus stop structure was already in place and the Council advise that the advertisement installed replaced a previous advertisement board. However, I saw that that advertisement appeared as a secondary feature incorporated within the larger bus stop structure and, as such, differs in its nature to that of the kiosk proposal, which can and should be considered on its own merits. The bus stop advertisement offers little weight in favour of the proposal. 17.

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. 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). https://www.gov.uk/planning-inspectorate 3

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. 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). https://www.gov.uk/planning-inspectorate 3

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — appeal on its own merits this decision letter considers both appeals in one. Appeal Decisions APP/L2250/W/24/3354767 and APP/L2250/W/24/3354768 18. I have taken into account Policies HB1, RL5 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 RL5 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. 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. Conclusion 19. For the reasons set out above, I conclude that both Appeal A and Appeal B should be dismissed.

Land outside 36 Cheriton High St, Cheriton , Folkestone, CT19 4ET — Folkestone and Hythe District Council — Nicola Davies INSPECTOR https://www.gov.uk/planning-inspectorate 4