Crosswords0 min ago
planning permission
6 Answers
i have had residential outline planning permission passed by inspectorate for one dwelling i have had another planning application for more dwellings on same site refused by local authority due to poor access by head of engineering, but he had no objection on my first application and access is exactly the same. my second application has gone to appeal do you think inspectorate will overturn their decision the second time?
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"could rise to over the allowed amount for your site". (quoted from the above Answer).
Whilst I agree with the conclusions, this statements needs clarifying.
Part of the process of planning demands satisfaction of the access arrangements at the point of emerging onto the highway. The std of access required depends on the type of highway, the average speed of vehicles on that highway and the number of dwellings needing access. In the case of developer seeking permission for a whole new residential site, he might need to propose a new mini-roundabout, for example, before the site access is acceptable.
It is therefore very logical that what you have proposed and was accepted for one dwelling is not the same as what is required under a different application.
If that is the entire basis under which you have presented your case at Planning Appeal, I fear you will not succeed.
Whilst I agree with the conclusions, this statements needs clarifying.
Part of the process of planning demands satisfaction of the access arrangements at the point of emerging onto the highway. The std of access required depends on the type of highway, the average speed of vehicles on that highway and the number of dwellings needing access. In the case of developer seeking permission for a whole new residential site, he might need to propose a new mini-roundabout, for example, before the site access is acceptable.
It is therefore very logical that what you have proposed and was accepted for one dwelling is not the same as what is required under a different application.
If that is the entire basis under which you have presented your case at Planning Appeal, I fear you will not succeed.
thanks for all your opinions, i have based my appeal not only on the fact that one dwelling was permitted ealier, but what it states on my deeds ( i can take down and rebuild garages, barns, sheds etc and replace with huts or dwellings up to 6 in number and i can take carts wagons and lorries up access lane). also the lane is an adopted highway does this mean general public can drive up the lane if so how can they limit the no of dwellings because increase in traffic.
OK I wish you well with it, but please consider the following: -
A PLANNING decision is based upon conformity of the the application to the planning policies and guidelines of the Local Authority where you are. Just because your deeds/Land Title documents says you can do it matter not a jot. It just means there is no legal impediment from a land ownership point of view.
The Highways guidelines relate to the point at which your proposed access joins a public road. At that point there must be adequate visibility. If the public road is a narrow lane and a no through road (so in reality your dwelling is the only one using it), the access arrangements may also relate to the point at which THAT public road meets a larger public road.
A PLANNING decision is based upon conformity of the the application to the planning policies and guidelines of the Local Authority where you are. Just because your deeds/Land Title documents says you can do it matter not a jot. It just means there is no legal impediment from a land ownership point of view.
The Highways guidelines relate to the point at which your proposed access joins a public road. At that point there must be adequate visibility. If the public road is a narrow lane and a no through road (so in reality your dwelling is the only one using it), the access arrangements may also relate to the point at which THAT public road meets a larger public road.
the planning application conforms to all planning policies, the lane is the only issue the planning department has refused it. but they are not taking into account of the current or previous useage of the lane. it was originally built to access a stone quarry which there was workmens cottages and various other buildings on my land. on my neighbours land there used to be 15 garages most of these buildings have long gone. i have seen other developments in my area where the access is the same if not worse than mine. my point is if the lane used to serve cottages and other buildings on my land which are all gone why cant i put dwellings and use adopted lane as it is.
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