# 36-40 Clayton Street, Newcastle upon Tyne (scaffold shroud advert)

- **Decision:** allowed, 7 September 2026
- **Decided by:** Planning Inspector: A Hartley
- **Authority:** Newcastle upon Tyne (North East)
- **Appeal reference:** 6011428
- **Application reference:** 2024/1319/01/ADV
- **Procedure:** written-representations
- **Development:** Temporary scaffold-mounted 1:1 montage shroud with central advertising banner on a Grade II listed terrace (retrospective)
- **Site context:** conservation-area, listed-building-setting, inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** HE6
- **Development plan policies:** Newcastle and Gateshead Core Strategy and Urban Core Plan 2015 DM22
- **Main issues:** amenity
- **Tags:** advertisement, amenity-only-regulations, he6-not-applied-to-adverts, scaffold-shroud, listed-building, transitional-no-consultation, retrospective

## Summary
A temporary scaffold shroud advert on a Grade II listed Regency terrace in central Newcastle was allowed for 12 months. The inspector expressly did not apply HE6(4)-(6) or s66 to advertisement consent. Heritage was dealt with only as part of amenity, assessed against the scaffolded building as the baseline.

## Issues and findings
- **Framework and plan.** Under the Regulations, "although I have taken the development plan into account and the National Planning Policy Framework … they have not been decisive" (DL ¶4). "for the avoidance of doubt, I have not applied Policy HE6 (4)-(6) of the Framework as these are not relevant in the context of the Regulations" (DL ¶5).
- **Transition.** "While the referencing has changed, the substance of the Framework in relation to the issues in this appeal are not affected" (the second paragraph numbered 2 in the letter).
- **Baseline.** Case law supports "the baseline for assessing the impact of an advertisement on a listed building to be not the unfettered façade of the building, but the existing condition and scaffold shroud" (DL ¶6).
- **Amenity: no harm.** "Due to the temporary nature of the advertisement, I am satisfied that it does not cause harm to the Grade II listed building … nor does it cause irreversible change to the townscape" (DL ¶12).

## Planning balance
None. The decision was on amenity and public safety only.

## What made the difference
The ongoing, evidenced need for repair scaffolding, and a 1:1 image of the facade on the shroud. Without active works, Historic England's view that the advert would harm the terrace would have prevailed (DL ¶11).

## Transferable points
- HE6(4)-(6) and the s66 duty are not applied to advertisement consent. Heritage enters only through "amenity" (DL ¶5).
- For shroud adverts, the baseline is the scaffolded building (Southwark v SSHCLG & Blow Up Media [2025] EWHC 1556) (DL ¶6).

## Policy findings
- **HE6(4): not-engaged.** HE6(4)-(6) "not relevant in the context of the Regulations"; s66 LBCA duty also not applied to advert consent; listed status considered within amenity (DL 5, preliminary para 1)
- **HE9: pass.** temporary shroud during necessary repairs preserves CA and listed terrace significance; baseline is the scaffolded building, not the clean facade (DL 6, 11-13)

## Key facts
- Shroud already displayed beyond a previous 12-month temporary consent; repairs complex (structural report)
- Southwark LBC v SSHCLG & Blow Up Media [2025] EWHC 1556 relied on for the scaffold baseline (DL 6)
- Consent limited to 12 months or scaffold removal, per DM22 (DL 10)
- No consultation on new Framework - referencing has changed, the substance not affected (preliminary para 2)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6011428
- https://appeal-planning-decision.service.gov.uk/published-document/bc80be5e-7a3e-46fc-923b-2a733786cc04

---

Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6011428.html

A summary of a public planning decision, written from the decision letter. Not legal advice. © Planning Distilled. Released under the Creative Commons Attribution 4.0 licence (https://creativecommons.org/licenses/by/4.0/): share and adapt freely, with credit to Planning Distilled. Quotations from decision letters, plans and the Framework remain the copyright of their publishers.