Case 3356934

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN

Newcastle Upon Tyne City Council — appeal allowed

Outcome
Allowed
Decision date
7 March 2025
Authority
Newcastle Upon Tyne City Council
Inspector
Jordan A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Urban Innovation Company (UIC) Ltd
LPA reference
2024/1138/01/DET
ONS LPA code
E08000021
Jurisdiction
Transferred
Link status
Child
Start date
16 December 2024

Summary AI

The appeals were allowed subject to conditions, including the installation of the 'Pulse Smart Hub' with a black finish and restrictions on the animation and brightness of the advertisements.

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

PDF text

Page 1 · Chunk 0 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions Site visit made on 19 February 2025 by Anne Jordan BA (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 7 March 2025 Appeal A Ref: APP/M4510/H/24/3356935 Pavement Outside the Head of Steam, (Westgate Road side), Newcastle Upon Tyne, NE1 5EN • 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 Urban Innovation Company (UIC) Ltd against the decision of Newcastle Upon Tyne City Council. • The application Ref is 2024/1137/01/ADV. • The advertisement proposed is 2x (back-to-back) digital LED displays. Appeal B Ref: APP/M4510/W/24/3356934 Pavement Outside the Head of Steam, (Westgate Road side), Newcastle Upon Tyne, NE1 5EN • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant [outline] planning permission. • The appeal is made by Urban Innovation Company (UIC) Ltd against the decision of Newcastle Upon Tyne City Council. • The application Ref is 2024/1138/01/DET. • The development proposed is Installation of "Pulse Smart Hub" with integrated digital screens. Decision 1.

Page 1 · Chunk 1 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions Appeal A is allowed and express consent is granted for the display of 2x (back-to- back) digital LED displays as applied for. The consent is for five years from the date of this decision and is subject to the five standard conditions set out in the Regulations and the following additional conditions: 1. The digital screen shall not display any moving, or apparently moving, images (including animation, flashing, scrolling three dimensional, intermittent or video elements). The minimum display time for each advertisement shall be 10 seconds. The interval between advertisements shall take place over a period no greater than one second; the complete screen shall change with no visual effects (including fading, swiping or other animated transition methods) between displays and the display will include a mechanism to freeze the image in the event of a malfunction. No advertisement displayed shall resemble traffic signs, as defined in section 64 of the Road Traffic Regulation Act 1984. 2.

Page 1 · Chunk 2 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions The intensity of the illumination of the advertisement(s) to which this consent relates shall be no greater than the levels recommended by the Institute of Lighting Professionals (for an advertisement within Zone E4) in https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions The intensity of the illumination of the advertisement(s) to which this consent relates shall be no greater than the levels recommended by the Institute of Lighting Professionals (for an advertisement within Zone E4) in https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions Appeal Decisions APP/M4510/H/24/3356935, APP/M4510/W/24/3356934 their Professional Lighting Guide 05/23 The Brightness of Illuminated Advertisements including Digital Displays. 2. Appeal B is allowed and planning permission is granted for installation of "Pulse Smart Hub" with integrated digital screens in accordance with the plans submitted and subject to the following conditions: 1. The development to which this permission relates shall begin not later than the expiration of three years beginning with the date of this decision. 2. The development to which this permission relates shall be carried out in accordance with the approved plans ref: • Site Location Plan NUT-WGR/2024/01 Rev. A, • Existing Site Plan NUT-WGR/2024/02 Rev. A, • Proposed Site Plan NUT-WGR/2024/03 Rev. A, • Technical Specifications Elevations NUT-WGR/2024/04 Rev. A, • Photograph of Existing NUT-WGR/2024/05 Rev. A, • Proposed Illustration NUT-WGR/2024/06 Rev. A 3. Notwithstanding the details on the approved plans, the external casing on the Pulse Smart Hub shall be coloured black. Preliminary Matters 3. There are two appeals on the site.

