Formation of a new hardstanding area within the front garden to create an off-street parking space
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Character & Appearance
Highways & Transport
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 29 April 2026 by T Morris BA (Hons) MSc MRTPI
Decision by C Shearing BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 19 June 2026
Appeal Ref: 6006488
1 Brayton Approach, Swarcliffe, Leeds LS14 5AZ
• 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 Mario Spiridonov against the decision of Leeds City Council.
• The application Ref is 25/06350/FU.
• The development proposed is formation of a new hardstanding area within the front garden to create
an off-street parking space.
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 description of development on the application form is extensive and includes
wording that is not a description of development. Therefore, I have used the
description from the Council’s decision notice as this accurately describes the
proposal.
Main Issues
4. The main issues are the effect of the proposed development on:
i) the character and appearance of the area; and
ii) highways safety, in terms of parking.
Reasons for the Recommendation
Character and Appearance
5. The appeal site comprises a two-storey dwelling located in a residential area. The
dwellings on this part of Brayton Approach are set within terraces. The terraces are
setback from the highway behind modest, but nevertheless open frontages
enclosed by predominantly low level fencing. On my site visit I observed that none
of the frontages in this area are used for off-street parking and thus provide a
degree of separation between the buildings and the highway. Furthermore, most of
the frontages feature soft landscaping including grass, planting and hedges. The
open frontages together with the subtle landscaping are therefore important
Appeal Decision 6006488
2
features which contribute positively to an open and verdant character in an
otherwise dense urban environment.
6. With regards to the appeal site itself, it too reflects the positive characteristics of the
street scene, given that it is also open and features several large plants, as well as
a hedge along the front and side boundary to the footpath. Accordingly, the appeal
site also contributes positively to the character and appearance of the area.
7. I have had regard to the Council’s Householder Design Guide Supplementary
Planning Document (2012) (SPD). Policy HDG1 of the SPD advises that alterations
should respect the character and appearance of the locality. It also advises that
alterations which harm the character and appearance of the locality will be resisted.
8. By virtue of its location to the front of the property, the proposed off-street parking
space at the appeal site would harmfully contrast with the open frontages of the
dwellings on this part of Brayton Approach. It would also undermine the separation
between the dwellings and the highway. Furthermore, the removal of some of the
areas of soft landscaping to create the hardstanding area would weaken the subtle,
yet verdant character of the street scene. Consequently, the hardstanding and off-
street parking space would be incongruous in these surroundings and would erode
the subtle, but important open and verdant characteristics of the area. Even though
hedges are shown to the site boundaries on the block plan, they would not
sufficiently mitigate the harmful visual effects of the proposal.
9. The appellant refers to driveways at 19 and 23 Brayton Approach, as well as other
developments on Brayton Place and Farndale Terrace. However, the full details of
these including the planning background have not been provided in order to make a
direct comparison. Furthermore, none of these appear to be on the same part of
Brayton Approach as the appeal proposal. Accordingly, I can only give these
examples limited weight and they do not alter my findings on this main issue.
10. Consequently, the proposed development would be harmful to the character and
appearance of the area. It would conflict with Policy P10 of the Leeds Core
Strategy (2019) (CS) and Saved Policy GP5 of the Leeds Unitary Development
Plan (Review 2006) (UDP), which require that developments are appropriate to
their context and respect the character and amenity of the locality.
11. For the same reasons, the proposal would conflict with the SPD and National
Planning Policy Framework, which advises that developments should respect the
character and appearance of the locality and add to the overall quality of the area.
12. On this main issue, the Council cite conflict with Saved Policy BD6 of the UDP.
However, as this relates to extensions and alterations to the original building, it is
not determinative on this main issue.
Highway Safety
13. The appeal site is located close to the junction where the main part of Brayton
Approach meets the section where the appeal property is located. There is also a
footpath to the front and side of the property, as well as two bollards on the corner
of the street near to where the access to the proposed off-street parking space
would be located. The proposed block plan suggests vehicles would enter the
proposed parking space from within the cul-de-sac, next to the existing bollard.
Appeal Decision 6006488
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14. The main parties disagree over whether or not the off-street parking space would
meet the minimum measurements as required by the Council. However, even
though the appellant states that the space would meet the Council’s standards,
there are no annotations on the plans in order to confirm the exact measurements
of the parking space. Furthermore, the Council have not confirmed the size of a
parking space it requires.
15. Based on the evidence, including the appellant’s measurements, the depth of the
parking space between the front elevation of the house and the footpath edge
would be approximately 5m. This is likely to be an adequate depth to accommodate
a vehicle.
16. However, with regards to the width of the access to the off-street parking space,
there is insufficient information to confirm that the appellant’s measurement as
shown in the photograph corresponds to the location of the driveway as shown on
the plans. From the plans, the width does appear to be narrow, and this is also
supported by the measurements in the Council’s officer report. Consequently, and
in combination with the bollard directly outside the intended access, the narrow
width would make it difficult for any vehicles to safely manoeuvre into the off-street
parking space.
17. With the above factors in mind, the insufficient width of the off-street parking space
would result in it being difficult for vehicles to manoeuvre into the space. Vehicles
would be very likely to park in a precarious position, require multiple movements
over the footway to position the vehicle correctly, or overhang the footpath. This
would lead to the potential for conflict between vehicles and users of the footpath,
including pedestrians such as those with prams and small children, as well as those
with accessibility needs. The potential for conflict would be worsened by the
proximity to the bollards which create further obstructions along the footpath. There
is insufficient evidence before me to lead me to a different conclusion on this main
issue.
18. Consequently, the proposed development would have an unacceptable impact on
highway safety. It would conflict with Policy T2 of the CS and Saved Policy GP5 of
the UDP, which amongst other matters, require that developments are adequately
served by safe and secure access.
Other Matters
19. The appellant refers to the Council having approved a metal shipping container at
14 Brayton Approach. However, I have not been provided with the full planning
background of this. In any case, a shipping container is a different proposal to an
off-street parking space. It is not therefore directly comparable to the extent that it
would justify the proposal.
20. I also acknowledge the appellant’s comments regarding the support for electric
vehicle charging in the National Planning Policy Framework, the reference to the
Leeds Climate Emergency and the benefits in terms of facilitating zero-emission
transport. However, such benefits do not outweigh the totality of the harm in terms
of character and appearance and highway safety, which would be significant and
long lasting.
21. That the proposal would have a negligible impact on local biodiversity is a neutral
factor which does not weigh in favour of the appeal.
Appeal Decision 6006488
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Conclusion and Recommendation
22. The proposed development would conflict with the development plan as a whole,
and there are no other identified considerations which would outweigh this conflict.
Consequently, I recommend that the appeal should be dismissed.
T Morris
APPEAL PLANNING OFFICER
Inspector’s Decision
23. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
C Shearing
INSPECTOR
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