1)
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Details of the brightness of the illumination have not been provided. The maximum brightness should be 350 candelas per sq m in darkness and at no time should the advertisement exceed the brightness of the adjoining traffic signals. If the proposals were otherwise acceptable, then they would be conditioned so that this level of brightness would not be exceeded.
2)
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The changes to the wall would constitute 'development' as defined by the Town and Country Planning Act 1990 (as amended) and would therefore require planning permission, in addition to advertisement consent.
3)
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Although the wall and advertisements are not listed, they do partly adjoin the listed building (Earl's Court Underground Station). If any further applications are made, then the relationship of the proposals to the listed structure must be set out in detail, to ensure that it can be definitively established if listed building consent would also be required, and also to assess any impact on the fabric of the listed building.
4)
Refused despite pre-app advice
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website, and offers a pre-application advice service.
Pre-application advice was sought and provided. Unfortunately, this advice was not adhered to. Nevertheless, the Council is ready to enter into discussions with the applicants through the advice service to assist in the preparation of a new planning application.
5)
Policies of Particular Relevance
You are advised that this application was determined by the Local Planning authority with regard to Development Plan policies including relevant policies contained within the London Plan Spatial Development Strategy for Greater London adopted July 2011; the Core Strategy adopted 8 December 2010 and the 'Saved' policies of the Unitary Development Plan adopted 25 May 2002.