Page 2 · Chunk 5 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions The first relates to the display of advertisements and the second relates to the installation of the apparatus on which the advertisements are to be displayed. To avoid duplication, I have dealt with the two appeals together having regard to the independent requirements of both the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO) and the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (the Regulations). 4. In relation to Appeal A, Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (the Regulations) and the National Planning Policy Framework (the Framework) both make clear that advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts. Although regard does not need to be had to the development plan I have nonetheless taken these policies into account as a material consideration. 5. The Council have not raised any concerns in relation to highway safety and having regard to the position of the appeal site and the nature of the proposal I see no reason to dispute this view. 6.

Page 2 · Chunk 6 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions The site is located on the pavement adjacent to the public house known as “The Head of Steam” within the Central Conservation Area. A number of other heritage assets lie within a short distance of the site which are set out below. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions The site is located on the pavement adjacent to the public house known as “The Head of Steam” within the Central Conservation Area. A number of other heritage assets lie within a short distance of the site which are set out below. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions Appeal Decisions APP/M4510/H/24/3356935, APP/M4510/W/24/3356934 Main Issues 7. Accordingly, the main issues for the appeal are the effects of the proposal on the character of the area, and whether the effect on the setting of nearby heritage assets would harm the significance of those assets. Reasons 8. The scheme comprises the erection of an integrated digital screen, measuring around 2540mm tall and 1280 mm wide, with advertisements on each side. The structure would be around 350mm deep and would provide access to digital services including free charging, calls and internet access on equipment located on the side elevation of the structure. The advertisements would be illuminated and static in nature. The structure on which they would be displayed would be constructed in glass and fibreglass and the top of the structure would be coloured red. 9. The structure would be located on the footpath adjacent to the Hampton Hotel on Neville Street, within Newcastle city centre. The area surrounding the site contains a number of listed buildings, most of which date frome the Victorian period, being associated with the growth of the railway and the largescale expansion of the city at that time.

Page 3 · Chunk 9 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions Central station lies a short distance from the site and the nearby Grade II listed Royal Station Hotel, Grade II* listed Neville Hall and the Grade II listed Union Club Building are all imposing Victorian buildings the ornate and well-proportioned facades of which contribute to the character of this part of the conservation area. 10. The proposed “Smart Hub” would sit on a wide expanse of pavement located at the junction of Neville Street and Westgate Road. Immediately adjacent to the site sits the George Stephenson Memorial which is a grade II* asset. The memorial has significance in the connection of Stephenson with the area and the development of the railways in the region. The scale of the structure, being lower that the imposing buildings which surround it, and its position on what would have been an intersection reflecting the historic street pattern in the area, are both important attributes which contribution to the character of the Conservation Area in this part of the city.

Page 3 · Chunk 10 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions This setting now includes wrought iron traffic barriers and other urban paraphernalia which occupy the space around the asset but whilst these are visible features the generally restrained form and tone of these does not compete in views of the Memorial. 11. To the immediate north of the site sits the Grade II listed gatepost of the Old Grammar school. It is understood the gatepost has previously been relocated and so does not sit in its original position. Nevertheless, the modest structure sits in sharp contrast to the modern building behind and the quaint juxtaposition of old and new serves to emphasise the layered history of this part of the city. It is visible in shared views of the Grade I Church of Saint John the Baptist which lies adjacent to the north of the site. The church dates in part from the 14th and 15th century with Victorian additions. The ornate form of the building within its verdant churchyard is a pleasing feature in the streetscape. The building is set well back from the imposing bulk of the Hampton Hotel which provides the immediate setting of the appeal site. 12.

