Appeal 6004180

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 25/03626/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 Council has referred to development plan policies, and I have taken them into account as far as they are material to the main issue. The power to control advertisements may be exercised only in the interests of amenity and public safety. I have no reason to disagree with the Council’s assessment of public safety. My recommendation therefore focuses on the main issue, which is the effect of the advertisement on amenity, with specific regard to heritage assets.

The appeal relates to the northmost [site address] out of the three clustered together. It is prominently located on [site address] , a heavily trafficked, four lane main road through Brixton. Street lighting lines the carriageway, where this section of the road transitions between the commercial and residential areas. It is sited within the Brixton Conservation Area (BCA), which includes historic remnants of the [name] that covers the public spaces and front gardens. These features influence an open and leafy setting, providing a softened scenery next to the A-road.

The [site address] is situated in front of the locally listed [name], formerly known as the [name], where its current use as a live music venue reflects its historic entertainment and cultural function. The Grade II listed Lambeth Town Hall sits next to [name]. It dates from the early 20th century and features a red brick exterior, with ornate stone dressings in a modified Baroque style. There is a tall tower above, facing the crossroad junction, with clock faces and sculptured figures, representing Justice, Science, Art and Literature. The grandness of the building and these features, hark to its historic civic use. As such, its significance is derived from its architectural and historical interest as a town hall, where this use continues to this day.

The wider area has the [name]* listed Church of [name] and its locally listed churchyard. Dating from the early 19th century, the church is in the [name] style and has an imposing presence over [site address] , due to its notable height, fluted columns and tall doors. It also features a tower with a square bell stage, clock faces, an octagonal "Tower of the Winds" and a cross symbol to its top. It therefore has an architectural, historical and cultural interest as a church, where the churchyard further defines its significance as a place of worship. These statutory and locally listed buildings, combined with modern glazed multi-storey examples, and the green and spacious public spaces shape a vibrant town centre that makes a positive contribution to the significance and character of the BCA.

The appeal scheme would have a more modern and digital appearance in comparison to the current printed displays. However, it would replace an existing advertising unit, maintaining the same size, display area and location, and so would not result in additional visual clutter. Its modest dimensions would remain subordinate to the [site address] , integrating well with its contemporary and functional design. It would also appear as an unobtrusive feature against the backdrop of the expansive front elevation of [name].

Double sided, internally illuminated digital screens would have a bright appearance, particularly during dark hours. However, the existing panels already have rear illuminated images and the [site address] has integrated lighting. The surrounding area is well-lit by street lighting and traffic. [name] has several examples of wall mounted illumination. The scheme would not therefore be a discordant or unusual feature. Luminance levels would also be restricted in accordance with professional standards. Although it would incorporate a sequential display, this would represent only a limited intensification of the established advertising unit. Each image would also be displayed for a minimum of ten seconds and with no transition or special effects.

The advertisement would be prominently located on the pavement in front of [name]. However, this reflects the longstanding position of the existing [site address] , and the digital displays would be contained within it. Bus shelters are also inherently designed to attract attention as part of their public transport function and the appeal scheme would be consistent and complementary thereto.

The appeal site is noticeably separated from the other listed and locally listed heritage assets referenced above. As such, the appeal scheme would not impinge on their historic, architectural and cultural significance, particularly given that the BCA comprises a mix of both historic and modern developments. The proposal also relates to a [site address] with existing advertisements, positioned along a built-up frontage with buildings of varying scale. It would not detract from, or erode, the openness or verdant qualities of the public spaces on the opposite side of the road.

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 heritage harm is not relevant, 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 in these regards.

The design, illumination and siting of the appeal scheme 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 satisfy an assessment under the aforementioned 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 and developments affecting listed buildings should not harm their significance/setting. Whilst material, 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 ten years. However, given the length of this time period, the characteristics of the area may be significantly altered, and the effect on amenity could change. It is therefore appropriate to grant express consent for the standard period of five years. I have considered further conditions against advice in the National Planning Policy Framework and Planning Practice Guidance. 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 would also be necessary, in the interests of public safety and amenity, 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.

A condition to control the frequency of image changes is also necessary. The main parties agree on a minimum display time of ten seconds, which is reasonable, particularly as the Council has raised no public safety concerns. A condition to prevent obstruction of the A23 ( [site address] ) during the installation and maintenance of the advertisement is also reasonable 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. Express consent is therefore 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, animation, exposed cold cathode tubing, flashing, scrolling, 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] ).