Case 3297305

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL

Bedford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
16 November 2022
Authority
Bedford Borough Council
Inspector
Pattison B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Homelink Properties
LPA reference
21/01442/FUL
ONS LPA code
E06000055
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 July 2022

Summary AI

The appeal for a development in Kempston, Bedfordshire has been dismissed due to concerns over highway safety. The proposal involved converting part of a first-floor level into one one-bedroom flat and one studio flat. The inspector found that the development would result in the displacement of parking to the public highway, which would have an unacceptable impact on highway safety.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision Site visit made on 11 October 2022 by B Pattison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 16 NOVEMBER 2022 Appeal Ref: APP/K0235/W/22/3297305 44-46 Bunyan Road, Kempston MK42 8HL • 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 Homelink Properties against the decision of Bedford Borough Council. • The application Ref 21/01442/FUL, dated 19 May 2021, was refused by notice dated 2 February 2022. • The development proposed is the conversion of part of first-floor level into one (1x) one-bedroom flat and one studio flat. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on highway safety, with regard to the adequacy of the parking provision, waste and cycle storage and the potential for the displacement of vehicles on to the public highway. Reasons 3.

Page 1 · Chunk 1 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision To meet the needs of the proposed residential units, submitted plan GL/2020- 04/04A dated 05/20 is annotated to show a pedestrian walkway, two car parking spaces allocated to residential occupiers and bin and cycle storage in the external area to the side and rear of the property that currently serves to provide communal parking opportunities for the range of different commercial units and uses that also exist at the property. 4. I note that with regards to a previous appeal1 in respect of a similar proposal at the site, the Inspector found the site to be heavily congested with vehicles, to such an extent that vehicles were being parked back-to-back. I have also taken account of the Council’s observations and find that the presence of numerous businesses at the site would realistically be expected to generate a strong and ongoing demand for on-site parking. 5. Furthermore, as shown on the submitted plans, as a consequence of the provision of the pedestrian walkway, two car parking spaces allocated to residential occupiers, bin and cycle storage there would be a considerable reduction of space available for the visitors and occupiers of the other on-site uses.

Page 1 · Chunk 2 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision Indeed, if other cars were to be parked in the yard area, the residential 1 APP/K0235/W/20/3260056 https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision Indeed, if other cars were to be parked in the yard area, the residential 1 APP/K0235/W/20/3260056 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/22/3297305 car parking spaces would be inaccessible. Consequently, the appeal scheme would result in the displacement of parking to the public highway. 6. The site fronts onto Bunyan Road, identified in the Officer’s Report as a classified road and which I experienced to be a busy and well-trafficked route. On-street parking opportunities in the vicinity of the site are limited and often restricted. The displacement of car parking from the site, in the context of the limited availability of unrestricted on-street parking opportunities nearby and the busy nature of Bunyan Road, would result in an unacceptable impact to highway safety. 7. For the above reasons, I conclude that the proposed development would harm highway safety, with regard to the adequacy of the parking provision and the potential for the displacement of vehicles on to the public highway. I therefore find that it conflicts with Policies 29 and 31 of the Bedford Borough Local Plan 2030 (2020) (LP). Amongst other aspects these policies require that particular attention be given to highway capacity, parking provision and safety and that new development integrate functional needs such as refuse and cycle storage.

Page 2 · Chunk 5 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision As the proposed development would have an unacceptable impact on highway safety it would also fail to comply with paragraph 111 of the National Planning Policy Framework (2011) (Framework). 8. The Council also alleges conflict with Policies 28S and 30 of the LP with regards to this matter. However, my attention has not been drawn to any words within these policies that are relevant to this issue. They have therefore not been determinative in my decision. Other Matters 9. In terms of the scheme’s benefits, it is the case that two additional residential units are proposed in a location with good access to surrounding facilities and services. The provision of two windfall units would make a modest contribution to the Borough-wide housing supply. This in turn would make a small contribution towards maintaining the vitality of existing local services and amenities. The main parties agree that the proposed development would not harm the character and appearance of the site or wider area. The proposal would create jobs during the construction period and modest inward investment related to the fit out and furnishing of the units. Once occupied the units would also provide additional Council Tax revenue.

Page 2 · Chunk 6 Appeal Decision

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — Appeal Decision These are material considerations that weigh in favour of the appeal scheme, and I afford them some weight, but these matters do not outweigh the harm I have previously identified. Conclusion 10. For the above reasons, having had regard to the development plan as a whole, along with all other relevant material considerations, I conclude that the appeal should be dismissed.

Page 2 · Chunk 7 B Pattison

44-46 Bunyan Road, Kempston, BEDFORD, MK42 8HL — Bedford Borough Council — B Pattison INSPECTOR

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

Main issues and findings

Highway safety
Against appellant
¶5

The inspector found that the presence of numerous businesses at the site would generate a strong demand for on-site parking, and that the appeal scheme would result in a considerable reduction of space available for visitors and occupiers of other on-site uses, making residential car parking spaces inaccessible.

Highway safety
Against appellant
¶6

The inspector found that the site fronts onto a busy and well-trafficked route, and that on-street parking opportunities in the vicinity are limited and often restricted, making the displacement of car parking from the site unacceptable.

Policies relied on

Reference Weight
LP 29 and 31
Determinative
NPPF 111
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 16 November 2022 under the Open Government Licence.