Footpath outside 88-102 High Street, Waltham Cross
Broxbourne Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 23 February 2026
- Authority
- Broxbourne Borough Council
- Inspector
- Dyer I
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Other minor developments
- Appellant
- BT Group PLC
- LPA reference
- 07/25/0512/F
- ONS LPA code
- E07000095
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 19 September 2025
Summary AI
The inspector allowed the appeals for the installation of a new BT Street Hub and associated advertising panels, subject to conditions, as the development would not harm pedestrian movement and public safety.
PDF text
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions Site visit made on 17 February 2026 by I A Dyer BSc (Eng) FCIHT an Inspector appointed by the Secretary of State Decision date: 23 February 2026 Appeal A Ref: APP/W1905/W/25/3372953 Footpath outside 88-102 High Street, Waltham Cross EN8 7BX 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 BT Group PLC against the decision of Broxbourne Borough Council. The application Ref is 07/25/0512/F . The development proposed is installation of new BT Street Hub and associated display of advertisement panels to both sides of the unit. Appeal B Ref: APP/W1905/H/25/3372955 Footpath outside 88-102 High Street, Waltham Cross EN8 7BX The appeal is made under Regulation 17 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) (the 2007 Regulations) against a refusal to grant express consent. The appeal is made by BT Group PLC against the decision of Broxbourne Borough Council. The application Ref is 07/25/05013/AC. The advertisement proposed is advertising consent for advertisement panels. Decisions Appeal A Ref: APP/W1905/W/25/3372953 1.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions The appeal is allowed and planning permission is granted for installation of new BT Street Hub and associated display of advertisement panels to both sides of the unit at Footpath outside 88-102 High Street, Waltham Cross, in accordance with the terms of the application, Ref 07/25/0512/F subject to the following conditions: - 1 The development to which this permission relates shall be begun within a period of 3 years commencing on the date of this decision. 2 The development hereby permitted shall be carried out and completed in accordance with the proposals contained in the application and drawing numbers 002 Rev A, 004 Rev A and STH-001 submitted therewith. 3 This Street Hub must be managed in accordance with Version 3 of the BT Street Hub Anti-Social Behaviour Management Plan and must include the ongoing use of an algorithm to identify repeated anti-social number use, with a review after the first three months of installation between Hertfordshire Constabulary and BT to assess any issues arising. The management plan must remain for the lifetime of the device. 4 This Street Hub must be managed in accordance with Version 2 of the BT Street Hub Noise Management Plan.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions The management plan must remain for the lifetime of the device. https://www.gov.uk/planning-inspectorate
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions The management plan must remain for the lifetime of the device. https://www.gov.uk/planning-inspectorate
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions Appeal Decisions APP/W1905/W/25/3372953, APP/W1905/H/25/3372955 Appeal B Ref: APP/W1905/H/25/3372955 2. The appeal is allowed and express consent is granted for advertising consent for advertisement panels at Footpath outside 88-102 High Street, Waltham Cross EN8 7BX in accordance with the terms of the application, Ref 07/25/05013/AC, dated 28 May 2025. The consent is for four years from the date of this decision and is subject to the five standard conditions set out in Schedule 2 of the 2007 Regulations and the following additional conditions: - 1 The development hereby permitted shall be carried out and completed in accordance with the proposals contained in the application and drawing numbers 002 Rev A, 004 Rev A and STH-001 submitted therewith. 2 The luminance of the signage shall comply with the requirements of the Institute of Lighting Professionals guide PLG05 ‘The Brightness of Illuminated Advertisements’. 3 The digital display screens shall not display any moving, or apparently moving, images (including animation, flashing, scrolling, three dimensional, intermittent or video elements). 4 The minimum display time for each piece of content on the digital display screens shall be 10 seconds.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions 5 The interval between each piece of content on the digital display screens shall take place over a period no greater than one second; the complete screen shall change with no visual effects (including 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. 6 No content on the digital display screens shall resemble traffic signs, as defined in section 64 of the Road Traffic Regulation Act 1984. Preliminary Matters 3. The applications were submitted together on a single application form covering both planning permission and consent to display advertisements. As set out above there are two appeals on this site relating to different aspects of the same proposal. I have considered each proposal on its individual merits. However, to avoid duplication I have dealt with the two schemes together, except where otherwise indicated. 4. The Council has referred to development plan policies in respect of Appeal B.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions As advertisement proposals can only be considered on the basis of amenity and public safety considerations, I have taken into account relevant development plan policies so far as they relate to these issues, but in themselves they have not been determinative from the point of view of my overall conclusion on the advertisement appeal. 5. The Council identifies, as set out in the Decision Notice in the third reason for refusal, that it felt unable to make a proper and robust decision. I have assessed the proposals on the information submitted by the parties and my observations on site which were adequate to enable me to make my decision. https://www.gov.uk/planning-inspectorate 2
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions As advertisement proposals can only be considered on the basis of amenity and public safety considerations, I have taken into account relevant development plan policies so far as they relate to these issues, but in themselves they have not been determinative from the point of view of my overall conclusion on the advertisement appeal. 5. The Council identifies, as set out in the Decision Notice in the third reason for refusal, that it felt unable to make a proper and robust decision. I have assessed the proposals on the information submitted by the parties and my observations on site which were adequate to enable me to make my decision. https://www.gov.uk/planning-inspectorate 2
