Case 3340700

124 Station Road, Yate, BRISTOL, BS37 4PQ

South Gloucestershire Council — appeal dismissed

Outcome
Dismissed
Decision date
30 August 2024
Authority
South Gloucestershire Council
Inspector
Marigold O
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mrs Julia Holbrook
LPA reference
P23/01834/F
ONS LPA code
E06000025
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 July 2024

Summary AI

The appeal for new vehicular access with dropped kerb was dismissed due to concerns over highway safety. The proposal would require reversing manoeuvres within Station Road, posing a risk to road users. The inspector considered other accesses without on-site turning but found the proposal to be unique in its risks. The proposal also conflicted with policy requirements for safe and suitable access for all users.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision Site visit made on 20 August 2024 by O Marigold BSc DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 30 August 2024 Appeal Ref: APP/P0119/W/24/3340700 124 Station Road, Yate, South Gloucestershire BS37 4PQ • 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 Mrs Julia Holbrook against the decision of South Gloucestershire Council. • The application Ref is P23/01834/F. • The development proposed is new vehicular access with dropped kerb. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have taken the description of the proposal from the application form. However, a bus stop, shelter and road markings are immediately outside of the site and 122 Station Road, and the proposal includes their relocation to a new position outside of 116A Station Road. The Council has considered the proposal on this basis, as shall I. 3. As part of the appeal, the appellant has provided an amended plan showing the provision of a turntable within the site. The Council has commented on this and so I consider that no party would be prejudiced if I take this amended plan into account.

Page 1 · Chunk 1 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision I shall therefore determine the appeal on the basis of this plan. I have also taken into account the appellant’s Transport Notes 1 and 2. Main Issue 4. The main issue is the effect of the proposal on highway safety. Reasons 5. The site consists of a terraced dwelling and its frontage garden, in an area of commercial and residential uses. The appeal dwelling has no on-site parking and restrictions apply to the road. Instead, its occupiers had an arrangement to use a commercial car park adjacent to 126 Station Road. However, planning permission1 has now been granted to develop that site into five dwellings, preventing the arrangement from continuing. 6. The proposal seeks to create a single parking space within the front yard of the appeal site, together with a new dropped-kerb vehicular access directly off Station Road. As a result of the proposal, vehicles entering or leaving the 1 LPA reference P22/01551/F https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/24/3340700 proposed parking space would have to undertake a reversing manoeuvre within Station Road. 7. Accident data shows no recent collisions from vehicles using existing driveways on Station Road, though there have been other collisions. My visit represents only a snapshot in time, but I saw that the road was busy with vehicular traffic. No specific guidance prohibiting reversing onto A-roads has been identified to me. Even so, I am concerned that such manoeuvres would be inherently risky and result in conflict with other road users. These include vulnerable cyclists using the cycle lane. 8. The proposed turntable is intended to allow vehicles to enter and leave the space in forward gear. However, I have few details of how it would operate or its potential for failure. There is also no dispute that its size would be too small for some vehicles, for example larger cars. As a result, the turntable would not necessarily avoid the need for vehicles to reverse within the carriageway. It does not therefore overcome my concerns. 9. The proposal would reduce the likelihood of vehicles serving the appeal property waiting on the double yellow lines whilst loading or unloading.

Page 2 · Chunk 3 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision Repositioning the bus shelter would also provide marginally better visibility for those leaving the site at 126 Station Road, including the housing recently permitted. However, the relocated bus shelter would reduce the visibility available to drivers using existing accesses at 106 to 116A Station Road including where reversing manoeuvres are also required, thereby adding to the risks. 10. Furthermore, the position of the relocated bus stop would be closer to the junction with Mow Barton than currently. As a result of the proposal, vehicles using Station Road travelling west and overtaking a bus at the stop would conflict with those leaving Mow Barton and heading east. Consequently, there would be a very real potential for collision between such vehicles. For the above reasons, I am concerned that the proposal would risk the safety of road users. 11. Examples of other accesses without on-site turning have been drawn to my attention. These include those at numbers 18, 48, 54 and 106-120 Station Road, the nearby Parish Hall, Community Centre and Nursery, and elsewhere. Many of these accesses are historic. Others are close to traffic lights which would provide manoeuvring opportunities into queuing traffic.

Page 2 · Chunk 4 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision None appeared to involve the relocation of a bus-stop or result in the same risks as the proposal. As such, I cannot draw useful comparison between the proposal and the other accesses. 12. The current location of the bus stop and shelter is constrained by the narrow width of the pavement. Government Guidance2 refers to a minimum standard which the proposal would not meet. However, this only applies in newly built areas, rather than at the appeal site. For existing stops, the Guidance permits a minimum width, which would be exceeded by the proposal. The relocation would therefore benefit footway users and bus passengers by providing a wider space. Nevertheless, given the small amount of space involved, this benefit does not justify the adverse effects I identify above. 2 Inclusive Mobility – A Guide to Best Practice on Access to Pedestrian and Transport Infrastructure (2021) https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/24/3340700 13. For the reasons given, the proposal would have a harmful effect on highway safety. It would therefore conflict with Policy CS8 of the South Gloucestershire Core Strategy, adopted December 2013 and policies PSP11 and PSP38 of the South Gloucestershire Policies, Sites and Places Plan, adopted November 2017. These require proposals, including within residential curtilages, to be safe and not compromise highway safety. The proposal would similarly conflict with the aim of Paragraph 114 of the National Planning Policy Framework for safe and suitable access for all users. As such, I give this conflict substantial weight. Other Considerations 14. I am mindful that the proposal would provide parking and access for the occupiers of the property, with little if any on-street parking available locally. Electric vehicle charging could also be installed as part of the proposal. However, as these would serve principally private interests, the public benefits of the proposal would be limited. 15. Separate Highway Authority approval would be required under other legislation, potentially including a Traffic Regulation Order.

Page 3 · Chunk 6 Appeal Decision

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — Appeal Decision This process involves consultation with the public and stakeholders and so the outcome is uncertain. However, even if a negatively worded (Grampian) condition could prevent implementation of the proposal until any such approval is given, this would not overcome my concerns in respect of the main issue. Planning Balance and Conclusion 16. For the reasons given, I have found conflict with the Development Plan as a whole. The material considerations in this case, and the weight ascribed to them, do not indicate a decision other than in accordance with the Development Plan. This leads me to conclude that the appeal should be dismissed.

Page 3 · Chunk 7 O Marigold

124 Station Road, Yate, BRISTOL, BS37 4PQ — South Gloucestershire Council — O Marigold INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Highway safety
Against appellant
¶10

The inspector was concerned that the proposal would risk the safety of road users due to the potential for collision between vehicles using Station Road and those leaving Mow Barton.

Highway safety
Against appellant
¶13

The proposal would have a harmful effect on highway safety and conflict with policy requirements for safe and suitable access for all users.

Planning obligations
Against appellant
¶14

The inspector noted that the proposal would require separate Highway Authority approval and consultation with the public, but this would not overcome the concerns regarding highway safety.

Policies relied on

Reference Weight
Policy CS8 of the South Gloucestershire Core Strategy
Substantial
PSP11 and PSP38 of the South Gloucestershire Policies, Sites and Places Plan
Substantial
Paragraph 114 of the National Planning Policy Framework
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 30 August 2024 under the Open Government Licence.