Case 3277376

9 Herd Street, MARLBOROUGH, SN8 1DF

Wiltshire Council — appeal dismissed

Outcome
Dismissed
Decision date
22 December 2021
Authority
Wiltshire Council
Inspector
Allen M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Howard WILKINSON
LPA reference
21/01008/FUL
ONS LPA code
E06000054
Jurisdiction
Transferred
Link status
Not Linked
Start date
8 September 2021

Summary AI

The inspector dismissed the appeal for a parking space for an electric vehicle, citing concerns for highway safety and pedestrian traffic. The proposed space would restrict the footway width, potentially forcing pedestrians to navigate towards traffic. The inspector considered the benefits of electric car charging facilities, but concluded they did not outweigh the safety concerns.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

9 Herd Street, MARLBOROUGH, SN8 1DF — Wiltshire Council — Appeal Decision Site visit made on 30 November 2021 by Martin Allen BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 22 December 2021 Appeal Ref: APP/Y3940/W/21/3277376 9 Herd Street, Marlborough, SN8 1DF • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Howard Wilkinson against the decision of Wiltshire Council. • The application Ref 21/01008/FUL, dated 26 January 2021, was refused by notice dated 14 April 2021. • The development proposed is described as “Parking provision for electric vehicle to the front.” Decision 1. The appeal is dismissed. Preliminary Matters 2. Since the appeal was submitted the Government has published a new National Planning Policy Framework (the Framework). The main parties have had the opportunity to provide comments on the revisions and I have taken these into account in reaching my decision. I have considered the appeal on the basis of the revised Framework. Main Issue 3. The main issue is the effect on highway safety, with particular regard to the safety of pedestrians. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

9 Herd Street, MARLBOROUGH, SN8 1DF — Wiltshire Council — Appeal Decision The appeal scheme proposes the creation of a parking space behind an existing area of pavement and includes the introduction of a dropped kerb along the highway. The submitted details show that the area of the footway at the location of the proposed parking space is approximately 1 metre wide, and there are kerb stones and cobbles which restrict this width. The cobbled area to the front of the dwelling which it is proposed will accommodate the parking space, is shown to be approximately 2.3 metres wide. 5. I am mindful that the width of this space falls below the minimum width of a parking space required by the Council, being 2.4 metres. Furthermore, while the submitted details show a small, electric car comfortably accommodated within this space, there is nothing to prevent larger vehicles from being parked at this location. As such, I find it likely that the parking of vehicles to the frontage of the property would further restrict the width of the available footway. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

9 Herd Street, MARLBOROUGH, SN8 1DF — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/21/3277376 6. Given that the footway is already restricted in its width, its further diminution would hinder the passage of pedestrian traffic, particularly for vulnerable users of the footway. The parking of a vehicle would potentially result in pedestrians, such as wheelchair and pushchair users, having to move towards the road and passing traffic in order to try and pass. Given the drop in level between the footway and the road, I consider this to be an unsatisfactory situation. 7. I note the appellants comments that there is a footway on the opposite side of the road which pedestrians could use. However, there is a substantial drop from the footway down to road level which would be difficult for vulnerable users to negotiate. Furthermore, there are steps within the footway on the opposite side. For these reasons, I am not convinced by the argument that users could simply use the other footway. Notwithstanding the appellants comments, there is no substantive evidence to show that the footway experiences little usage. 8. There are other vehicular access points located within the vicinity which necessitate traffic passing over the footway.

Page 2 · Chunk 3 Appeal Decision

9 Herd Street, MARLBOROUGH, SN8 1DF — Wiltshire Council — Appeal Decision However, their alignment and positioning are sufficiently different that they are not comparable to the appeal scheme. 9. I fully acknowledge that the construction of the parking space is to facilitate the provision of electric car charging facilities and the benefits of this, particularly in light of the future increases in electric car ownership. The benefits are not however sufficient to outweigh the concerns that I have identified above. 10. Accordingly, I find that the proposal would result in harm to highway safety, with particular regard to the safety of pedestrians. Thus, it conflicts with policies 57, 60, 61 and 64 of the Wiltshire Core Strategy (adopted 2015), insofar as they seek to ensure the safe movement of people, that the needs of all transport users are considered, and that appropriate parking is provided. The scheme would also conflict with the highway safety aims of the Framework. Conclusion 11. For the reasons given above, I conclude that the appeal should be dismissed.

Page 2 · Chunk 4 Martin Allen

9 Herd Street, MARLBOROUGH, SN8 1DF — Wiltshire Council — Martin Allen INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Highway safety
Against appellant
¶6

The parking space would further restrict the already narrow footway, hindering pedestrian traffic, especially for vulnerable users. Pedestrians may have to move towards traffic, creating an unsatisfactory situation.

Highway safety
Against appellant
¶7

The alternative footway on the opposite side of the road is not a viable solution, due to its own drop in level and presence of steps, making it difficult for vulnerable users to navigate.

Highway safety
Against appellant
¶8

Other vehicular access points in the vicinity are not comparable to the appeal scheme, and do not mitigate the safety concerns.

Policies relied on

Reference Weight
Wiltshire Core Strategy (adopted 2015), policies 57, 60, 61 and 64
Determinative
National Planning Policy Framework
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 22 December 2021 under the Open Government Licence.