Vehicle crossover
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Highways & Transport
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 January 2022
by Tim Wood BA(Hons) BTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 08 FEBRUARY 2022
Appeal Ref: APP/C5690/D/21/3283096
90 Baring Road, Lee, London SE12 0PT
• 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 Mr S Atilan against the decision of the Council of the London
Borough of Lewisham.
• The application Ref DC/21/120967, dated 4 May 2021, was refused by notice dated 30
June 2021.
• The development proposed is a vehicle crossover.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue in this appeal is the effects of the proposal on the safety of
pedestrians and drivers on the adjacent highway.
Reasons
3. The appeal relates to this end of terrace, 2 storey property which is located on
the south west side of Baring Road (A2212). The surrounding area is
predominantly residential in nature and the appeal site sits within a short
distance of the junction of Baring Road with Bramdean Crescent. The appeal
property has vehicle access to its rear from Bramdean Crescent and has a large
garage within its rear garden here.
4. Baring Road is a moderately busy road and a bus route. The footway appears
to have been constructed so that cars can be parked clear of the carriageway
and I saw numerous vehicles parked in this manner along Baring Road.
Immediately outside the appeal site a pedestrian crossing point has been
formed by providing tactile paving and a dropped kerb and a central refuge
within the carriageway. The proposed vehicle crossing to the appeal site would
be set immediately to the side of this. Policy 14 of the Council’s Core Strategy
states that the access and safety of pedestrians and cyclists will be promoted
and prioritised.
5. The existing front garden would be hard surfaced to provide a single parking
space with a path and some small areas of landscaping. The site is not large
enough for a vehicle to turn within it and so use of the proposed parking space
would mean reversing into or out of the appeal site. The presence of the
central pedestrian refuge within the road would impose some restrictions on
Appeal Decision APP/C5690/D/21/3283096
2
cars entering and leaving the site, depending on their direction of approach or
exit, and whether they reversed in or out. I consider that it would be likely to
hinder car manoeuvring into/out of the site and make such a manoeuvre
difficult and could involve a multi-staged manoeuvre. The presence of parked
cars within the pavement area and the hedge on the adjacent property would
hinder visibility and, in my judgement would make such manoeuvres unsafe for
pedestrians and road users, including occupiers of the appeal site. The
appellant has provided no swept-path or similar analysis which would
contradict my view.
6. I have taken account of the other crossovers present along the road and the
appeal decision relating to No 25 Baring Road (APP/C5690/D/19/3240267). I
have not been provided with the circumstances of these other examples. In
relation to No 25, the physical position of the crossover is obviously different
and although there is a similar pedestrian crossing facility nearby, it is not so
close as that one outside to the appeal site. Additionally, parking is not
present on the pavement area at No 25 and so visibility may not be hindered in
the same way as at the appeal site. Furthermore, I could see no possibility of
parking within the rear of No 25 and the availability of such is not referred to in
any of the submitted documents, whereas, as referred to above, the appeal
site has vehicle access to the rear and a garage.
Conclusion
7. For the reasons stated above, the proposal would pose an unacceptable risk to
pedestrians and drivers on the adjacent highway, in conflict with Policy 14 of
the Core Strategy. I have found no matters which are capable of outweighing
that conflict and so the appeal is dismissed.
T Wood
INSPECTOR
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