Case Reference: 3349575
City of Bradford Metropolitan District Council • 2024-11-25
Appeal Decision
Site visit made on 20 November 2024
by A Caines BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 25 November 2024
Appeal Ref: APP/W4705/Z/24/3349575
113-115 Legrams Lane, Bradford BD7 2AA
• The appeal is made under Regulation 17 of the Town and Country Planning (Control of
Advertisements) (England) Regulations 2007 (as amended) against a refusal to grant
express consent.
• The appeal is made by [APPELLANT] against the decision of City of Bradford
Metropolitan District Council.
• The application Ref is 24/01701/ADV.
• The advertisement proposed is described as conversion of poster advertisement to D48
adverting display.
Decision
1. The appeal is allowed and express consent is granted for the display of the
advertisement applied for. The consent is for five years from the date of this
decision and is subject to the five standard conditions set out in the
Regulations and the following additional conditions:
1) The intensity of the luminance of the advertisement display shall be
no greater than 300 candela per square metre at night (dusk until dawn).
2) In daylight hours, the intensity of the luminance of the advertisement
display shall be controlled in order to reflect ambient light conditions and
shall at all times be no greater than the recommended maximum daytime
luminance values set out within the Institution of Lighting Professionals –
Professional Lighting Guide (PLG 05) 'Brightness of Illuminated
Advertisements’ (or its equivalent in a replacement Guide).
3) The advertisement display shall only display static images and shall not
display any moving images, animation, intermittent or full motion
video images.
4) No individual advertisement shall be displayed for a duration of less than
10 seconds.
Main Issue
2. The Regulations make clear that advertisements should be subject to control
only in the interests of amenity and public safety. The Council raises no
objection on safety grounds, and I have no reason to take a different view.
Thus, the main issue is the effect of the proposed advertisement on amenity.
Reasons
3. The proposed digital advertisement display would replace an existing poster
billboard on the west-facing flank wall of 113-115 Legrams Lane. The evidence
suggests that the existing poster billboard has been present since at least
2008 and may therefore benefit from deemed consent.
4. I do consider that the digital display would be more eye-catching than the
existing poster billboard by reason of the permanent digital illumination and
sequential changing images. However, this would be within the context of the
broad width of the road corridor, streetlights, and a range of commercial/retail
sites and buildings, including the adjacent car park. Adverts of varying size
and illumination are, in general, a common feature along this busy route into
the city centre. The existing billboard is an established part of that character.
5. The proposed digital display would be framed against the end of the terrace in
the same way as the existing billboard. Seen in the context of other
commercial signage and within a busy and well-lit urban environment, it would
not appear overly dominant or unduly conspicuous in this particular locality.
Nor would it contribute to visual clutter or an unnecessary proliferation of
signage given the present situation.
6. Therefore, subject to controls which could be put in place over the level of
illumination and the speed and frequency of image transitions, I conclude that
the proposed digital advertisement display would not cause material harm to
the visual amenity of the area.
7. Although not decisive, the proposal also complies with the advertisement and
general design objectives of the National Planning Policy Framework and
Policies DS1 and DS3 of Bradford’s Core Strategy Development Plan
Document (2017).
Conditions
8. In addition to the five standard conditions set out in the Regulations, I have
imposed conditions on illumination and on the duration, type, and transition
between displayed images in line with what is proposed and to maintain the
area’s amenity.
Conclusion
9. For the reasons given above, the appeal should be allowed.
A Caines
INSPECTOR
Site visit made on 20 November 2024
by A Caines BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 25 November 2024
Appeal Ref: APP/W4705/Z/24/3349575
113-115 Legrams Lane, Bradford BD7 2AA
• The appeal is made under Regulation 17 of the Town and Country Planning (Control of
Advertisements) (England) Regulations 2007 (as amended) against a refusal to grant
express consent.
• The appeal is made by [APPELLANT] against the decision of City of Bradford
Metropolitan District Council.
• The application Ref is 24/01701/ADV.
• The advertisement proposed is described as conversion of poster advertisement to D48
adverting display.
Decision
1. The appeal is allowed and express consent is granted for the display of the
advertisement applied for. The consent is for five years from the date of this
decision and is subject to the five standard conditions set out in the
Regulations and the following additional conditions:
1) The intensity of the luminance of the advertisement display shall be
no greater than 300 candela per square metre at night (dusk until dawn).
2) In daylight hours, the intensity of the luminance of the advertisement
display shall be controlled in order to reflect ambient light conditions and
shall at all times be no greater than the recommended maximum daytime
luminance values set out within the Institution of Lighting Professionals –
Professional Lighting Guide (PLG 05) 'Brightness of Illuminated
Advertisements’ (or its equivalent in a replacement Guide).
3) The advertisement display shall only display static images and shall not
display any moving images, animation, intermittent or full motion
video images.
4) No individual advertisement shall be displayed for a duration of less than
10 seconds.
Main Issue
2. The Regulations make clear that advertisements should be subject to control
only in the interests of amenity and public safety. The Council raises no
objection on safety grounds, and I have no reason to take a different view.
Thus, the main issue is the effect of the proposed advertisement on amenity.
Reasons
3. The proposed digital advertisement display would replace an existing poster
billboard on the west-facing flank wall of 113-115 Legrams Lane. The evidence
suggests that the existing poster billboard has been present since at least
2008 and may therefore benefit from deemed consent.
4. I do consider that the digital display would be more eye-catching than the
existing poster billboard by reason of the permanent digital illumination and
sequential changing images. However, this would be within the context of the
broad width of the road corridor, streetlights, and a range of commercial/retail
sites and buildings, including the adjacent car park. Adverts of varying size
and illumination are, in general, a common feature along this busy route into
the city centre. The existing billboard is an established part of that character.
5. The proposed digital display would be framed against the end of the terrace in
the same way as the existing billboard. Seen in the context of other
commercial signage and within a busy and well-lit urban environment, it would
not appear overly dominant or unduly conspicuous in this particular locality.
Nor would it contribute to visual clutter or an unnecessary proliferation of
signage given the present situation.
6. Therefore, subject to controls which could be put in place over the level of
illumination and the speed and frequency of image transitions, I conclude that
the proposed digital advertisement display would not cause material harm to
the visual amenity of the area.
7. Although not decisive, the proposal also complies with the advertisement and
general design objectives of the National Planning Policy Framework and
Policies DS1 and DS3 of Bradford’s Core Strategy Development Plan
Document (2017).
Conditions
8. In addition to the five standard conditions set out in the Regulations, I have
imposed conditions on illumination and on the duration, type, and transition
between displayed images in line with what is proposed and to maintain the
area’s amenity.
Conclusion
9. For the reasons given above, the appeal should be allowed.
A Caines
INSPECTOR
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Appeal Details
LPA:
City of Bradford Metropolitan District Council
Date:
25 November 2024
Inspector:
Caines A
Decision:
Allowed
Type:
Commercial Appeal Service (CAS)
Procedure:
Written Representations
Development
Address:
113-115 Legrams Lane, BRADFORD, BD7 2AA
Type:
Other minor developments
LPA Ref:
24/01701/ADV
Case Reference: 3349575
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