Appeal 6004177

The appeal is allowed and express consent is granted for the display of an internal illuminated sequential advertisement capable of static and dynamic content display with automatic rotation of images at [site address] , [site address] Side, London [postcode] in accordance with the terms of the application, Ref 25/03435/ADV. The consent is for five 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 additional conditions set out in the attached schedule.

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.

The address provided on the application form does not include the full street name. For clarity and accuracy, I have therefore used the full street name as stated in the Council’s decision notice in the banner heading above, which, together with the site location plan, correctly identifies the site.

The Council has referred to development plan policies, and I have taken them into account as material considerations. However, power to control advertisements may be exercised only in the interests of amenity and public safety and therefore the policies alone have not been decisive. The Council does not have concerns regarding public safety, and I have no reason to disagree.

The effect of the proposed advertisement on amenity, with specific regard to

The appeal relates to an existing [site address] flanked by [name] listed buildings which include uniform, repeating sash windows, mansard roofs, arched front entrances and iron railings. These features highlight the building’s architectural and historical significance as notable Georgian and Victorian dwellings, which date from the early to mid-19th century. They face toward the [name], which forms as a central and defining feature of the Clapham Conservation Area (CCA). The [site address] itself is prominently located on [name], which is a well trafficked route, with a four lane carriageway, lined with street lighting and mature trees. It therefore has a spacious and leafy quality which makes a positive contribution to the significance and character of the CCA.

The proposal would include double sided, internally illuminated digital screens and would appear bright, particularly during dark hours. However, the existing advertising unit already has rear illuminated panels and the [site address] itself has integrated lighting. Whilst there are limited examples of digital screens in the vicinity, the surrounding area is well-lit by street lighting and traffic along the road. In this context, it would not appear as an intrusive or unusually illuminated feature. Luminance levels would also be restricted in accordance with professional standards. Although the displays would increase the frequency of changing imagery, this would represent only a limited intensification of the established advertising unit. Each image would also be displayed for a minimum of 10 seconds, with no transition or special effects. These parameters can be secured by condition.

The proposal would have a modern, digital appearance which would be more noticeable within the open and verdant setting of the CCA. However, it would be of the same size, display area and location as the existing advertising unit and would not result in additional visual clutter. Its modest dimensions would sit comfortably within, and remain subordinate to, the [site address] structure. The proposed displays would also integrate well with the shelter’s contemporary design, ensuring a cohesive overall appearance. It would appear as a modest feature against the backdrop of the larger buildings to its rear. The listed buildings are also set well back and are clearly separated from the appeal site by the intervening distances, front boundary treatments, mature trees and public pavement. This would ensure that their historic and architectural significance are not unacceptably diminished.

Whilst the proposal would be prominently located on the public pavement, this reflects the established position of the [site address] . Given that bus shelters are inherently designed to attract attention as part of their public transport function, the proposal would be consistent and complementary to this. Therefore, and for the above reasons, the illumination, design, and siting of the proposed advertisement would not unacceptably harm the character, appearance, setting or significance of the CCA or the adjacent listed buildings.

Section 72(1) of The Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires special attention be paid to the desirability of preserving or enhancing the character or appearance of conservation areas. This statutory duty applies in advertisement appeals insofar as it relates to the consideration of amenity. The setting of listed buildings is, in this case, a material consideration in considering the effect on amenity, but the statutory duty under Section 66(1) of the same Act is not engaged, as it only applies to a grant of planning permission.

The Council states the proposal would cause a low level of less than substantial harm upon heritage assets. However, the balancing of public benefits against heritage harm is not applicable, as this only applies to heritage-related consent regimes under the Act. In any case, I have found that the proposal would not result in unacceptable harm to these heritage assets, as far as they relate to amenity. With this and the above in mind, the proposal would be acceptable in amenity terms and would satisfy an assessment under the 2007 Regulations.

Policies Q2, Q5, Q6, Q17, Q20 and Q22 of the Lambeth Local Plan 2021 seek, amongst other things, to support developments that do not unacceptably compromise visual amenity, and which provide a safe, attractive, uncluttered, co-ordinated public realm. Local distinctiveness should be sustained and reinforced, and no advertisement shall harm amenity. The character or appearance of conservation areas should be preserved or enhanced, with development affecting listed buildings supported where it would not harm the significance/setting. The appeal scheme would sit appropriately with their aims.

The standard conditions are relevant to the consent as per Schedule 2 of the Regulations. The application originally sought express consent for 10 years, but the standard period of five years should be imposed, as the characteristics of the area may be significantly altered, and the effect on amenity could change.

The Council, appellant and consultees have suggested a number of conditions which I have considered in the light of the advice in the Framework and Planning Practice Guidance. In some cases, I have made amendments for clarity and enforceability.

To provide certainty and for enforcement purposes, it is necessary to impose a condition to specify the approved plans the proposal relates to. Conditions are also necessary to restrict illumination levels; to deactivate the screen in the event of malfunction/disuse; and to control imagery and prevent any special or transition effects. These are reasonable and necessary in the interests of amenity and public safety. A condition to prevent obstruction on the A24 ([name]) during the installation and maintenance of the advertisement is also reasonable and necessary in the interests of public safety.

Transport for London has suggested conditions to control the parking of vehicles associated with the installation of the advertisement, to prevent the storage of skips or construction materials, and to require licensing for any scaffolding or hoarding. However, they are not necessary as these matters are regulated through separate statutory and highway regimes.

For the reasons given above, the appeal scheme should be allowed in these circumstances and subject to the conditions set out.

I have considered all the submitted evidence and my representative’s report. On that basis the appeal is allowed, and express consent is granted subject to the conditions referred to above and as set out below.

The advertisement hereby permitted relates to the following approved plans, drawing references: Location Plan and A02310/01 [name].

In daylight hours, the display luminance of the advertisement hereby permitted shall at all times be no greater than the recommended maximum daytime luminance values set out in Table 10.5 within the Institution of [name] – [name] (PLG 05) ‘Brightness of [name] including [name] (or its equivalent replacement guide) in candela per square metre (cd/m2). In the hours of darkness, it shall be no greater than 300 cd/m2.

The minimum time for each display on the advertisement hereby permitted shall be ten seconds. The interval between displays shall be instantaneous (no greater than 1 second) and the complete display shall change with no special effects (including fading, swiping or other animated transition methods). In the event of a malfunction, or if it is not in use, the display shall include a mechanism to default to a blank or black screen.

The advertisement hereby permitted shall not display any sequencing of messages related to the same product across more than one screen image; interactive messaging; or images resembling road traffic signs, traffic lights or traffic matrix signs at any time. There shall be no special effects including noise, smell, smoke, exposed cold cathode tubing, flashing, scrolling, animation, three dimensional, or video elements of any kind during the time that any message is displayed.

No part of the footway or carriageway on the A23 ([address]) shall be obstructed during the installation or any future maintenance of the advertisement hereby permitted. Any obstructions during installation or maintenance must be kept to a minimum and managed to ensure the safe passage of pedestrians and vehicles on the A23 ([address]).