Case 3342056

103 Barkby Road, LEICESTER, LE4 9LG

Leicester City Council — appeal dismissed

Outcome
Dismissed
Decision date
22 July 2024
Authority
Leicester City Council
Inspector
Wilson D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Change of use
Appellant
Kava (NW) Ltd
LPA reference
20231352
ONS LPA code
E06000016
Jurisdiction
Transferred
Link status
Not Linked
Start date
30 April 2024

Summary AI

The appeal was dismissed due to the unacceptable harm to highway safety caused by the development. The inspector noted that the access to the site is restrictive and large delivery vehicles trying to access the site via residential roads would pose a risk to highway safety.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

103 Barkby Road, LEICESTER, LE4 9LG — Leicester City Council — Appeal Decision Site visit made on 9 July 2024 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 22 July 2024 Appeal Ref: APP/W2465/W/24/3342056 103 Barkby Road, Leicester LE4 9LG • 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 Vishal Gupta on behalf of Kava (NW) Ltd against the decision of Leicester City Council. • The application Ref is 20231352. • The development proposed is the change of use from yard to car storage. Decision 1. The appeal is dismissed. Preliminary Matter 2. At the time of my site visit, I saw that the development was substantially complete and I have dealt with the appeal on that basis. Main Issue 3. The main issue is whether the development causes unacceptable harm to highway safety. Reasons 4. The appeal site is a parcel of land located to the rear of a commercial unit. The site is accessed via a short single car width track from Lydford Road which is a dense residential area. The site itself is being used for the storage of a large number of cars which are tightly packed into the appeal site. 5.

Page 1 · Chunk 1 Appeal Decision

103 Barkby Road, LEICESTER, LE4 9LG — Leicester City Council — Appeal Decision Lydford Road is residential with predominantly semi-detached houses lining the road. I also noted during my site visit that many vehicles are being parked along either side of the road. As such, it would be difficult for HGV’s and other vehicle transporters to travel to and from the entrance of the appeal site safely. 6. The appellant states that the site is used for storage in association with a car sales business elsewhere and that there are no sales or repairs, or facilities to conduct these activities within the appeal site. The appellant also suggests that deliveries take place several times per week and cars are usually driven to the site individually and then the drivers are picked up separately. However, I am mindful that photographs have been provided by interested parties that demonstrate that a vehicle transporter appears to have been used to deliver cars and unload onto Lydford Road. 7. The access to the site is restrictive in itself due to its narrow width and is therefore unlikely to be suitable for vehicles big enough to deliver cars, even if https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

103 Barkby Road, LEICESTER, LE4 9LG — Leicester City Council — Appeal Decision Appeal Decision APP/W2465/W/24/3342056 the previous use allowed this. A condition could be imposed to restrict these types of vehicles; however, it would not be able to control large delivery vehicles trying to access the site via residential roads and loading and unloading on the public highway which appears to be taking place. 8. I therefore conclude that the development unacceptably harms highway safety. It is contrary to Paragraph 114 of the National Planning Policy Framework which amongst other things, seeks to ensure that significant impacts on highway safety are mitigated to an acceptable degree. Other Matter 9. I note that the appellant has made the access road tidy and passable by removing fly tipped waste. However, this is a neutral matter that does not outweigh the harm I have identified. Conclusion 10. For the reasons given above the appeal should be dismissed.

Page 2 · Chunk 3 D Wilson

103 Barkby Road, LEICESTER, LE4 9LG — Leicester City Council — D Wilson 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 access to the site is restrictive and large delivery vehicles trying to access the site via residential roads would pose a risk to highway safety.

Highway safety
Against appellant
¶7

The use of vehicle transporters to deliver cars and unload onto Lydford Road poses a risk to highway safety.

Highway safety
Against appellant
¶8

The development unacceptably harms highway safety.

Policies relied on

Reference Weight
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, 2 pages, issued by the Planning Inspectorate on 22 July 2024 under the Open Government Licence.