Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions Site visit made on 15 July 2025 by R Dickson BSc (Hons) MSc MRTPI Decision by Helen Hockenhull BA(Hons) B.PI MRTPI an Inspector appointed by the Secretary of State Decision date: 27 AUGUST 2025 Appeal A Ref: APP/Z3635/W/25/3360854 Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames TW18 4QB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Thomas Johnston of New World Payphones against the decision of Spelthorne Borough Council. • The application Ref is 24/01404/FUL. • The development proposed is for the installation of 1 no. new communications Kiosk with integrated defibrillator and advertising display. Appeal B Ref: APP/Z3635/H/25/3360855 Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames TW18 4QB • The appeal is made under Regulation 17 of the Town and Country Planning Act 1990 (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 Spelthorne Borough Council. • The application Ref is 24/01405/ADV.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions • The development proposed is for the installation of 1 no. new communications Kiosk with integrated defibrillator and advertising display. Decision – Appeal A 1. The appeal is allowed and planning permission is granted for Installation of 1 no. new communications Kiosk with integrated defibrillator and advertising display at Land outside Elmsleigh Shopping Centre, Staines-upon-Thames, TW18 4QB in accordance with the terms of the application, Ref 24/01404/FUL, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the Site Location Plan, and drawing numbers PY4623-037-003 and NWP- KIOSK/001. Decision – Appeal B 2. The appeal is allowed and express consent is granted for the installation of 1 no. new communications kiosk with integrated defibrillator and advertising display at Land outside Elmsleigh Shopping Centre, Staines-upon-Thames, TW18 4QB in accordance with the terms of the application, Ref 24/01405/ADV. The consent is for 5 years from the date of this decision and is subject to the five standard conditions https://www.gov.uk/planning-inspectorate

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions Appeal Decisions APP/Z3635/W/25/3360854, APP/Z3635/H/25/3360855 set out in Schedule 2 of the 2007 Regulations and the following additional conditions: 1) There shall be no moving images, animation, video or full motion images displayed unless otherwise permitted by this consent. 2) In the hours of darkness, the advertisement display luminance shall be no greater than 300cd/m2 in accordance with the recommended maximum night-time luminance value set out in Table 10.4 within the Institution of Lighting Professionals - Professional Lighting Guide (PLG 05) 'Brightness of Illuminated Advertisements including Digital Displays' (or its equivalent in a replacement guide) in cd/m2. 3) In daylight hours, the advertisement display luminance shall be controlled in order to reflect ambient light conditions (to ensure it is neither too bright or too dull), and shall at all times be no greater than the recommended maximum daytime luminance values set out in Table 10.5 within the Institution of Lighting Professionals - Professional Lighting Guide (PLG 05) 'Brightness of Illuminated Advertisements including Digital Displays' (or its equivalent in a replacement guide) in cd/m2.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions 4) Unless otherwise permitted, the minimum display time for each advertisement shall be 10 seconds and the advertisement shall not include any features which would result in interactive messages / advertisements being displayed. 5) The interval between successive advertisements shall be no greater than 1 second and the complete display shall change without effect. The display to include a mechanism to default to a blank or black screen in the event of malfunction, or if the advertisement is not in use. Appeal Procedure 3. The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. Procedural Matters 4. There are two appeals relating to the site, one against a refusal of planning permission and the other against a refusal of advertisement express consent. They are intrinsically linked as one concerns the kiosk unit upon which an advertisement would be displayed. Both appeals raise similar issues. Whilst considering each appeal on its own merits this decision letter considers both appeals in one. 5.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions The description of development for Appeal A and Appeal B differs on the application form and the Council’s decision notice, with the appellants description excluding the telephone element. I am satisfied that the plans before me show that a telephone will be provided within the kiosk. I have therefore used the original description of development from the application forms in my banner headings above for consistency across both appeals. https://www.gov.uk/planning-inspectorate 2

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions The description of development for Appeal A and Appeal B differs on the application form and the Council’s decision notice, with the appellants description excluding the telephone element. I am satisfied that the plans before me show that a telephone will be provided within the kiosk. I have therefore used the original description of development from the application forms in my banner headings above for consistency across both appeals. https://www.gov.uk/planning-inspectorate 2

