Appeal decision

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    Appeals allowed and approvals granted for change of use from offices to residential in Brentford

Appeals allowed and approvals granted for change of use from offices to residential in Brentford

These cases both concerned applications for change of use under the provisions of Schedule 2, Part 3, Class O of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) to enable the residential conversion of four office buildings at New Horizons Court on the A4, Great West Road in Brentford.
Despite the submission of Transport Statements in support of the applications prepared by Transport Planning Associates, the London Borough of Hounslow had determined that prior approval of the Council was required “and refused due to the transport and highways impact of the change of use of the buildings”.
The Inspector determined that the main issue for both appeals was “the effect on transport and highways” and there remained a fundamental difference of opinion and approach between our director Rupert Lyons’ evidence to the Hearing, and that of the Council and Transport for London.
In acknowledging those differences of approach, the Inspector determined that on the Council’s own evidence the proposals would not result in a significant increase in vehicle movements on the road network and she found that:

“at worst there would be no significant change in the number of car borne trips to and from the site, and nothing therefore to add cumulatively to the traffic that may be added to local roads by other consented but as yet unimplemented schemes.  Indeed there is stronger evidence to indicate that the proposed developments would lead to a reduction in the number of car borne trips.”
On the basis of that and other evidence relating to the accessibility of the site, the Inspector concluded that “the proposals would have no significant adverse transport or highways impacts”.  Further, she found “no conflict with paragraph 32 of the National Planning Policy Framework” […]

Appeal Allowed at Crow Meadow, Kingswood

TPA has assisted Chalmington Ltd in the successful appeal against the refusal to grant planning permission for a development of 2no. Semi-detached houses on Crow Meadow, Kingswood, Gloucestershire.

Image provided by Lewis Foster Lewis Architects
Following extensive discussions with TPA, the local highway authority raised no objection to the proposals on the basis that traffic speeds were low and suitable visibility splays were provided, and that the level of additional trips as a result of the proposals would be low in real terms. However, Stroud District Council refused the application in April 2016, with the sole reason for refusal relating to highway safety and additional conflict between vehicles and pedestrians along the narrow cul-de-sac.
An appeal was lodged against the decision with TPA providing a written representation. The Inspector ultimately agreed with the highway authority that “the manoeuvring space, visibility splays and level of traffic generated means that the proposal would not have a severe effect and would not be detrimental to road safety.” The Inspector also noted that “Much of the existing road network has developed incrementally over time and would not necessarily conform to modern highway standards but that does not of itself preclude safe use by some additional traffic, provided the development is suitably designed.”

Appeal allowed at Sandford, North Somerset

TPA has assisted Strongvox Homes in successfully appealing against the non-determination of an outline planning application for the erection of 118 dwellings at land to the north of the A368 in Sandford, North Somerset.   All matters were reserved except access.

The appeal was heard by the way of a Public Inquiry in August 2016 and highways evidence was given by Anthony Jones.  The Planning Inspector agreed that the scheme provided the realistic opportunity for sustainable transport modes to be taken up in the context of its location. It was also agreed that a safe and appropriate access could be provided and that the forecast traffic impact would not be significant.

A link to the decision notice is included below:  (Appeal Ref: APP/D0121/W/15/3139633)

https://www.gov.uk/appeal-planning-inspectorate

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    Planning permission granted following intervention of the Secretary of State at Haddenham, Buckinghamshire

Planning permission granted following intervention of the Secretary of State at Haddenham, Buckinghamshire

Following a public Inquiry in November 2015, the Secretary of State agrees with Inspectors recommendation to grant outline planning permission for the construction of 280 dwellings at land to the north of Aston Road, Haddenham, Buckinghamshire, after giving no weight to the housing policies in the Haddenham Neighbourhood Plan.  The housing policies in the Neighbourhood Plan were quashed by the High Court in March 2016.

The planning application was originally approved at committee in January 2015 but was subsequently called in by the Secretary of State for referral and to assess the consistency of the proposals with the National Planning Policy Framework, the Aylesbury District Council development plan, the Haddenham Parish Council Neighbourhood Plan and any other matters the Inspector considered relevant.

 

Led by Anthony Jones, TPA prepared evidence and submissions in respect of transport planning matters at the Inquiry and the Secretary of State agreed that the addition of 280 houses would not unacceptably increase congestion or highway safety risks on the local highway network; that the proposed off-site pedestrian improvement works on Aston Road would not adversely impact on the qualities of the conservation area and that the proposed improvements to local bus services and the Thame to Haddenham cycleway link also weigh significantly in favour of the scheme.

By a Decision Letter dated 2nd June 2016 outline planning permission was granted.

Link to Decision:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/527095/16-06-02_DL_IR_Haddenham_Aylesbury_3014403.pdf

Recovered Appeal allowed at Little Maltby Farm, Ingleby Barwick

TPA has assisted Satnam Planning Services in obtaining planning permission for up to 550 homes at Little Maltby Farm, Low Lane, Ingleby Barwick. The development is adjacent to a consented scheme which TPA also assisted Satnam with for a free school and 350 residential dwellings.

TPA prepared a Transport Assessment to support the planning application, which was submitted in December 2013.  Stockton-on-Tees Borough Council refused the planning application in February 2014. An appeal was lodged against the decision and a Public Inquiry held in July 2014, during which Craig Rawlinson gave highways evidence.

The Inspector recommended that the Appeal should be allowed, although the Appeal was refused by the Secretary of State in January 2015.  That decision was later subject of an application to the High Court and was subsequently quashed by order of the Court in July 2015.

In May 2016, the appeal was re-determined by the Secretary of State, whereby the Appeal was allowed and planning permission granted.

Link to Appeal decision: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525526/16-05-24_DL_IR_Ingleby_Manor_Stockton.pdf

Appeal allowed and planning permission granted for extension of existing dental surgery in Chiswell Green, St Albans.

TPA has assisted DLA Town Planning in obtaining permission for the extension of an existing surgery in Chiswell Green. The extension would add a further consulting room and include additional support facilities, however includes no increase in on site parking provision.

Overruling St Albans District Council’s refusal to grant planning permission, based on sustainable development, highway safety and operation grounds, the inspector stated “I am satisfied that, on the basis of the available evidence, the proposal would maintain sufficient parking within the appeal site”

The inspector also agreed with TPA that it is not the responsibility of the appellant to address any historic shortfall in parking provision in relation to local plan standards. He therefore dismissed the objections by the Parish Council, based on overspill parking, as neither quantified nor substantively evidenced.

Link to Appeal decision: https://acp.planningportal.gov.uk/ViewCase.aspx?caseid=3142733