Planning – Application Comments

Consultation Date: Wed 08 Nov 2023

Comment Date: Wed 20 Dec 2023

PLYMOUTH CITY COUNCIL CONSULTEE COMMENTS FOR A PLANNING APPLICATION.

APPLICATION SUMMARY
PLANNING APPLICATION: 23/01543/ADV
ADDRESS: Weston Mill Filling Station, Wolseley Road, Plymouth PL5 1BL
DESCRIPTION: Installation of 1x 48 sheet free-standing LED illuminated advertising display panel and comprising pressed metal frame and sealed LED screen

CASE OFFICER: Luke Valentine (Planning Officer)
Development Management, PCC Strategic Planning & Infrastructure, Floor 2 Ballard House PL1 3BJ

CONSULTEE: Gary Lester (Transport Officer)
PCC Strategic Planning & Infrastructure, Transport Planning Team, Floor 2 Ballard House PL1 3BJ

Date: 15th December 2023

COMMENTS:

1.0: The Local Highway Authority (LHA) is unable to support and would object to the proposed introduction and installation of 1 in number 48 sheet, free-standing LED illuminated advertising display panel (LED Screen), measuring 6.2 metres wide x 3.2 metres high, comprising of a sealed LED Screen within a pressed metal frame. To be newly introduced and installed at the Fuel Filling Station and Car Sales application site, located on Wolseley Road, St Budeaux.


2.0: Site Location
2.1: Wolseley Road (the A388) is a busy Classified arterial route within the city, and a bus route, with bus Stops a short distance to the west, close to the junction of Harbour Avenue. The application Fuel Filling Station with Car Sales site is situated in an area of mixed use, that is arguably predominantly made up of residential dwellings to the north, east, and west of the application site, many of which overlook the site. There are footways along both sides of Wolseley Road, with a Cycle Lane within the carriageway along the south side of the street. Where any drivers approaching the site from the west/northwest and turning into either, the application Petrol Filling Station and Car Sales site, or the adjacent Honda Car dealership site, would need to pay particular attention to and give priority to any passing cyclists, or pedestrians walking along the footway. With sustainable cyclist and pedestrians being afforded a higher priority in the order of movement, and also being more vulnerable road users.


3.0: Transport Infrastructure
3.1: The Planning Statement (PS) considers that: - the character of the area is largely influenced by the transport infrastructure (described above) including stating, high traffic volumes throughout the day, and the busy commercial nature of the locality with a mixed nature of the surrounding buildings... It also refers to 'national planning guidance', and the 'local characteristics of the neighbourhood', in suggesting that the application site is, in an area of mixed use and large open scale which would be a suitable site for a Large LED illuminated advertising display. However, the LHA would not support that subjective opinion regarding the character of the built-up area and its suitability to safely accommodate the proposed LED advertising screen.

3.2: The LHA considers that the application has failed to afford sufficiently consideration to public and highway safety, or to the impact on the public street amenity. Although the LED Screen would be outside the bounds of the street itself, it would form part of the wider streetscape, where its introduction and prominence in the street would contribute to further degrading what is arguably an already relatively unexceptional and poor streetscape. Where guidance for LHA's contained in paragraph 5.10 of the Department of Transport, 'Manual for Steets' (although aimed at areas of the street and public realm that are under the control of the LHA), seeks to minimise and reduce visually intrusive clutter in the Streetscape. A premise that is apparently supported by the following extracts from the National Planning Policy Framework (NPPF) paragraphs 130 & 136 : -

130. Planning policies and decisions should ensure that developments:
a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development
f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users'

136. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.


4.0: LED Screen Position and Potential Impact
4.1: The application details inform that the 6.2 metres wide x 3.2 metres high, 48 sheet, LED Screen, would not contain animated images but would change from one static image to another. Also, that: - 'No individual advertisement on the LED screen will contain moving images, animation, intermittent or full motion video images, or any images that resemble road signs or traffic signals - There shall be a smooth uninterrupted transition from one (static) image to another. Transitions shall be instantaneous, and no individual advertisement shall be displayed for a duration of less than 10 seconds'.

4.2: The proposed LED Screen would be positioned on the south/southeast boundary of the Filling Station and Car Sales site, facing on-coming vehicles on the opposite side of the road. Adjacent to the Honda car dealership next door (as pictured in the application details), and close to the entrance into the application site, and the entrance/exit that serves the neighbouring Honda Dealership.

4.3: For drivers approaching the site from the northwest along Wolsely Road, the LED Screen would be aimed at drivers approaching a sharp right-hand bend, the minor road junction of Carlton Terrace, the adjacent entrance/exit to the Honda Car Dealership (with one opposite the other) and the application site Garage Forecourt. Where vehicles would be making both left and right turns to all three. The changing images on the LED Screen hoarding is exactly the type of distraction that should be avoided, when drivers should be concentrating on driving safely. The accident statistics show there have been 2 minor injury collisions adjacent to the site in the last 5 years, with inappropriate speeds and driving without due care and attention as contributory factors. Where due to bend in the road and the close proximity of the three junctions, where left and right turns occur, in the interests of highway safety it is paramount that drivers pay due care and attention to the road, without unnecessary distractions from the proposed LED Screen.

