Formation of a vehicular access and formation of hard standing to the front of the property including alterations to existing front boundary wall
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Heritage & Conservation
Highways & Transport
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 25 October 2024
by Nicola Davies BA DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 04 November 2024
Appeal Ref: APP/D5120/D/24/3345469
37 Erith Road, Belvedere, Bexley DA17 6HF
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as
amended) against a refusal to grant planning permission.
• The appeal is made by Mr A Altuntop against the decision of the London Borough of
Bexley.
• The application Ref is 24/00463/FUL.
• The development proposed is formation of a vehicular access and formation of hard
standing to the front of the property including alterations to existing front boundary
wall.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. I have taken the description of proposed development from the Council’s
decision notice as this clearly and succinctly describes the act of development.
Main Issues
3. The main issues raised by this appeal are the effect of the proposed
development on: -
a) The character and appearance of the existing dwelling and surrounding
area and whether it would preserve or enhance the character or
appearance of the Erith Conservation Area (the CA); and
b) Highway safety.
Reasons
Character and appearance
4. The Erith CA Appraisal and Management Plan identifies that the former
Technical Institute building forms a local landmark at the corner of Upper
Holley Hill Road with the dwellings forming part of the composition of the
setting of the CA. The Plan notes that all the buildings are complemented by
open front garden areas which contribute to the special character of the area.
This contributes to the architectural and historic value and characteristics of the
locality and that this makes the area special and worthy of CA status. This
provides this small CA distinctiveness to both the character and appearance of
Appeal Decision APP/D5120/D/24/3345469
2
the area and, as such, gives this area architectural significance. The appeal
property falls within the CA and, therefore, forms part of its significance.
5. There are properties within the CA that host frontage parking areas accessed
via dropped kerb crossovers. However, those are further along the street. The
dwellings at the western part of the CA retain their front boundaries and
vegetated front gardens. The properties have a distinctive architectural style
with the front gardens providing a pleasing visual appearance to these
properties. Removing a large part of the front wall, creating a hard surface
within the garden area with parked vehicles upon it would be harmful to both
the open character and verdant appearance of the properties and the locality
and would harm the setting of the CA. The proposal would, therefore,
undermine the purposes of the CA designation even if the existing path and
some vegetation would be retained.
6. Given the size and scale of the proposal in the CA, I consider there would be
less than substantial harm to the character or appearance of the CA. In
accordance with paragraph 208 of the National Planning Policy Framework
2023 (the Framework), I must weigh the harm against the public benefits of
the proposal. The proposal would provide parking within the property
boundaries but this would be limited to providing a personal benefit for the
appellant. There would be no clear benefit to the public that would sufficiently
outweigh the harm identified. I conclude therefore that the proposed
development would fail to accord with national policy.
7. For these reasons, I conclude that the proposed development would be harmful
to the character and appearance of the existing dwelling and surrounding area
and would not preserve or enhance the character or appearance of the Erith
CA. The proposal would, therefore conflict with Policies SP5 and DP11 of the
Bexley Local Plan 2023, Erith Road CA Appraisal and Management Plan 2008
and the provisions of the Framework. These policies and Management Plan
seek, amongst other matters, to secure high-quality design and for the
character or appearance of CAs to be preserved or enhanced.
Highway safety
8. Erith Road is a classified road and is designated a London Distributor Road
within the Council’s Road hierarchy. There is a marked parking bay along the
road frontage.
9. The plan that supports the proposal does not illustrate that vehicles would be
able to turn within the frontage parking area. Whilst it is suggested that there
would be no street parking on Erith Road directly outside the property the
details that support the proposal do not clearly indicate that this would be the
case or that there would be any alterations to the marked bay.
10. Erith Road is a busy arterial road. The proposal would require vehicles to
either reverse across the pedestrian footpath over the parking bay onto the
highway or stop on the carriageway to undertake this manoeuvre in reverse.
The low level of boundary frontages would allow for oncoming pedestrians to
be seen when accessing and egressing the parking area. Notwithstanding this,
parked vehicles within the marked bay would restrict visibility rendering
reversing manoeuvres hazardous, particularly when leaving the site. As such,
there would be an increased risk of accidents and an increased danger to road
Appeal Decision APP/D5120/D/24/3345469
3
users even with the 30mph speed limit that is in place and the nature of vehicle
movements being slow and low in number.
11. I acknowledge that other properties along the street host frotage parking with
crossovers onto Erith Road. It is unclear whether any of those existing
crossovers have the benefit of planning permission. Nonetheless, I have found
that the proposed circumstances relating to this proposal would give rise to
highway safety concerns. Those other examples do not justify further such
development where harm would result.
12. For these reasons, I conclude that the proposed development would be harmful
to highway safety. The proposal would, therefore conflict with Policy DP24 of
the Bexley Local Plan 2023 and its associated Design and Development Control
Guildeline 5. That policy and guideline seek, amongst other matters, to
prevent development that would have a negative effect on highway safety and
that require a turning area of approved standard to be provided within the
property.
Conclusion
13. Having regard to the above findings, the appeal should be dismissed.
Nicola Davies
INSPECTOR
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