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions Appeal Decisions APP/W1905/W/25/3372953, APP/W1905/H/25/3372955 Main Issues 6. The main issue in relation to Appeal A is the effect of the siting of the proposed development on pedestrian movement and public safety. 7. In relation to Appeal B, the control of advertisements is exercisable only with respect to amenity and public safety. The main issue is the effect of the proposed advertisement on public safety. Reasons 8. The site is located in High Street which is a wide street with commercial uses on both sides. Generally, there are wide footways between the shop frontages and the vehicular carriageway in the vicinity of the site, but these also accommodate street furniture including street lighting columns, a closed-circuit television (CCTV) mast, roads signage, litter bins, planters and benches and a public notice board. A public house, in close proximity to the proposal site, has an area set out for outdoor seating and this has planters associated with it that form its boundary. 9. Advertising on the commercial units includes some internally illuminated signage but is generally low key and incorporates static images.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions On the opposite side of the street there are a number of items of street furniture, including a bus stop and a shelter. Overall, the area has a vibrant urban character with many comings and goings on the footways. The proposed Street Hub would be installed close to the edge of the footway, between the CCTV mast and the public noticeboard and at right angles to the kerb line. 10. No pedestrian count data has been provided by either party in support of their case. However, the proposal site lies on a busy shopping street and is likely to experience high volumes of footfall. Whilst the Street Hub would be in line with the CCTV mast and the notice board, it would be wider than either. Thus, having regard to the current layout of the street and footway width the installation of the Street Hub would provide a reduction in overall width of available footway 11. Nonetheless its inner edge would be roughly in line with the CCTV mast and the notice board, and the obstruction would lie outside of main pedestrian desire lines avoiding existing obstacles. In practical terms the Street Hub would retain a generous width of footway for pedestrians, including wheelchairs and double buggies, to pass inside of the Street Hub.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions In these circumstances the positioning of the proposed kiosk would, of itself, be unlikely to engender additional delay or encouragement to leave the footway and enter the carriageway. 12. The Street Hub includes advertising panels on its main sides. The luminance levels could be controlled by planning condition. High Street, at this point provides access to servicing traffic and car parking. However, I observed that vehicle speeds were relatively low, as the through route becomes a pedestrian area and vehicles are turning to access routes to either side. Given the level of pedestrian activity, this would be likely to affect driver behaviour and heighten awareness of the immediate surroundings. 13. Whilst the advertisements would be prominent kerbside features, and this would be emphasised by their illumination, the rate of change of image could be controlled in accordance with accepted codes of practice. They would, in a busy urban environment, not be an unusual or overly distracting feature, such that their https://www.gov.uk/planning-inspectorate 3
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions Appeal Decisions APP/W1905/W/25/3372953, APP/W1905/H/25/3372955 presence would be likely to distract drivers’ attention away from the overall street environment and activity. Given the manoeuvring that is taking place it is more likely that drivers would be concentrating on potential vehicle and pedestrian conflict. 14. For the reasons set out above, I conclude that in respect of Appeal A the proposed development would not have a harmful effect on pedestrian movement and public safety. It would therefore be in accordance with Policies DSC3 and TM2 of the Broxbourne Local Plan in as much as these, amongst other things, seek to maintain easy movement through the public realm through the use of street furniture and infrastructure and ensure that the safety of all movement corridor users is not compromised. 15. For the reasons detailed above, I also conclude that in respect of Appeal B the proposed digital advertising panels would not adversely affect public safety. In so doing I have taken into account Policies DSC3 and TM2 of the Broxbourne Local Plan, the aims of which are summarised above and so are material in this case. 16.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions In reaching the two conclusions above, I am mindful that it is proposed that a nearby phone box would be removed should the proposed Street Hub be installed. Its removal would have the benefit of fewer structures in the local streetscape, and I have no reason to object to its removal. However, as I have found that the proposals in both appeals are acceptable on their own merits, neither is reliant on the removal of that kiosk. Conditions – Appeal A 17. In addition to that setting out the statutory time limit, a condition requiring compliance with the approved plans is necessary for the avoidance of doubt and in the interest of certainty. 18. In the interests of public amenity and public safety I have added conditions suggested by the Council and the local Constabulary relating to the management of the Street Hub. 19. I have amended the Council’s suggested conditions, as appropriate, for clarity. Conditions – Appeal B 20. The Council has suggested a number of conditions. 21. A condition requiring compliance with the approved plans is necessary for the avoidance of doubt and in the interest of certainty. 22.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — Appeal Decisions A condition to control the intensity of illumination is necessary to preserve the character and appearance, and hence the amenity, of the area and to ensure that the advertisement does not distract drivers. 23. In the interests of public safety, it is necessary to impose conditions relating to the movement, display and intervals for any advertisements and governing the images displayed so that they do not cause driver or pedestrian distraction or confusion. https://www.gov.uk/planning-inspectorate 4 Appeal Decisions APP/W1905/W/25/3372953, APP/W1905/H/25/3372955 Conclusions – Appeals A & B 24. For the above reasons I conclude that both Appeal A and Appeal B should be allowed.
Footpath outside 88-102 High Street, Waltham Cross — Broxbourne Borough Council — I A Dyer INSPECTOR https://www.gov.uk/planning-inspectorate 5
Main issues and findings
Highway safety Against appellant ¶10
The inspector concluded that the proposed kiosk would not engender additional delay or encourage pedestrians to leave the footway and enter the carriageway.
Highway safety Against appellant ¶13
The inspector determined that the advertisements would not be an unusual or overly distracting feature, and would not distract drivers' attention away from the overall street environment and activity.
Heritage impact Neutral ¶8
The inspector noted the site's location in a wide street with commercial uses on both sides, but did not specifically address heritage impact.
Living conditions Neutral ¶12
The inspector observed that vehicle speeds were relatively low, and that the level of pedestrian activity would affect driver behaviour and heighten awareness of the immediate surroundings.
Policies relied on
| Reference | Weight |
|---|---|
| Broxbourne Local Plan DSC3 |
Determinative |
| Broxbourne Local Plan TM2 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 5 pages, issued by the Planning Inspectorate on 23 February 2026 under the Open Government Licence.