Alterations to the front boundary treatment including new railings and gates and provision of new vehicular access
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Highways & Transport
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Inspector’s Reasoning
Appeal Decision
Site visit made on 20 August 2025 by S Jamieson BA (Hons) MPlan
Decision by M Russell BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14 November 2025
Appeal Ref: APP/X5990/D/25/3368513
27 Grove End Road, London NW8 9BS
• 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 and Mrs J Kluk against the decision of City of Westminster Council.
• The application Ref is 25/02963/FULL.
• The development proposed is alterations to the front boundary treatment including new railings and
gates and provision of new vehicular access.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matter
3. The reason for refusal on the Council’s decision specifically relates to the new
vehicular access. I have defined the main issue on that basis.
Main Issue
4. The main issue is the effect of the proposed new vehicular access on highway
safety, with particular regard to pedestrians.
Reasons for the Recommendation
5. The appeal relates to a two-storey, detached dwelling. The property benefits from a
generous front garden and driveway and is currently accessed via a pedestrian
gate and separate vehicle entrance from Grove End Road. It is common ground
between the main parties that the site is in a highly accessible location, being just a
short walk from St John’s Wood and Maida Vale tube stations and well-served by
local buses. The appeal property is also close to a range of services, facilities and
local landmarks, including a zebra crossing on Abbey Road, made famous by The
Beatles album cover, which is located approximately 80 metres from the site.
6. This part of Grove End Road is therefore subject to frequent and varied pedestrian
activity. Indeed, during my site visit, I observed a steady flow of passersby using
the footway outside the appeal site. Whilst I accept this represents a snapshot in
time, it suggests that the street experiences consistent use, by a wide range of
pedestrians, throughout the day, with activity likely to increase during peak times
and periods of higher visitor numbers.
Appeal Decision APP/X5990/D/25/3368513
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7. The new vehicular access point would cross the public footway in very close
proximity to the existing vehicular access point, potentially creating uncertainty as
to where vehicles might enter or emerge from the site. Furthermore, the new
access point would be flanked on either side by tall brick piers at the site boundary
and would be situated close to a telephone box, cycle stands, pole mounted
signage, and a mature tree. These factors have the potential to impede sightlines
between pedestrians and any vehicles entering or exiting the site. Consequently,
the proliferation of access points serving the appeal site would unacceptably
increase risk for pedestrians. This could be particularly problematic for the visually
impaired or those with limited mobility, including those with wheelchairs or prams,
all of whom rely heavily on clear visibility and predictable traffic movements to
navigate the footway safely.
8. The appellant suggests the new vehicular access would allow vehicles to enter and
exit the site in a forward gear. However, an in/out arrangement could not be easily
enforced. Furthermore, Appendix C of the appellant’s Transport Statement shows
that there is currently sufficient space within the site to allow vehicles to turn
around, thereby avoiding the need to reverse onto the highway. Whilst this may
require additional manoeuvring, there is nothing to suggest that it is so onerous or
inconvenient as to deter drivers from doing so or that alterations to the landscaping
could not be undertaken to increase the space available to manoeuvre if so
desired. In the circumstances there is not a demonstrable need for the new
vehicular access point.
9. I accept that the proposed new vehicular access is not located close to a junction
and there is no contrary evidence to suggest that its width would not accord with
the relevant standards. I also acknowledge that incidents reported in the vicinity of
the access were not as a result of a deficiency in the local highway network.
Nevertheless, this does not overcome my site-specific concerns.
10. Therefore, the proposed new vehicular access would have an unacceptable effect
on highway safety, with particular regard to pedestrians. This would be contrary to
Policies 25, 27, 28 and 43 of the City of Westminster City Plan insofar as they
require that development prioritises and improves the pedestrian environment,
resist the removal of boundary treatments and footways to facilitate crossovers,
and seek to provide a safe public realm.
11. The Council’s reason for refusal references Policy T6 of The London Plan (2021).
That particular policy relates to residential parking requirements. Parking is not
specifically referenced in the Council’s reason for refusal and is not a matter in
dispute. Therefore, whilst Policy T6 has not itself been determinative to my findings
on highway safety, this does not overcome the conflict with the other policies of the
development plan identified above.
Other Matters
12. I acknowledge that there are examples of dual vehicular accesses in the vicinity of
the site. However, the full history of those access points is not before me and so I
cannot be certain of the planning context in which they may have received
permission. Nevertheless, their presence does not justify the appeal scheme which
would be harmful for the site-specific reasons identified.
13. I accept that there is no dispute in respect of the design of the proposed brick
boundary wall and railings and that precise details of the landscaping of the front
Appeal Decision APP/X5990/D/25/3368513
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garden could be secured by condition. The Council’s Officer report acknowledges
that as the proposal is not a wholescale redevelopment of the site, a requirement to
reduce parking provision could not be sustained. There is no dispute that the
existing on-street parking bays will be unaffected by the proposal. I also accept that
the proposed plans indicate matching brickwork, that any uncertainty regarding how
the railings would be fixed could be addressed by condition and that details of a
bicycle store are provided in the design and access statement. Even so, the
acceptability of these particular matters does not justify the harm identified under
the main issue.
Conclusion and Recommendation
14. For the reasons given above and having had regard to all other matters raised, I
recommend that the appeal should be dismissed.
S Jamieson
APPEAL PLANNING OFFICER
Inspector’s Decision
15. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
M Russell
INSPECTOR
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