Layout parking to front and install vehicle crossover onto Chalkwell Park Drive
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Character & Appearance
Parking Provision
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 3 December 2019 by Emma Worby BSc (Hons)
Decision by Andrew Owen BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 13 January 2020
Appeal Ref: APP/D1590/D/19/3237358
65 Chalkwell Park Drive, Leigh-On-Sea SS9 1NH
• 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 Sandra Ricks against the decision of Southend-on-Sea
Borough Council.
• The application Ref 19/00797/FUL, dated 29 April 2019, was refused by notice dated 25
June 2019.
• The development proposed is layout parking to front and install vehicle crossover onto
Chalkwell Park Drive.
Decision
1. The appeal is allowed and planning permission is granted for layout parking to
the front and install vehicle crossover onto Chalkwell Park Drive at 65 Chalkwell
Park Drive, Leigh-On-Sea, SS9 1NH in accordance with the terms of the
application, Ref 19/00797/FUL, dated 29 April 2019, subject to the following
conditions:
1) The development hereby permitted shall begin not later than 3 years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans: 1284 01 Rev A and 1284 02 Rev A.
Appeal Procedure
2. The site visit was undertaken by an Appeals Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Procedural Matter
3. I have taken the description of the proposed development from the appeal
form and the decision notice, rather than the application form as it is a more
accurate description of the development proposed, as shown on the plans
submitted.
Main Issue
4. The main issue in the appeal is the effect of the development on the character
and appearance of the appeal site and the surrounding area.
Appeal Decision APP/D1590/D/19/3237358
2
Reasons for the Recommendation
5. The appeal site is occupied by a two-storey terraced dwelling with a small
amenity space to the front of the property. This front garden is currently
covered by shingle and a concrete pathway with a brick wall and metal gate on
the front boundary. The proposal would remove the brick wall and gate,
provide a paved parking area to the front of the dwelling and a vehicle
crossover onto the main road. The proposal would also result in the loss of a
street tree to the front of the property which is located on the footway.
6. It was noted during the site visit that there are a number of existing driveways
on Chalkwell Park Drive which cover the entire front garden and so form part of
the character and appearance of the area. Therefore, it is not considered that
the driveway would appear out of keeping within its surroundings or
incongruously excessive in nature. Although the proposed development would
result in the loss of the boundary wall to the front of the property and the small
street tree, it is not considered that these features currently make a significant
contribution to the streetscene. Indeed, the tree is considerably smaller than
the other street trees in Chalkwell Park Drive. Therefore their loss would not
have a substantial detrimental impact on the character and appearance of the
locality. The Council have highlighted that the proposal does not include any
soft landscaping to break up the proposed works. However it is considered that
the existing hedge on the boundary of the site, which is to be retained, is
sufficient landscaping for the appeal site which is located within a relatively
built up residential area.
7. I note that the development does not strictly accord with the guidelines set out
within the Design and Townscape Guide (2009), which is referred to in the
Council’s reason for refusal, as the proposal would result in the loss of a street
tree. Nevertheless, whilst useful, this guidance is just that, and the particular
circumstances of this case, including the limited size and contribution the tree
makes to the street scene, outweigh the guidance within this document.
8. For the reason above, I do not consider that the development would harm the
character and appearance of the site and the area. As such I find no conflict
with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and
DM3 of the Development Management Document (2015) which collectively aim
to encourage good quality design which respects the character and scale of the
existing neighbourhood.
Other Considerations
9. The Parish Council have expressed concerns regarding the additional stress on
on-street parking and the risk of flooding due to the lack of a soakaway area.
However, as the proposal would provide an off-street parking space for one
vehicle for the loss of one on-street parking space due to the provision of the
crossover, there would be no change to the parking provision in the area. Also,
the plans show that the proposed development would use permeable paving to
minimise run-off.
Conditions
10. In addition to the standard time period for commencement of the development,
I have attached a condition requiring the development to accord with the
approved plans, as this provides certainty.
Appeal Decision APP/D1590/D/19/3237358
3
Conclusions and Recommendation
11. For the reasons given above and having regard to all other matters raised, I
recommend that the appeal is allowed.
Emma Worby
APPEALS PLANNING OFFICER
Inspector’s Decision
12. I have considered all the submitted evidence and the Appeals Planning Officer’s
report and on that basis the appeal is allowed.
Andrew Owen
INSPECTOR
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