88 Leeds Road, Methley, LEEDS, LS26 9EL
Leeds City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 23 November 2021
- Authority
- Leeds City Council
- Inspector
- Hunter J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Heapledge Holdings Ltd
- Agent
- Heapledge Holdings Ltd
- LPA reference
- 20/06829/FU
- ONS LPA code
- E08000035
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 16 August 2021
Summary AI
The appeal for a new three-storey four-bedroom terrace house in an existing housing development was dismissed due to concerns over highway safety. The inspector considered that the proposal would displace unauthorised parking onto the roadside, increase demand for parking, and lead to unacceptable highway safety issues. The decision was based on policies CS T2 and UDP GP5.
PDF text
88 Leeds Road, Methley, LEEDS, LS26 9EL — Leeds City Council — Appeal Decision Site Visit made on 20 September 2021 by J Hunter BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 23 November 2021 Appeal Ref: APP/N4720/W/21/3279824 88 Leeds Road, Methley, Leeds LS26 9EL • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Heapledge Holdings Ltd against Leeds City Council. • The application Ref 20/06829/FU, is dated 20 October 2020. • The development proposed is erection of one, three-storey four bed terrace house, by continuing the existing terrace of housing in the same style and form as presently is in situ. Decision 1. The appeal is dismissed and planning permission for erection of one, three- storey four bed terrace house, by continuing the existing terrace of housing in the same style and form as presently is in situ is refused. Background and Main Issues 2. The Council failed to determine the application within the statutory timescale and the appeal is made on that basis.
88 Leeds Road, Methley, LEEDS, LS26 9EL — Leeds City Council — Appeal Decision However, the Council has provided a deemed reason for refusal which forms the basis of the point of contention between the main parties and therefore the main issue is the effect of the proposal on highway safety. Reasons 3. The appeal site is an area of land to the northern end of an existing terrace of two storey houses. At present the land is relatively open and has a covering of crushed stone/tarmac. There is a dropped kerb at the front of the site, relatively close to the end of the terrace which allows access to the rear of the terrace and to Wood Row to the east. The northern end of the site is bounded by a narrow grass verge which separates the site from an access lane leading to properties further north. 4. I saw during my site visit that there were cars parked at the northern side of the site and along the roadside in front of the terrace of housing where there were no obvious parking restrictions in place. I also witnessed several pedestrians and vehicles crossing the site at the time of my visit, although I acknowledge this represents just a snapshot in time. 5.
88 Leeds Road, Methley, LEEDS, LS26 9EL — Leeds City Council — Appeal Decision The proposed development would displace cars that currently park onto the site onto the roadside, it would also increase the demand for parking by introducing an additional 4 bedroomed property into the terrace. In addition, the access https://www.gov.uk/planning-inspectorate
88 Leeds Road, Methley, LEEDS, LS26 9EL — Leeds City Council — Appeal Decision The proposed development would displace cars that currently park onto the site onto the roadside, it would also increase the demand for parking by introducing an additional 4 bedroomed property into the terrace. In addition, the access https://www.gov.uk/planning-inspectorate
88 Leeds Road, Methley, LEEDS, LS26 9EL — Leeds City Council — Appeal Decision Appeal Decision APP/N4720/W/21/3279824 across the site would be repositioned further north and in close proximity of another access point and relatively sharp bend in the road. 6. Given the unrestricted nature of the on street parking in the area and the space available, the displacement of unauthorised parking form the site onto the roadside would not, in itself have a significant effect on highway safety. However, I consider that cumulatively, the displacement of vehicles, the additional need created by the new dwelling and the resulting proximity of the two access points would have an unacceptable effect on highway safety. 7. In this regard the proposal would fail to accord with the highway safety requirements of the Leeds City Council Core Strategy amended 2019 (CS) Policy T2 and saved policy GP5 of the Leeds Unitary Development Plan 2006 (UDP). Conclusion 8. There are no material considerations that indicate the application should be determined other than in accordance with the development plan. Therefore, for the reasons given above I conclude that the appeal should be dismissed.
88 Leeds Road, Methley, LEEDS, LS26 9EL — Leeds City Council — J Hunter INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Highway safety Against appellant ¶6
The inspector considered that the cumulative effect of displacement of vehicles, additional need created by the new dwelling and resulting proximity of two access points would have an unacceptable effect on highway safety.
Planning obligations Neutral ¶7
The inspector stated that there are no material considerations that indicate the application should be determined other than in accordance with the development plan.
Policies relied on
| Reference | Weight |
|---|---|
| CS T2 |
Determinative |
| UDP GP5 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 23 November 2021 under the Open Government Licence.