45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT
Central Bedfordshire — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 24 March 2025
- Authority
- Central Bedfordshire
- Inspector
- Street E
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr Daniel Roberts
- LPA reference
- CB/24/00036/FULL
- ONS LPA code
- E06000056
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 25 September 2024
Summary AI
The appeal for a change of use and dropped kerb at 45 Salford Road was dismissed due to the harm it would cause to the character and appearance of the area. The Inspector found that the proposal would create an unnatural and urbanising gap in a preserved and planned section, and that the benefits of the proposal were insufficient to outweigh the harm.
PDF text
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — Appeal Decision Site visit made on 11 February 2025 by E Street BSc (Hons) MSc Decision by John Morrison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 24th March 2025 Appeal Ref: APP/P0240/W/24/3351272 45 Salford Road, Aspley Guise, Central Bedfordshire MK17 8HT • 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 Daniel Roberts against the decision of Central Bedfordshire Council. • The application Ref is CB/24/00036/FULL. • The development proposed is described as “change of use of amenity land and proposed dropped kerb to provide vehicular access to 45 Salford Road, Aspley Guise”. Decision 1. The appeal is dismissed. Appeal Procedure & Preliminary Matters 2. The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. In addition, a revised National Planning Policy Framework (the Framework) was published prior to the determination of this appeal. The substantive parts of the new version do not however differ from the previous insofar as they relate to the main issue.
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — Appeal Decision The cases of the main parties will not therefore be prejudiced by my reference thereto. Furthermore, the appeal process is not a suitable mechanism for negotiating on or amending schemes. This is for a fresh planning application. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the area. Reasons for the Recommendation 4. The appeal site is a parcel of open grassed verge with a hedge and some trees which abuts the highway and creates a natural buffer between the road and the dwellings. The appeal dwelling is set back as part of a wider terrace that doesn’t directly front the highway. Many of the verges along the street have been interrupted by vehicle crossovers. As such, the remaining larger parcels of open space have an important influence on the street scene. These features in combination lend a verdant and spacious feel which contributes positively to the character and appearance of the area. 5. The appeal site mirrors the unbroken grassed area on the other side of Trunk Furlong, to which the introduction of a new access would be prominent and obtrusive. It would be highly visible from all approaches and be an obvious and https://www.gov.uk/planning-inspectorate
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/24/3351272 incongruous break in the currently unbroken green verge. The scale of the access would be emphasised by virtue of both the loss of the hedgerow and the access crossing the pedestrian pathway. Whilst a large amount of the verge would be retained, it would still result in an unnatural and urbanising gap in a currently preserved and planned section. 6. Notwithstanding suggested landscaping, a scheme for which I have not seen, interventions of this type would not reinstate the break in the verge which would unacceptably harm the street scene, reducing its pleasant spacious qualities in the above terms. In addition, the hedge remains relatively intact and contributes positively to the natural buffer of the green space regardless of its condition. The verge doesn’t have any special designations, but that doesn’t diminish its importance in its visual contribution. 7. I am unaware of the planning status of 37 Salford Road (No 37) or the policies and prevailing guidance at the time any works thereto were considered.
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — Appeal Decision The accesses are similar; however, the distinct difference is that the crossover to No 37 is limited due to the narrower verge, hedgerow being closer to the highway and lack of a pavement crossover. Photographic examples of other vehicular accesses have been provided; however, they do not lead me to finding in the appellant’s favour. 8. Policy HQ10 of the Central Bedfordshire Local Plan 2021 (CBLP) requires a balancing exercise of the benefits of the proposal against the need to protect the land when concerning the loss of a verge which contributes positively. I have not been drawn to any evidence to suggest existing parking is unsafe or how the scheme would improve pedestrian safety, and any raising of the property’s appeal would be a private interest matter. I therefore give these matters only limited weight. As such, they would be insufficient to outweigh the harm I have found to the character and appearance of the area which, for the above reasons, would lead to conflict with Policies HQ1, HQ10 and EE5 of the CBLP 2021 and the Framework which together seek to ensure that development proposals are of a high-quality design and standard amongst other things. Conclusion and Recommendation 9.
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — Appeal Decision For the reasons given above, the appeal scheme would not comply with the development plan, and I have been given no other compelling reason, taking into account other material considerations advanced, to deviate therefrom. I therefore recommend that the appeal should be dismissed.
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — E Street APPEAL PLANNING OFFICER Inspector’s Decision 10. I have considered all the submitted evidence and my representative’s report and on that basis the appeal is dismissed.
45 Salford Road, Aspley Guise , Milton Keynes, Bedfordshire, MK17 8HT — Central Bedfordshire — John Morrison INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶4
The appeal site is a parcel of open grassed verge with a hedge and some trees, which contributes positively to the character and appearance of the area. The introduction of a new access would be highly visible and obtrusive, and would harm the street scene by creating an unnatural and urbanising gap.
Planning obligations Neutral ¶8
The benefits of the proposal, such as improved parking and pedestrian safety, were insufficient to outweigh the harm caused to the character and appearance of the area.
Policies relied on
| Reference | Weight |
|---|---|
| CBLP 2021 HQ10 |
Moderate |
| CBLP 2021 HQ1 |
Moderate |
| CBLP 2021 EE5 |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 24 March 2025 under the Open Government Licence.