111 ELMERS END ROAD, BECKENHAM , KENT, BR3 4SY
London Borough of Bromley — appeal allowed
- Outcome
- Allowed
- Decision date
- 18 October 2022
- Authority
- London Borough of Bromley
- Inspector
- Wood T
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr and Mrs Nadira Ramtahal
- LPA reference
- 21/05673/FULL1
- ONS LPA code
- E09000006
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 23 August 2022
Summary AI
The appeal was allowed due to additional information provided by the appellant addressing concerns over highway safety, allowing the development to proceed without unacceptable effects on the free and safe flow of vehicles and pedestrians on the adjacent highway.
PDF text
111 ELMERS END ROAD, BECKENHAM , KENT, BR3 4SY — London Borough of Bromley — Appeal Decision Site visit made on 26 September 2022 by Tim Wood BA(Hons) BTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 18/10/2022 Appeal Ref: APP/G5180/W/22/3298393 111 Elmers End Road, Beckenham BR3 4SY • 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 Jagat Ramtahal against the decision of the Council of the London Borough of Bromley. • The application Ref DC/21/05673/FULL1, dated 7 December 2021, was refused by notice dated 7 February 2022. • The development proposed is a vehicle crossover leading to a front parking area. Decision 1. The appeal is allowed and planning permission is granted for a vehicle crossover leading to a front parking area at 111 Elmers End Road, Beckenham BR3 4SY in accordance with the terms of the application, Ref DC/21/05673/FULL1, dated 7 December 2021, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.
111 ELMERS END ROAD, BECKENHAM , KENT, BR3 4SY — London Borough of Bromley — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 1:1250 scale Location Plan; EL PR-RE- 201 Rev C. 3) The development hereby approved shall be carried out in accordance with details of the ground levels and surfacing materials, which should be submitted to and approved in writing by the Local Planning Authority, prior to the commencement of the development. The development shall be retained in the agreed form thereafter. Main Issue 2. The main issue in this appeal is the effects of the proposal on the free and safe flow of vehicles on the adjacent highway Reasons 3. The appeal relates to the frontage of this mixed commercial and residential property which is situated on Elmers End Road (A214), which is a London Distributor Road. I noted that the road is straight at this section and visibility in both directions is unobstructed. https://www.gov.uk/planning-inspectorate
111 ELMERS END ROAD, BECKENHAM , KENT, BR3 4SY — London Borough of Bromley — Appeal Decision Appeal Decision APP/G5180/W/22/3298393 4. The Council has issued a statement in relation to the appeal which states that, after considering the new information which the appellant has included with the appeal documents, they are satisfied that the proposal would have no unreasonable effects on highway safety and is also acceptable in other respects, subject to certain conditions. 5. The appellant included a Road Safety Audit, a swept path analysis and updated detailed drawings. In the light of these and my own observations on site, I am satisfied that the proposal would have no unreasonable effects on highway safety. The adjacent access to the rear of the buildings is at a slightly different level than the existing frontage of the appeal site and the Council indicates that this should be amended to be a consistent level throughout. I consider that this can be resolved by the imposition of a suitable condition. 6. In relation to conditions, I shall include a condition which identifies the approved drawings for the sake of clarity. I shall also include a condition which requires that the parking area shall be constructed to a level and of materials to be agreed by the planning authority. Conclusion 7.
111 ELMERS END ROAD, BECKENHAM , KENT, BR3 4SY — London Borough of Bromley — Appeal Decision As a result of the additional information provided by the appellant, I am satisfied that the proposal would have no unacceptable effects on the free and safe flow of vehicles and pedestrians on the adjacent highway. Therefore, I find no conflict with Policies 30, 32 and 34 of the Bromley Local Plan. As a consequence, the appeal is allowed.
111 ELMERS END ROAD, BECKENHAM , KENT, BR3 4SY — London Borough of Bromley — T Wood INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Highway safety For appellant ¶3
The inspector noted that the road is straight and visibility is unobstructed, and the additional information provided by the appellant, including a Road Safety Audit and swept path analysis, addressed concerns over highway safety.
Highway safety For appellant ¶5
The inspector was satisfied that the proposal would have no unreasonable effects on highway safety, and a suitable condition could be imposed to resolve the issue of inconsistent levels between the frontage and rear access.
Policies relied on
| Reference | Weight |
|---|---|
| Bromley Local Plan Policies 30, 32, and 34 |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 18 October 2022 under the Open Government Licence.