Appeal 6004179

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] in accordance with the terms of the application, Ref 25/03627/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.

I have taken into account the development plan policies referred to by the Council as material considerations, since the power to control advertisements may be exercised only in the interests of amenity and public safety. The Council does not have concerns regarding public safety, and I have no reason to disagree. My recommendation therefore focuses on the effect of the advertisement on amenity, with specific regard to heritage assets. This is the main issue of the appeal.

The appeal relates to the central [site address] within a group of three, and is prominently located on a well-trafficked, four lane A-road, lined with street lighting. This street section provides a transitional buffer between Brixton’s commercial centre and the residential areas. The appeal site is within the Brixton Conservation Area (BCA) which includes open public spaces and front gardens that are historic remnants of the [name]. As such, despite there being an A-road, the surrounding area has a pleasant, spacious and verdant quality.

The appeal site is positioned outside of the [name], where it abuts the locally listed [name], formerly known as the [name]. It now functions as a live music venue, reflecting its historic and cultural use for entertainment. On the opposite side of the road, lies the [name]* listed Church of [name] and its locally listed churchyard. The church is an early 19th century [name] structure. It has a substantial and imposing presence over [site address] due to its height, fluted columns and tall doors. A tower with a square bell stage, clock faces, an octagonal "Tower of the Winds" and a cross symbol is also featured. Its significance is therefore drawn from its architectural, historical and cultural interest as a place of worship.

The Grade II listed Lambeth Town Hall stands next to [name] and dates from the early 20th century. Constructed in red brick with ornate stone detailing, the building is designed in a modified Baroque style. A prominent tower addresses the crossroads and incorporates clock faces and sculptural figures representing Justice, Science, Art, and Literature. The building’s civic grandeur therefore signifies its historic function as a town hall, a role it continues to fulfil today, from which its architectural and historic significance is derived.

Collectively, the mix of these historic listed and locally listed buildings, the modern glazed multi-storey developments, together with the open and leafy public spaces, creates a vibrant and diverse town centre that positively contributes to the character and significance of the BCA.

The proposed digital displays would be prominently located to the outer edge of the public pavement and close to the locally listed [name]. However, they would be positioned along a built-up frontage with buildings of varying scale. The displays would be contained within the [site address] structure, the position of which is long established. Given their public transport function, bus shelters are fundamentally conspicuous structures, and the proposal would be consistent and complementary to this.

The displays would also be positioned near to the [name] listed Lambeth Town Hall, the [name]* listed Church of [name] and its locally listed churchyard. However, separation distances, the A-road and boundary treatments would provide a noticeable disconnection from their settings, ensuring that their historic, architectural and cultural significances would not be impinged upon. Moreover, as the public spaces are located on the opposite side of the road, the proposal would not detract from or diminish their openness or verdant qualities.

The proposal would comprise double sided, internally illuminated digital screens which would appear bright, particularly during dark hours. However, the existing printed panels are already backlit, and the [site address] has integrated lighting. Street lighting and regular high traffic volumes along [site address] further illuminates the area. The Civic Centre features extensive multi-storey glazing with internal lighting visible. [name] incorporates wall mounted lighting and an illuminated projecting marquee. As such, the appeal scheme would not appear as a striking or unusually illuminated feature and its luminance levels would be controlled in accordance with the professional standards. Whilst the displays would operate on a sequential basis, this would represent only a limited intensification of the existing advertising unit. Each image would be displayed for a minimum of 10 seconds, with no transition or special effects. These parameters can be secured by

The appeal scheme would have modest dimensions and be subordinate to the [site address] . It would integrate well with its contemporary and functional design. Although it would have a more modern digital appearance, it would replace an existing advertising unit without altering the size, display area and location. It, therefore, would not result in additional visual clutter and would appear as an unobtrusive element against the backdrop of the multi-storey [name].

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, also a material consideration with regards to amenity, but the statutory duty under Section 66(1) of the Act is not engaged, as it only applies to a grant of planning permission. The balancing of public benefits against any 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 appeal scheme would not result in unacceptable harm to these heritage assets, insofar as they are relevant to amenity.

With this and the above in mind, the siting, illumination and design of the proposed advertisement would not unacceptably harm the character, appearance, setting or significance of the BCA, or the adjacent listed and locally listed buildings. The proposal would therefore be acceptable in amenity terms and would satisfy an assessment under the aforementioned Regulations.

The appeal scheme would comply with the aims of Policies Q2, Q5, Q6, Q17, Q20 and Q22 of the Lambeth Local Plan 2021 as far as they are material. They seek, amongst other things, 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 and developments affecting listed buildings should not harm their significance or setting.

The standard conditions are relevant to the consent as per Schedule 2 of the Regulations. The scheme sought express consent for ten years, but the standard period of five should be imposed, as the characteristics of the area may be significantly altered, and the effect on amenity could change. I have considered other conditions in light of the advice in the National Planning Policy 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 specifying the approved plans the proposal relates to. Conditions are also necessary in the interests of amenity and public safety to restrict illumination levels; to deactivate the screen in the event of malfunction or disuse; and to control imagery and prevent any special or transition effects.

To control the frequency of image changes, consultees have suggested a condition to restrict the duration to either five seconds or one minute. As both the Council and the appellant agree on a minimum display time of ten seconds, this would be reasonable in the interests of public safety. A condition to prevent obstruction of the A23 ( [site address] ) during the installation and maintenance of the advertisement is also 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 and on that basis the appeal is allowed. The effect of this is that express consent is granted, subject to the conditions referred to above and 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 ( [site 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 ( [site address] ).