Page 3 · Chunk 11 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions I have considered to what extent the setting of these various assets and the character of the Conservation Area itself might be altered by the proposal. The relatively limited scale of the proposal would not be significantly out of scale with https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 12 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions I have considered to what extent the setting of these various assets and the character of the Conservation Area itself might be altered by the proposal. The relatively limited scale of the proposal would not be significantly out of scale with https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 13 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions Appeal Decisions APP/M4510/H/24/3356935, APP/M4510/W/24/3356934 the street furniture, traffic equipment and other urban fixtures. Due to its immediate position, seen in the context of the more contemporary building behind, the proposal would have a broadly neutral effect on the larger heritage assets. In relation to the smaller assets, namely the listed gatepost and the George Stephenson Memorial, these have a more intimate setting within which the asset would form a more notable feature. When seen in shared views with the Memorial the strident red top would form a distracting and incongruous feature which would be at odds with the generally restrained character of the public realm. 13. Furthermore, notwithstanding the position of the gatepost immediately adjacent to the contemporary building behind, the intrusive red top of the proposal would also form a detracting feature in close range views of this asset. Whilst I note that modern telecommunications installations are an accepted part of town centres, in this case, due to the design of the proposal and its relationship with heritage assets in the immediate vicinity, it would not sit comfortably within the historic townscape. 14.

Page 4 · Chunk 14 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions I note that although the plans propose a red top, associated submissions show a version of the hub with a black surround. This alternative surround would be more successfully assimilated within the context of the site. The appellant has advised that they have no objection to a condition requiring that the scheme be carried out in this more sympathetic finish. Subject to the imposition of such a condition I am therefore satisfied that the proposal would not harm the setting of any of the heritage assets identified above. 15. The Council have also referred to the impact of the proposal on the Hadrian’s Wall World Heritage Site but I do not consider that the proposal would have a material impact on this buried asset in this location. 16. I am therefore satisfied that the proposal would have a neutral effect on these assets, including this part of the Newcastle Conservation Area and would not harm the character of the area.

Page 4 · Chunk 15 Appeal Decisions

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Appeal Decisions The Council have put to me a number of policies and insofar as they are relevant I find no conflict with Policies UC12, UC14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne 2010-30, and Policies DM15, DM16 and DM20 of the Development and Allocations Plan which collectively seek to ensure that development respects the character of the area, including that derived from the contribution of heritage assets. Conclusion 17. Accordingly, having regard to all other matters raised, the appeals are allowed subject to conditions. 18. In relation to the planning permission, I have imposed a condition requiring the proposal be installed with a black finish for the reasons set out above. I have also imposed conditions relating to the period of implementation, and to ensure the scheme is carried out in accordance with the approved plans. In relation to the proposed advertisements, in addition to the standard conditions it is necessary to impose conditions restricting the animation of the advertisement boards, and the brightness of the illumination, which are intended for static illumination only. This is in the interests of highway safety.

Page 4 · Chunk 16 Anne Jordan

Pavement Outside The Head of Steam, (Westgate Road side), Newcaste Upon Tyne, NE1 5EN — Newcastle Upon Tyne City Council — Anne Jordan INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decisions APP/M4510/H/24/3356935, APP/M4510/W/24/3356934 Appendix 1 List of those who have appealed | Reference | Case Reference | Appellant | | --- | --- | --- | | Appeal A | APP/M4510/H/24/3356935 | Urban Innovation Company (UIC) Ltd | | Appeal B | APP/M4510/W/24/3356934 | Urban Innovation Company (UIC) Ltd | https://www.gov.uk/planning-inspectorate 5

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
For appellant
¶12

The proposal would not significantly alter the setting of nearby heritage assets and would not harm the character of the Conservation Area.

Heritage impact
For appellant
¶14

A condition requiring a black surround would ensure the proposal was successfully assimilated within the historic townscape.

Highway safety
For appellant
¶16

The proposal would have a neutral effect on the highway safety, as the advertisements would be static in nature and the illumination would be restricted.

Character and appearance
Against appellant
¶12

The red top of the proposal would form a distracting and incongruous feature in close range views of the listed gatepost and George Stephenson Memorial.

Other
For appellant
¶15

The proposal would not have a material impact on the Hadrian's Wall World Heritage Site, although the Council had raised concerns.

Policies relied on

Reference Weight
UC12, UC14, CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne 2010-30, and DM15, DM16,
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 7 March 2025 under the Open Government Licence.