Dropped kerb for vehicle access at 208 Gander Green Lane, Sutton SM1 2HG. Formation of a vehicular access on to a classified road

Appeal Decision Site visit made on 30 April 2018 by AJ Steen BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 14 May 2018 Appeal Ref: APP/P5870/D/18/3198116 208 Gander Green Lane, Sutton SM1 2HG  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.  The appeal is made by Daniel Cebenko against the decision of the Council of the London Borough of Sutton.  The application Ref B2017/78151/HHA, dated 11 October 2017, was refused by notice dated 22 December 2017.  The development proposed is dropped kerb for vehicle access at 208 Gander Green Lane, Sutton SM1 2HG. Formation of a vehicular access on to a classified road. Decision 1. The appeal is dismissed. Preliminary Matter 2. The Sutton Local Plan (LP) was adopted after the Council made its decision on the application. I have based my decision on that new Local Plan. Main Issues 3. The main issues are:  the effect of the proposed vehicle access on the character and appearance of the surrounding area; and  the effect of the proposed dropped kerb and vehicle access on highway safety. Reasons Character and appearance 4. Gander Green Lane is a residential road, although with some other uses interspersed between houses, and most buildings are located close to the road. 208 Gander Green Lane is located to the rear of a semi-circular green area comprising grass and a number of trees that provides an important piece of green infrastructure within this urban area. There is no vehicular access to the property from the road and the proposal would provide an access that curves through the centre of that green area between the road and the dwelling. Appeal Decision APP/P5870/D/18/3198116 2 5. The proposed access would remove a large proportion of this attractive green area. As such, the access would significantly alter the character and appearance of this area. 6. A similar area on Collingwood Road has access to the houses at the rear, but much of it has been covered with tarmac to provide that access such that it does not contribute toward green infrastructure. In addition, that road is wider, with a more spacious character and appearance than Gander Green Lane. As such, similar areas do not make as great a contribution to the street scene in Collingwood Road. 7. It has been suggested that the surfacing of the access could be a honeycomb cellular permeable surfacing system as an alternative to tarmac. I have limited details of this to demonstrate its appearance or how it would be maintained to ensure the green area is retained. On that basis, it would not overcome the harm to the character and appearance of the area from the proposed access. 8. For these reasons, I conclude that the proposed vehicle access would harm the character and appearance of the surrounding area. As such, it would be contrary to Policy 28 of the LP that seeks attractive new development that is designed to the highest standard and respects the local context and responds to local character. Highway safety 9. The proposed access would cross two paths around the green area before its junction with the highway. The Council suggest that the extent of the access means that there would be a substantial conflict between pedestrian and vehicle users of the public highway and that it would be above the length permitted in their Crossover Policy. However, I have not been provided with the Crossover Policy, nor the reasons for limiting the length of accesses within it. 10. Although the extent of the access is substantial, there are no features that would limit visibility and similar dropped kerbs and accesses are not unusual in this residential street. The layout has been designed such that vehicles would be able to turn in order to access and egress the property in a forward gear. As such there would be acceptable visibility for users of the access and other highway users, including pedestrians, would anticipate such an access. 11. For these reasons, I conclude that the proposed dropped kerb and vehicle access would not result in harm to the safety of pedestrian or vehicular users of the highway. As such, it would not conflict with Policies 36 and 37 of the LP that seek to provide appropriate levels of parking and to minimise any adverse impacts on the highway network. Other matters 12. The proposed access would provide a significant benefit to the occupiers of 208 Gander Green Lane in allowing them to park vehicles within their front garden and away from the busy road. I note that most other properties in the road have vehicular access to parking areas, but these cross the pavement rather than green areas. The proposed access would be away from neighbouring properties, such that it would not adversely affect the living conditions of occupiers of those dwellings. Appeal Decision APP/P5870/D/18/3198116 3 Conclusion 13. I have found that the proposal would not result in harm to highway safety and would be a significant benefit to the occupiers of this single dwelling. However, those factors would not be not sufficient to outweigh the substantial harmful effect the works would have on the character and appearance of the area. Given that results in conflict with development plan policies, I conclude that the proposal would be contrary to the development plan as a whole. As such, I conclude that the appeal should be dismissed. AJ Steen INSPECTOR