Case 3331430

15 Roseacre Gardens, Chilworth, GUILDFORD, GU4 8RQ

Guildford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
1 July 2024
Authority
Guildford Borough Council
Inspector
Miles H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Latchmere Properties Ltd
LPA reference
23/P/00341
ONS LPA code
E07000209
Jurisdiction
Transferred
Link status
Not Linked
Start date
8 March 2024

Summary AI

The appeal for a new build dwelling on Roseacre Gardens was dismissed due to concerns over highway safety. The proposed development would increase the number of vehicle movements at a junction, potentially leading to accidents or injuries.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

15 Roseacre Gardens, Chilworth, GUILDFORD, GU4 8RQ — Guildford Borough Council — Appeal Decision Site visit made on 19 June 2024 by H Miles BA (hons), MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 01 JULY 2024 Appeal Ref: APP/Y3615/W/23/3331430 Retlaws, 15 Roseacre Gardens, Chilworth, Surrey GU4 8RQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Mark Eshelby of Latchmere Properties Ltd against the decision of Guildford Borough Council. • The application Ref is 23/P/00341. • The development proposed is part 2 storey and part 1.5 storey new build dwelling with integral garage, associated parking and landscaping. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development is taken from the decision notice and appeal form as this accurately describes the development proposed. Main Issue 3. The main issue is the effect of the proposed development on highway safety. Reasons 4. The appeal scheme would create a new dwelling on Roseacre Gardens, which is a private road. Roseacre Gardens joins with the public road network at Dorking Road. Dorking Road is an A road with a 30 mile per hour speed limit. 5.

Page 1 · Chunk 1 Appeal Decision

15 Roseacre Gardens, Chilworth, GUILDFORD, GU4 8RQ — Guildford Borough Council — Appeal Decision The Council refer to the standards in Manual for Streets 1 (MfS1) which requires a visibility splay of 2.4m x 43m in this location. However, in this location in the leading direction visibility is limited to 2.4m x 33m. 6. The junction is used by the 39 properties in Roseacre Gardens, and this is estimated to be around 152 movements per day. The proposed dwelling is predicted to generate a total of 4 two-way vehicle movements on a weekday, which would be a 2.5% increase at this junction. Accident data shows that there have not been any accidents on this junction or from cars emerging from minor roads nearby in the previous 10 years. 7. However, only crashes which involve personal injuries are recorded by the police. A driveway mirror is in place opposite the junction and the appellant describes that drivers waiting at the junction are cautious and will edge forwards. Taking all the above into account, there is a perception of danger at this junction. As such, even considering the small increase in the number of movements, the proposed development would result in an increased risk in the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

15 Roseacre Gardens, Chilworth, GUILDFORD, GU4 8RQ — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/23/3331430 potential for conflict between road users. This could result in crashes or injuries. This harm would be serious. 8. Manual for Streets 2 states that there is no evidence that a failure to provide visibility at priority junctions in accordance with the values recommended in MfS1 will result in an increased risk of injury or collisions. However, for the site-specific circumstances described above, in this case, the visibility proposed for the appeal scheme would be harmful. Therefore, there would be an unacceptable impact on highway safety contrary to paragraph 115 of the National Planning Policy Framework (2023) (Framework). 9. Consequently, the proposed development would be harmful to highway safety. Therefore, it would be contrary to policy ID3 of the Guildford Borough Local Plan: Strategy and Sites 2015-2034 (2019) which in part requires that development contributes to a safe transport system and that development provides suitable access. Other Matters 10. Planning permission was granted for a replacement dwelling at 14 Roseacre Gardens. As this did not increase the number of dwelling it would not result in an increase in trips associated with the site.

Page 2 · Chunk 3 Appeal Decision

15 Roseacre Gardens, Chilworth, GUILDFORD, GU4 8RQ — Guildford Borough Council — Appeal Decision Therefore, this is notably different to the scheme before me now and does not alter my conclusions. 11. The proposed development would make efficient use of land for a single new dwelling. However, given the scale of the proposed development the benefits in these regards are modest. This would not therefore outweigh the harm to highway safety which would be serious. Conclusion 12. The proposal would not accord with the development plan and there are no other considerations including the Framework to indicate that the appeal should be determined otherwise. Therefore, for the reasons given above, I conclude that this appeal should be dismissed.

Page 2 · Chunk 4 H Miles

15 Roseacre Gardens, Chilworth, GUILDFORD, GU4 8RQ — Guildford Borough Council — H Miles 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
¶5

The proposed dwelling would increase the number of vehicle movements at a junction, potentially leading to accidents or injuries.

Highway safety
Against appellant
¶8

The visibility proposed for the appeal scheme would be harmful, leading to an unacceptable impact on highway safety.

Policies relied on

Reference Weight
NPPF 115
Determinative
Guildford Borough Local Plan: Strategy and Sites 2015-2034 (2019) ID3
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 1 July 2024 under the Open Government Licence.