Case 3351240

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL

Shropshire County Council — appeal dismissed

Outcome
Dismissed
Decision date
17 January 2025
Authority
Shropshire County Council
Inspector
Moulton E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Simon Shanklin
LPA reference
24/01723/FUL
ONS LPA code
E06000051
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 October 2024

Summary AI

The appeal was dismissed due to concerns over highway safety, specifically the impact of vehicles exiting the building on pedestrians in a busy pedestrianized area. The condition requiring that the storage/workshop area not be used for garaging was deemed necessary and reasonable.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision Site visit made on 7 January 2025 by Elaine Moulton BA (Hons) BPl MRTPI an Inspector appointed by the Secretary of State Decision date: 17 January 2025 Appeal Ref: APP/L3245/W/24/3351240 Former Public Conveniences, St Julians Friars, Shrewsbury, Shropshire SY1 1XL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by Mr S Shanklin against the decision of Shropshire Council. • The application Ref 24/01723/FUL was approved on 14 June 2024 and planning permission was granted subject to conditions. • The development permitted is the phased conversion and extension to existing single storey former public toilet building to provide single dwelling with ground floor workshop and storage. • The condition in dispute is No 8 which states that: The area identified as storage / workshop on the revised plan, drawing number 2101_PL_02 Rev C dated 30th April 2024 shall not be used garaging and shall not at anytime be converted into vehicle garage. • The reason given for the condition: In the interests of highway safety, and the safety of other highway users. Decision 1. The appeal is dismissed.

Page 1 · Chunk 1 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision Background and Main Issue 2. The planning permission that is the subject of this appeal, is for the phasing of a previously permitted development, and includes the same conditions. Condition 8 was imposed in accordance with the advice of the Highway Authority due to highway safety concerns relating to vehicles blocking the carriageway and inadequate pedestrian visibility. The appellant seeks the removal of the condition stating that such highway safety concerns could be addressed. 3. Having regard to the appeal submissions, the main issue is whether or not the disputed condition is reasonable and necessary in the interests of highway safety. Reasons 4. The front elevation of the appeal building, where the vehicular entrance would be located, is set back a short distance from the front elevation of a three-storey property, the Masala restaurant, to which it is attached. The side elevation of the Masala would closely flank the access point on one side and extend up to the carriageway of St Julian’s Friars. In such a position it would significantly restrict the visibility of drivers on exit from the appeal building. 5.

Page 1 · Chunk 2 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision My observations on the site visit suggests that St Julian’s Friars is a busy pedestrianised route and that pedestrians moving along it in a southerly direction, before turning right towards St Julian Friars car park and Greyfriars bridge, walk very close to the Masala. In such a position the pedestrians are unlikely to see a vehicle exiting the building in advance of it joining the carriageway, and any driver https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision My observations on the site visit suggests that St Julian’s Friars is a busy pedestrianised route and that pedestrians moving along it in a southerly direction, before turning right towards St Julian Friars car park and Greyfriars bridge, walk very close to the Masala. In such a position the pedestrians are unlikely to see a vehicle exiting the building in advance of it joining the carriageway, and any driver https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision Appeal Decision APP/L3245/W/24/3351240 exiting the building would have limited forewarning of such pedestrians, even when travelling in a forward gear. This would make it extremely challenging for the driver and pedestrians to anticipate each other’s movements and stop as appropriate. Consequently, whilst vehicles emerging from the building would occur infrequently and would be moving at a slow speed, the impediment to visibility is likely to result in conflict between such vehicles and other users of St Julian’s Friars, in particular pedestrians, to the detriment of highway safety. 6. In my experience, bankspeople are utilised in the interests of highway safety as a temporary measure in situations where there are many employees on a site, such as during construction. In this case, the floorspace would limit the number of people that could be employed within the proposed building and, as such, it is reasonable to anticipate that there would not always be someone available to act in such a role. Therefore, I do not consider that it would be reasonable or practicable to require, through a condition, that a banksperson oversees vehicle movements out of the building as suggested. 7.

