Following a planning permission refusal by Luton Council we were approached by our client in July to assess if a planning appeal was viable for this refusal. The refusal was for the change of use of a grass verge to hardstanding and a dropped kerb for vehicle crossover.
The reasons given by Luton Council for the refusal were as follows;
1. The development, as indicated on plan numbers DC01 and 02/02, would result in material harm to the distinct and detailed design and character of the street scene and would fail to preserve or enhance the visually attractive nature of the area. The proposal would, therefore, be contrary to Polices LLP1, LLP25 and LLP31 of the Luton Local Plan 2011-2031 and the principles relating to high quality, sympathetic design which improves the character and quality of an area within Section 12 of the National Planning Policy Framework (NPPF, or the Framework).
2. The development, as indicated on plan numbers DC01 and 02/02 would involve the loss of a landscaped amenity which forms part of the planned development of the site and which makes a valuable contribution to the visual amenities and character of the area. The proposal would thereby be contrary to Policies LLP1, LLP25 and LLP31 of the Luton Local Plan 2011- 2031 and the principles relating to high quality, sympathetic design which improves the character and quality of an area within Section 12 of the National Planning Policy Framework (NPPF, or the Framework).
3. The development, as indicated on plan numbers DC01 and 02/02 fails to demonstrate any need for additional parking or consideration that has been given to more sustainable modes of transport or enhancing natural assets including biodiversity, reducing carbon emissions, risk of flooding, and increase energy and water efficiency and quality. The proposal would thereby be contrary to Policies LLP1 and LLP31 of the Luton Local Plan 2011- 2031 and the principles relating to high quality, sympathetic design which improves the character and quality of an area within Section 12 of the National Planning Policy Framework (NPPF, or the Framework)
The proposed dropped kerb would not impact upon the character of the area as there were a number of dropped kerbs within the vicinity. The appeal site was located on a residential street comprised largely of semi-detached dwellings well set back from the street. The properties shown a mix of gardens or paved front drives, but the precedent for vehicle crossovers along the length of Sundon Park Road was well established and front driveways were the prevailing pattern. The proposal had received no objections from neighbours or the Highways Authority, it did not pose any highway safety risk and the accessibility of the pedestrian footpath would of not be altered. With appropriate tree protection and landscaping, the character of the street scene would have been preserved.
With all of this in mind we submitted the appeal documents along with a 19-page appeal statement to the planning inspectorate. Providing a comprehensive and robust argument, bringing national and local policies into play, and detailed reasoning as to why the findings were wrong, and in-fact this development was perfectly acceptable.
The planning inspector visited the site on November 23rd and the decision was received on December 13th.
We are pleased to announce that the appeal was successful and planning permission was granted.
Below you will find the full Planning Inspectorate Decision. If you are looking to appeal a local authority refusal contact our team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
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