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions Appeal Decisions APP/Z3635/W/25/3360854, APP/Z3635/H/25/3360855 Planning Policy: Appeal A 6. 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 7. 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 8. In respect of both appeals the local planning authority has not raised concern with regard to public safety. 9.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions The main issues are the effect of the proposal on the character and appearance of the area (Appeal A), and the effect of the advertisement on visual amenity (Appeal B) Reasons for the Recommendation 10. The appeal site is located on a corner of pavement near to Elmsleigh Shopping Centre on South Street. The shopping centre, which forms part of the backdrop of the appeal site, is a large red brick and glazed building, with a library which opens out into an outdoor area bound by low metal railings, immediately next to the appeal site. Next to the main red brick building is a concrete structure which appears to be a multi-storey car park, with other shops below it. 11. South Street is a dualled carriageway with a signal controlled junction immediately south of the appeal site. A bus station is seen within the same context as the appeal site against the shopping centre. Further from the site there is a concrete bridge which forms a ramp to the multi storey car kark, other red-bricked buildings, a street level car park, and trees. The area taken as a whole has a busy and functional character, which appears to have been designed to serve the shopping centre. 12.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions The kiosk would be positioned on a wide part of the pavement, near the exit of the bus station. Whilst the appeal site and immediately surrounding area has an open and spacious appearance, there are a number of features in the street scene such as railings, traffic lights, lighting columns and traffic signs, which add to the clutter in the area. The proposal would provide a further structure, but having regard to the context, would not result in an increase in clutter causing unacceptable harm to the street scene. Furthermore, although the kiosk would be a large addition to the pavement, its scale would not be out of proportion to the tall shopping centre building. The kiosk would be a relatively solid structure, however it would emulate a traditional telephone box in its design. Given the width of the pavement and scale https://www.gov.uk/planning-inspectorate 3

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions Appeal Decisions APP/Z3635/W/25/3360854, APP/Z3635/H/25/3360855 of the buildings and structures surrounding it, views beyond the kiosk would be not obstructed. The proposal would therefore not negatively impact the character and appearance of the area. 13. The proposal would introduce an advertisement into an area with no other digital advertisements. Despite this, the site plan indicates that the digital display would be seen against the backdrop of the bus station which has an ever changing appearance owing to the movement of large vehicles and general activity. Given the busy functional character and appearance of the area, although the advertisement would have a degree of prominence, it would not harm the visual amenity of the area as a whole. 14. For these reasons, I conclude that the proposed telephone kiosk would not harm the character and appearance of the area (Appeal A), nor the visual amenity of the locality (Appeal B). 15.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions I have taken into account policy EN1 of the Spelthorne Borough Council’s Core Strategy and Policies Development Plan Document (2009) which seeks to ensure that developments make a positive contribution to the street scene (Appeal A), together with paragraph 141 of the National Planning Policy Framework (2024) (the Framework) which deals with the quality and character of places in relation to advertisements (Appeal B). These policies are material to the cases before me. Given that I have concluded that the proposals would not harm the character, appearance and visual amenity of the area, the proposal would be in accordance with policy EN1, and the aims of the Framework. Other Matters 16. I have had regard to health concerns raised by interested parties relating to kiosks which provide internet coverage and use LED displays. However, the appellant has put forward a number of public benefits of the kiosk, including the provision of a phone which could be used to contact emergency services, and a defibrillator. The public benefits identified are such that they outweigh the concerns raised by the interested parties. Conditions – Appeal A 17.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions As well as the standard time limit condition, in the interests of certainty I have recommended a condition defining the approved drawings. Conditions – Appeal B 18. Together with the five standard conditions, the appellant has suggested six further conditions which I have considered. 19. It is necessary to control the level of illumination during the hours of daylight and darkness in the interests of visual amenity and public safety. It is also necessary in the interests of public safety to control animations, frequency of advertisements, and interval between advertisements. The appellant has also suggested a condition which permits the advertisement for a period of five years. All express consents are granted for a period of five years, therefore a specific condition referring to a time period of five years is not necessary. https://www.gov.uk/planning-inspectorate 4

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Appeal Decisions Appeal Decisions APP/Z3635/W/25/3360854, APP/Z3635/H/25/3360855 Conclusion and Recommendation 20. For the reasons given above and having had regard to all other matters raised, I recommend that both Appeal A and Appeal B should be allowed, subject to conditions.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — R Dickson APPEAL PLANNING OFFICER Inspector’s Decision 21. I have considered all the submitted evidence and my representative’s report and on that basis Appeal A and Appeal B are allowed.

Land outside Elmsleigh Shopping Centre, South Street, Staines-upon-Thames, TW18 4QB — Spelthorne Borough Council — Helen Hockenhull INSPECTOR Appendix 1 List of those who have appealed | Reference | Case Reference | Appellant | | --- | --- | --- | | Appeal A | APP/Z3635/W/25/3360854 | Mr Thomas Johnston of New World Payphones | | Appeal B | APP/Z3635/H/25/3360855 | Mr Thomas Johnston of New World Payphones | https://www.gov.uk/planning-inspectorate 5