Appeal 6004181

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 25/03629/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 development plan’s relevance is noted and has been taken into account as a material consideration. The power to control advertisements may be exercised in the interests of amenity and public safety only. The Council has no objections on the latter grounds. I have no reason to disagree. Therefore, my recommendation 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 southmost [site address] within a trio grouped close together. It is prominently positioned on [site address] , which is a four lane carriageway lined with streetlights that experiences a high volume of traffic. This part of the road transitions from Brixton’s commercial centre to the residential areas beyond. The appeal site is within the Brixton Conservation Area (BCA), which includes surviving parts of the [name] that comprise the open, public spaces and front gardens. The area therefore maintains a pleasant, spacious, and green character, even with the presence of an A-road.

The [site address] is sited centrally outside of the [name], on the same side of the road as the locally listed [name], currently used as a live music venue. [name] reflects its historic and cultural function for entertainment purposes, as it was formerly known as the [name]. The Grade II* listed Church of [name] and its locally listed churchyard are set across the street. The church is an early 19th structure in the [name] style. Its height, fluted columns, and tall doors give it an imposing presence overlooking [site address] . Rising above the church, is a tower with a square bell stage, clock faces, an octagonal "Tower of the Winds" and a cross symbol. Its significance stems from its architectural, historical and cultural interest as a place of worship.

These historic listed and locally listed buildings, together with the presence of modern, glazed multi-storey offices and dwellings, with the open and leafy public spaces, all influence a vibrant and varied town centre, which makes a positive contribution to the significance and character of the BCA.

The proposal would install double-sided, internally illuminated digital screens to the existing [site address] and would be more noticeable, particularly during dark hours. However, the appeal site is already within a well-lit environment. The [site address] incorporates integrated lighting, and its current printed advertisement panels are backlit. Street lighting and the high volume of traffic along [site address] further contribute to the illumination levels. The proposal would also sit in front the [name], which has extensive multi-storey glazing that allows internal lighting to be clearly visible within the street scene.

In this context, the proposal would not present as a discordant or excessively illuminated feature, with luminance levels controlled in accordance with the relevant professional standards. Although the display would operate on a sequential basis, this would amount to only a limited intensification of the advertising unit. Each advertisement would also be shown for a minimum of ten seconds, with no transition or special effects. These parameters can be secured by condition.

The proposed advertisements would be modest in scale and size, and would remain visually subordinate to the [site address] , responding appropriately to its contemporary and functional design. Whilst it would introduce a more modern, digital appearance, it would replace an existing advertising unit, with no change to its size, display area, or siting. As a result, it would not give rise to additional visual clutter. Set against the backdrop of the multi-storey [name], the displays would also read as a visually unobtrusive structure.

The proposal would occupy a prominent position along the outer edge of the public pavement. However, it would sit within an established built-up frontage with buildings of varying scale. The digital displays would be enclosed within the existing [site address] , which has been fixed in place for a long period. Given the need for bus shelters to be clearly visible as part of public transport infrastructure, they would be consistent with and complementary to, rather than dominating over, this function.

They would be located close to the locally listed [name], the [name]* listed Church of [name] and its locally listed churchyard. However, the four-lane carriageway, boundary treatment and intervening distances would provide noticeable separation. This would ensure that their historic, architectural and cultural significance is not impinged upon. Additionally, and given that the public spaces are located on the opposite side of the road, the proposal would not detract from, or erode, their open or leafy qualities.

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. Nonetheless, the proposal would not result in harm to these heritage assets, as far as they are relevant to amenity.

Consequently, the illumination, design and siting of the proposal would not unacceptably harm the character, appearance, setting or significance of the BCA and the adjacent listed and locally listed buildings. The proposal would therefore be acceptable in amenity terms and would comply with the 2007 Regulations.

The proposal would also 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 to the main issue. These 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/setting.

The Grade II listed Lambeth Town Hall is sited nearby and is referred to in the reason for refusal. It dates from the early 20th century, and its significance is derived from both its grand and ornate architecture and its historic function as a town hall, which remains to this day. However, given the separation distance from this listed building, the proposed displays would not be read within the same context as it, and so would not result in harm to its significance.

In accordance with Schedule 2 of the Regulations, the standard conditions are relevant to the consent. Although the application sought express consent for ten years, a standard five year period should be applied, as the character of the area may change over time, which could alter the effects on amenity. Additional conditions have been considered against the advice in the National Planning Policy Framework and Planning Practice Guidance. Where necessary, changes have been made to ensure clarity and enforceability.

For certainty and enforceability, a condition specifying the approved plans to which the proposal relates to is necessary. Further conditions are also necessary in the interests of amenity and public safety, including controls over luminance levels, the deactivation of the screen in the event of malfunction or disuse, restrictions on imagery and to prevent special or transition effects. The main parties agree on a minimum display time of ten seconds in the interests of public safety. A further condition preventing obstruction of the A23 ( [site address] ) during the installation and maintenance of the advertisement is also reasonable for public safety.

Controls on the parking of vehicles from the service providers, the storage of skips or construction materials, and the licensing of scaffolding or hoarding are not required, as these are governed by 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 standard conditions referred to above and those set out in the schedule 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] ).