Two crossover / dropped kerbs 2700mm wide to access front forecourt for car parking
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Trees & Landscape
Parking Provision
Highways & Transport
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 October 2018
by R C Shrimplin MA(Cantab) DipArch RIBA FRTPI FCIArb MCIL
an Inspector appointed by the Secretary of State
Decision date: 7th November 2018
Appeal Reference: APP/T5150/D/18/3210089
103 Sudbury Court Drive, Harrow HA1 3SS
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 and Mrs K Kozic against the decision of Brent Council.
The application (reference 18/1802, dated 10 May 2018) was refused by notice dated
14 August 2018.
The development proposed is described in the application form as “two crossover /
dropped kerbs 2700mm wide to access front forecourt for car parking”.
Decision
1. The appeal is allowed and planning permission is granted for the installation of
twin vehicular accesses and associated landscaping, at 103 Sudbury Court
Drive, Harrow HA1 3SS, in accordance with the terms of the planning
application (reference 18/1802, dated 10 May 2018), subject to the following
conditions.
1) The development hereby permitted shall be begun before the expiration
of three years from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved drawings:
unnumbered Ordnance Survey Site Plan;
drawing number A104 (Existing Front Forecourt Plan);
drawing number A200 (Proposed Site & Roof Plan);
drawing number A220 (Proposed Front Forecourt Plan).
Preliminary point
2. Notwithstanding the description of the proposed development given in the
planning application form, the appeal proposals can adequately and succinctly
be described as the installation of twin vehicular accesses and associated
landscaping.
Main issues
3. The main issues to be determined in this appeal are, first, the effect of the
proposal on highway safety and convenience for pedestrians and, second, the
effect of the proposal on kerbside parking in the area.
Appeal Decision: APP/T5150/D/18/3210089
2
Reasons
4. Sudbury Court Drive is a wide dual carriageway (the A4127) carrying relatively
fast moving traffic. It runs through a suburban residential area in the vicinity
of the appeal site but the houses facing the main road are served by narrow
slip roads either side of the main dual carriageway, separated by grass verges.
5. Number 103 Sudbury Court Road, like other houses in the vicinity, is a
substantial detached house on a relatively generous plot. The house itself is
set back from the highway, behind its front garden.
6. An existing crossover allows a vehicle to park on the front of the plot and it is
now proposed that a second crossover should be installed, to provide access to
a second on-site parking space, while retaining some areas for landscaping of
the site.
7. Under the broad heading “Promoting sustainable transport”, Section 9 of the
recently revised ‘National Planning Policy Framework’ deals with a number of
transport related issues. It points out the need to prevent significant impacts
on highway safety and to ensure that “safe and suitable access to the site can
be achieved for all users” (paragraph 108). The ‘National Planning Policy
Framework’ also has the aim of “achieving well designed places” in the
broadest sense (notably at Section 12) and it points out the importance of
creating an attractive streetscape and maintaining the overall quality of the
area.
8. These objectives are underpinned by Policies in the Development Plan, notably
at Policies DMP12 and DMP1 of the ‘London Borough of Brent Local Plan
Development Management Policies’, which deal, respectively, with access
design and design matters more generally.
9. The Council’s ‘Supplementary Planning Guidance Number 3’ also deals with
“forming an access onto a road” and is also relevant, though it does not have
the same force as Policies in the Development Plan.
10. The width of the front garden is less than envisaged in the supplementary
planning guidance for a site where two accesses would usually be acceptable,
though by only a relatively small amount. In this case, however, access would
be provided to a very narrow slip road, with kerbside parking, where vehicle
speeds are very low. There is good visibility along the footpath and verge. In
the circumstances of this particular case, pedestrians using the footway along
the frontage of the slip road would neither be endangered nor even particularly
inconvenienced by the new crossover.
11. Moreover, although a kerbside parking space would be removed, to provide for
the new access, the overall pressure on parking would not be significantly
changed since a dwelling of the size of number 103 Sudbury Court Drive could
be expected to generate demand for additional parking provision in any case,
with an impact on the take up of on-street parking spaces.
12. In addition, it is acknowledged that the proposed new access would leave
adequate space for a suitable landscaping scheme to be carried out, as shown
on the submitted plans. Hence, the scheme would not have an adverse effect
on the appearance of the surroundings.
Appeal Decision: APP/T5150/D/18/3210089
3
13. In short, I am convinced that no material harm would be caused to pedestrian
safety by the proposed development and that the impact on kerbside parking
would not justify a refusal of planning permission. Hence, I have concluded
that the scheme before me can properly be allowed and, although I have
considered all the matters that have been raised in the representations, I have
found nothing to cause me to alter my decision.
14. I have, however, also considered the need for conditions and, in imposing
conditions, I have taken account of those suggested by the local planning
authority in the usual way (without prejudice to their main arguments in the
appeal). I have concluded that conditions are necessary, to define the planning
permission and to ensure that quality is maintained.
Roger C Shrimplin
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.