2.4m crossover to allow off-street parking on front driveway. Required to allow the use of a fully electric vehicle
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Highways & Transport
Parking Provision
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 14 February 2023
by A James BSc (Hons) MA MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 1st March 2023
Appeal Ref: APP/Q5300/D/22/3292536
402 Bury Street West, Edmonton N9 9JU
• 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 Guy Miller against the decision of the Council of the London
Borough of Enfield.
• The application Ref 21/04492/HOU, dated 1 December 2021, was refused by notice
dated 2 February 2022.
• The development proposed is described as ‘2.4m crossover to allow off-street parking
on front driveway. Required to allow the use of a fully electric vehicle.’
Decision
1. The appeal is dismissed.
Preliminary Matters
2. I have used the description given on the original application form.
Main Issue
3. The main issue is the effect of the proposed development on highway safety.
Reasons
4. The area is predominantly residential in character, containing terraced, semi-
detached and detached dwellings. Properties have a mix of front garden
treatments, with a variety of landscaped and paved frontages. The appeal
property is a semi-detached dwelling, which is set back from the highway
behind a paved frontage. Vehicular access is available to the rear of the site via
a private track.
5. Bury Street West is a busy classified road, with a 30mph speed limit. The road
is relatively straight in the vicinity of the appeal property and on-street parking
to the front of the property is unrestricted.
6. There is not enough information before me to confirm whether vehicles would
be able to manoeuvre within the site and exit in a forward gear. In any event,
should 2 cars be parked side by side then this would prevent vehicles from
turning on site and vehicles would have to reverse onto the highway. Even
taking into consideration the relatively straight road, visibility for vehicles
reversing out of the appeal site would be obscured by on-street parking.
7. Although vehicles could reverse into the site, this cannot be guaranteed. It
would also require manoeuvring within the road, which would interrupt the free
Appeal Decision APP/Q5300/D/22/3292536
2
flow of traffic. Given the busy road conditions this would increase the risk of
accidents. Regardless of whether vehicles exit the site in a forward or reverse
gear and having regard to speed restrictions, visibility would be obstructed by
vehicles parked on the highway, which would lead to conditions which would be
prejudicial to highway safety.
8. Whilst the width of the site and lack of front boundary treatment, means that
vehicles exiting the site would have a clear view of the pavement. Vehicles
entering the site from the highway, whether in reverse or forward gear, would
have visibility of the pavement and pedestrians obscured by on-street parking.
Consequently, the proposed development would cause an additional hazard to
pedestrians.
9. Although parallel parking on the roadside may disrupt traffic flows, this is a
very different manoeuvre and would not require vehicles to traverse the
pavement. Parallel parked vehicles would also have greater visibility of traffic
on the highway. I do not consider that the proposal would lessen the intensity
of vehicular movements compared with on-street parking or reduce
interruptions to the highway network.
10. I agree with both parties that there would be no conflict with parts a, b and h
of Policy DMD 46 of Improving Enfield Development Management Document
2014 (DMD). In respect to part g, there is limited evidence before me to
demonstrate why the rear access could not facilitate electric vehicle charging
and provide a safer alternative. However, the submission of such evidence
would not alter my decision. It is acknowledged that the proposal would enable
the appellant to conveniently charge an electric vehicle on their driveway. Such
technology is supported by local and national planning policies. Nevertheless, I
do not consider that this benefit outweighs the harm that I have identified.
11. Although the proposal would result in the loss of an existing on-street parking
space, this would be replaced by parking to the front of the dwelling, which
would mitigate this loss.
12. Limited information has been submitted on the extent that the road is used by
bus services. Regardless of whether the road is a bus route or not, my findings
regarding highway safety still stand.
13. Whilst I noted on my site visit that there are properties near the appeal site
that have off-road parking to the front, there is limited information before me
on the status of these driveways. However, some of these properties have
wider plots, where there is more room to manoeuvre on site. The continuous
presence of vehicular crossovers also restricts on-street parking and visibility is
therefore better in these examples. Nevertheless, the presence of existing
driveways does not justify the harm that I have identified to highway safety.
14. Overall, I conclude that the proposed development would be harmful to
highway and pedestrian safety. The proposal would be contrary to Core Policies
24 and 30 of The Enfield Plan Core Strategy 2010-2025 adopted in 2010 and
Policy DMD 46 of the DMD, which requires that developments do not have an
adverse impact on road safety. Furthermore, it would be contrary to the
Council’s Revised Technical Standards for Footway Crossovers (excluding
Heavy Duty Crossovers) dated 2013, which seeks to minimise any adverse
impact on road safety and congestion.
Appeal Decision APP/Q5300/D/22/3292536
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15. In addition, the proposed development would fail to comply with the National
Planning Policy Framework 2021, which seeks to resist development where
there would be an unacceptable impact on highway safety.
Other Matters
16. I note the letter of support from a third party. However, there is no evidence of
a notable concern regarding passing on the road at present. In any event, the
removal of one on-street parking space would have limited impact in an area
where on-street parking is prevalent.
Conclusion
17. For the reasons given above, having regard to the development plan as a
whole and all other relevant material considerations, I conclude that the appeal
should be dismissed.
A James
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