Dropped kerb and driveway

📊

See the success rate & inspector analytics

Free to view — just create an account, no payment needed.

Sign Up Free

Technical Issues Heatmap

Character & Appearance
Green Belt Policy

Inspector’s Reasoning

Appeal Decision Site visit made on 16 May 2019 by G Jenkinson BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 31st July 2019 Appeal Ref: APP/V2825/D/19/3225361 115 Booth Lane South, Northampton, Northamptonshire, NN3 3EY • 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 Mrs Anna Morley against the decision of Northampton Borough Council. • The application Ref N/2018/1500, dated 29 October 2018, was refused by notice dated 25 February 2019. • The development proposed is a dropped kerb and driveway. Decision 1. The appeal is dismissed. Procedural Matters 2. The description of development in the banner heading above has been taken from the Council’s decision notice. During the course of the application the description as per the application form was altered to be more concise. The Council made its decision on this basis and so have I. Main Issue 3. The main issue is the effect of the proposal upon the character and appearance of the area. Reasons The character and appearance of the area. 4. The appeal site comprises a detached dwelling with front and rear curtilage. There is a low brick wall at the front boundary of the property with a pedestrian access to one side and a wide grass verge and pedestrian footpath running along the front of the boundary wall. The area is predominantly residential and the site is opposite Weston Favell Academy. None of the properties along this part of Booth Lane are access directly off the classified road. There is on street parking along Booth Lane South, immediately outside of the appeal site and the neighbouring dwellings. The site has vehicular access via a driveway at the rear of the property accessed off The Headlands. 5. The proposed development is the installation of a dropped kerb and a driveway for parking to the front of the dwelling. 6. It was evident from my site visit that a significant characteristic of the surrounding area is the wide grass verge by the side of the road, which creates a sense of openness and contributes significantly to the visual amenity of the Appeal Decision APP/V2825/D/19/3225361 2 location. This character would be harmfully eroded if the development were to proceed and the diminished quality of the area would then make it harder for the Council to resist similar proposals likely to result in further harm. 7. The appellant considers that that the proposal would improve the traffic situation along Booth Lane South, by freeing up on street parking spaces. Be that as it may it would not likely result in any significant improvement overall, and the limited benefit it might offer would not outweigh the harm I have described. 8. I therefore conclude that for the reasons set out above the scheme would have an adverse visual impact which would be harmful to the character and appearance of the area The proposal therefore fails to comply with the requirements of Policy S10 of the West Northamptonshire Joint Core Strategy and the advice at paragraph 127 of the National Planning Policy Framework (2019). Other Matters 9. I acknowledge the appellant’s personal circumstances and concerns regarding the use of the rear access, in terms of safety. However, taken together they do not outweigh the harm I have previously identified to the character and appearance of the area given that occupiers of properties generally change over time, whereas the proposed development and the resulting harm would be permanent. 10. I am aware of the other properties in the road that have vehicular access from the main road and some that have dual access. However, I am unaware of the circumstances that have led to these accesses being approved and furthermore, each case must be determined on its own merit. Nonetheless, in this stretch of the road there are no dropped kerbs of vehicular accesses and the introduction of one at this location would appear entirely at odds with the environs. Conclusion 11. For the reasons given above, I conclude that the appeal should be dismissed. Gemma Jenkinson 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.

Get Free Review How it works →