# Footpath outside The Heart Centre, Hepworth Way, Walton-on-Thames

- **Decision:** dismissed, 23 September 2026
- **Decided by:** Planning Inspector: Alice James
- **Authority:** Elmbridge (South East)
- **Appeal reference:** 6009738
- **Application reference:** 2025/3164
- **Procedure:** written-representations
- **Development:** BT Street Hub unit with integrated digital advertisement panels (linked advert appeal 6009551)
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S4, DP3, HC4
- **Development plan policies:** Elmbridge Core Strategy 2011 CS17, Elmbridge DM Plan 2015 DM2, DM15
- **Main issues:** character and appearance, visual amenity
- **Tags:** s4-within-settlement, s4-substantially-outweighed, telecoms, bt-street-hub, design-refusal, parties-consulted-on-2026-framework, tier-2

## Summary
A BT Street Hub and its advert panels outside Walton Library were dismissed (with the linked advertisement appeal 6009551). HC4 public-service benefits were given substantial weight. But the unit would clutter an open forecourt that frames the library, and an existing hub nearby already provides most of the functions. Under S4 the benefits were "substantially outweighed" (DL ¶25).

## What made the difference
A duplicate facility close by cut the real benefit, and the site's open gateway character was sensitive. The letter paraphrases DP3 as requiring "substantial weight … to compliance with relevant development plan policies when assessing the design quality" (DL ¶24).

## Policy findings
- **HC4: benefit (substantial weight).** Wi-Fi, helplines, charging, possible 4G/5G - substantial weight (DL 22-23)
- **DP3: conflict.** bulky illuminated unit harms open forecourt and setting of Walton Library; existing hub nearby already provides many functions (DL 8-14, 24)
- **S4: fail.** substantially outweighed (DL 25)

## Key facts
- Existing hub allowed on appeal (APP/K3605/W/24/3351207) very close by
- Offer to remove a nearby BT kiosk not secured by any mechanism

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009738
- https://appeal-planning-decision.service.gov.uk/published-document/4bf52b33-0e41-4530-94f5-f1675ada8ea8

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009738.html

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