4.4: Moreover, due to the large size of the LED Screen (6.2m x 3.2m) and its position, it would impair the existing limited forward and inter-visibility that is currently available across the two sites of the application Filling Station and Car Dealership, and the adjacent Honda Car Dealership. Which affords drivers approaching the site from the north/northwest along Wolsely Road visibility across the two sites. Providing some advanced warning of any vehicles moving around within the adjacent Honda car dealership site, that might be about to emerge and make a right turn onto Wolseley Road. This small degree of advanced warning of an emerging vehicle would be blocked with proposed LED Screen in place, resulting in further potential harmful impact on highway safety.

4.5: The PS under the heading 'Public Safety Assessment' informs, the principal concern is the impact of advertisements upon the safe use and operation of any form of traffic or transport. The main issue for consideration is whether the illuminated display or its location is likely to be distracting and capable of being a hazard to public safety.
When assessing the public safety implications, policy guidelines state that 'LPAs will assume that the primary purpose of an advertisement is to attract people's attention, (but will not automatically presume that an advertisement will distract the attention of passers-by, whether they are drivers, cyclists or pedestrians).'
Therefore, following careful consideration in this case the proposed LED Screen would in this location be considered as a definite distraction to drivers of approaching vehicles, and potentially hazardous to public and highway safety.


5.0: In Considering the Planning Application
5.1: The PS refers to the advice contained in planning guidance that each individual application is judged on its own merits (which of course is standard Council practice), whilst also referring to two (2) other planning applications for 48 sheet LED Screen advertisements that were refused by the Local Planning Authority (But to which the LHA raised no objections), and they were Allowed on appeal, namely: -
Application No 22/00411/ADV (Appeal allowed 08/03/23 ' Ref. No. 22/3302278) ' Consent for, 1 no. 48 sheet digital LED advertisement display at Lipson Vale, Railway Embankment, Plymouth PL4 7HY.
And
Application No 22/00368/ADV (Appeal allowed 26/01/23 ' Ref. No. 22/3301830) - Consent for, 1 no. 48 sheet digital LED advertisement display on Grassed Road Verge on South Side of Wolseley Road, Plymouth PL5 1RQ.

5.2: The LPA have dealt with numerous applications for LED advertising screens at various locations across the city, considering each on their own merits in providing a reasoned and balanced recommendation. Some of which the LHA supported, and others that were subject of an objection, dependant on the individual circumstances. With each planning application being considered on its own merits by both the LHA, and the LPA, then just as might be expected, this has resulted in mixed outcomes, including at appeal. But in response to the PS, the following examples are provided of applications for LED Screens that the LHA did object to, which were also refused by the LPA, and were subsequently dismissed at appeal: -
19/01467/ADV:196 Albert Road
22/01320/ADV:176 Union Street
2/01415/ADV: Smiths Wharf, Billacombe Road
22/01158/ADV: 226 Albert Road, LHA objected, although the appeal was dismissed the Inspectorate did not uphold the highway refusal reason.
22/00024/ADV ' LHA objected, application refused, but no appeal lodged to date


6.0: Highway safety and driver distraction
6.1: In regard to highway safety, along with the Councils Senior Traffic Engineer, who is responsible for accessing highway safety, it is noted that the Devon and Cornwall Police have also raised an objection to the introduction of the LED advertising Screen for public safety reason. Expressing concerns it would cause a distraction to drivers, with the very nature of its existence being to attract and draw in people's attention: In which regard the LHA again notes the advice that: - 'LPAs will assume that the primary purpose of an advertisement is to attract people's attention (but will not automatically presume that an advertisement will distract the attention of passers-by, whether they are drivers, cyclists or pedestrians).' In this case the LHA considers that the illuminated LED screen is clearly aimed at passers-by and would largely and in particular attract approaching vehicle drivers' attention given its orientation and location on the busy arterial classified road.

6.2: Therefore, although the accident statistics show there has only been two collision accidents there in the last five years. The proposed speculative introduction of an LED Screen with a 48-sheet poster display, displaying a new advert every 10 seconds or so, is likely to lead to increased driver distraction and detriment to public and highway safety in respect of approaching the existing hazards in the street, as described and considered in paragraphs 4.3 & 4.4 above. Giving rise to concerns over increasing the incidence of accidents, vehicle collisions and shunt type accidents when drivers are turning right, or cause conflict between a vehicle, and a cyclist or pedestrian.


7.0: SUMMARY:
7.1: The main issues associated with the proposed speculative introduction of an LED Screen is the effect on the amenity of the area and highway safety. The screen would attract driver attention when the image on the screen was still and each time it changed. Causing driver distraction and increasing cognitive demand on drivers, in addition to the level of attention currently required to contend with the potential hazards of the existing street layout and the pedestrian, cyclist, and vehicle movements, that occur at this particular vicinity in the street, as considered above.

The LHA considers on balance the introduction of the LED Screen is likely to prejudice public and highway safety for all users, giving rise to shunt type vehicle to vehicle accidents, and being so prominent in the streetscape would unnecessarily degrade the public street amenity.

It is therefore recommended that the application is refused, for being contrary to Policy DEV29 of the adopted Plymouth and South West Devon Joint Local Plan adopted March 2019, which includes seeking that development to contribute positively to the achievement of a high quality, effective and safe transport system.
Moreover, it would be contrary to the National Planning Policy Framework (2019) paragraphs 130 and 136, which similarly seek to control advertisements in the interests of amenity and public safety:


Gary Lester
Transport Planning Officer
Officer authorised to sign on behalf of the Service
Director for Strategic Planning & Infrastructure