Appeal 3272717

The appeal is allowed, and express consent is granted to replace 6mx3m display with LED illuminated 6mx3m D-Poster display, with condition No. 3 on approved application [name]/21/0039 varied. The consent is for five years from the date of this decision. It is subject to the five standard conditions set out in the Regulations and the following 2 additional conditions:

The maximum level of luminance of the sign hereby granted consent shall at no time exceed 2000 candela/sqm. Additionally, when the public streetlights are on, or darkness has descended (whichever occurs first) the luminance level shall be limited to 300 candela/sqm. The sign shall be equipped with a dimmer control and a photo cell that constantly monitors ambient light conditions and adjusts the luminance level of the sign accordingly.

The sign hereby granted express consent shall not be illuminated between the hours of 2300 to 0700 on any day.

Paragraph 132 of the National Planning Policy Framework (the Framework) advises that there is a separate consent process to control the display of advertisements1. The Framework, the Regulations, and the Planning Practice 1 They are regulated by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended). Guidance (PPG) all make it clear that advertisements are controlled with reference only to their effect on amenity and public safety2. The provisions of the development plan, and any other relevant factors, can be considered, so far as they are material3. I have assessed the proposal in accordance with the Regulations.

The main issues are the effect of the proposed advertisement on the visual amenity of the area and public safety, should the condition be removed or varied.

The proposed advertisement sign would be affixed to the side of a building that fronts [address]. The sign would face a side road which serves a small number of industrial units and a public car parking area. Hednesford road cuts through a built-up area comprising a mix of land uses including shops, restaurants, take-aways, hair and beauty salons, public houses, light industrial units, and dwellings.

The sign would be highly visible to pedestrians and drivers travelling from the north-west of [address] in a south-easterly direction. As such, the level and hours of illumination could potentially be harmful to the character and appearance of the area and public safety.

I agree with the parties that varying the condition to provide different levels of luminance suitable for different times of the day, taking account of guidance provided by the Institute of [name], would ensure the proposed advertisement had an acceptable effect on the visual amenity of the area whilst also ensuring public safety. As such, I consider that express consent can be granted with the disputed condition suitably varied.

The consent is granted subject to the five standard conditions set out in the Regulations. I have attached 2 non-standard conditions relating to luminance levels and hours of illumination, taking account of the suggested condition and the relevant conditions tests, in the interests of the visual amenity of the area and public safety.

For the reasons outlined above, I conclude that the appeal is allowed.