Page 2 · Chunk 5 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision I do not doubt that the installation of a convex mirror would assist visibility to some extent. Nonetheless, I am not convinced that it is appropriate to rely on what is in effect a demountable aid which can be adversely impacted, and become less effective, due to frost, glare from sunlight and vehicle headlights, and if dirty. Furthermore, as I have found movements from the building in a forward gear would be unsafe, controls imposed through a planning condition that would prevent reversing manoeuvres during specified hours would not resolve the identified highway safety issues. 8. My attention has been drawn to the parking arrangements of other buildings on St Julian’s Friars. On my visit I noted that the parking spaces for St Julian’s Mews and Abbots Mead Hotel are highly visible and, therefore, do not raise similar highway safety issues. As Darwin’s Town House Hotel is set back from the carriageway, pedestrians walking along St Julian’s Friars in a southerly direction would have advance warning of a vehicle leaving the parking space.

Page 2 · Chunk 6 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision In addition, I observed that pedestrians walk along the centre of the road when travelling in a northerly direction and, as such, the effect of the Masala on the forward visibility at Darwin’s Town House Hotel is less pronounced. Accordingly, such parking and servicing arrangements do not support a conclusion that the proposal is acceptable in respect of highway safety. 9. I acknowledge that the area in front of the building, which is accessed from Williams Way, has been used as a parking space and that there is no evidence before me to suggest that its use is unsafe. However, that does not demonstrate that access from the building onto St Julian’s Friars would not give rise to the highway safety concerns I have identified. Furthermore, the building being historically used as a store for vehicles, at a time when the nature of pedestrian and vehicular movements would have been materially different, does not alter my findings. 10. There is insufficient space in front of the appeal building to enable a vehicle to stand clear of the carriageway, which could result in part of the public highway being blocked whilst the door is opened.

Page 2 · Chunk 7 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision I am, however, satisfied that a remotely operated electric door, which could be secured through a suitably worded condition, would enable it to be opened in advance so that a vehicle could drive https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 8 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision I am, however, satisfied that a remotely operated electric door, which could be secured through a suitably worded condition, would enable it to be opened in advance so that a vehicle could drive https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 9 Appeal Decision

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Appeal Decision Appeal Decision APP/L3245/W/24/3351240 straight in. Nevertheless, it remains that the use of the building as a garage would be unsafe for the reasons set out above. 11. I therefore conclude that condition 8 is necessary and reasonable in the interests of highway safety. Other Matters 12. I acknowledge the public car park charges, the costs that would be incurred in undertaking major foundation works, and the payment of the Community Infrastructure Levy affect the viability of the proposed development. I further acknowledge that the use of the ground floor as a garage would increase the likelihood the building would be brought back into use. Such factors do not, however, outweigh the harm I have identified. 13. The appellant has drawn my attention to the Council’s stance regarding pre- application advice and the fees for obtaining such advice. Nonetheless, these matters do not affect my consideration of the planning merits of the proposal. 14. The absence of objections from the public does not weigh in favour of the proposal. Conclusion 15. For the reasons given, and taking into account all other matters raised, I conclude that the appeal should be dismissed and the condition retained.

Page 3 · Chunk 10 Elaine Moulton

Former Public Conveniences, 36A St Julians Friars, Shrewsbury, Shropshire, SY1 1XL — Shropshire County Council — Elaine Moulton 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
¶4

The front elevation of the appeal building would restrict visibility for drivers exiting the building, and pedestrians would have limited time to react to a vehicle exiting the building.

Highway safety
Against appellant
¶5

Pedestrians walking along St Julian’s Friars would not see a vehicle exiting the building in advance, making it challenging for drivers and pedestrians to anticipate each other’s movements.

Highway safety
Against appellant
¶10

There is insufficient space in front of the appeal building for a vehicle to stand clear of the carriageway, potentially blocking part of the public highway.

Highway safety
Against appellant
¶10

A remotely operated electric door could not ensure safe access to the building due to the potential for a vehicle to block the carriageway.

Highway safety
Against appellant
¶11

The use of the building as a garage would be unsafe due to the identified highway safety issues.

Affordable housing
Neutral
¶12

The viability of the proposed development was affected by public car park charges, foundation works costs, and the Community Infrastructure Levy, but these factors did not outweigh the harm identified.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan D1
Limited

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 17 January 2025 under the Open Government Licence.