Appeal 6006557

The appeal is dismissed.

The main issue is the effect of the proposal upon the safe and efficient use of the highway.

The appeal property is a two storey, end terrace building that was seemingly at one time used by the local Police constabulary. It is of local split faced stone and presents a double fronted aspect onto the corner of [address] and [address]. The house is semi detached presumably having been split sometime following its construction and the site in question occupies one half of this building with its main entrance to the rear. To the rear a driveway is accessed off [address] where there is off street parking.

The appeal property is a fairly prominent building within an area of distinctive terrace streets. It is visible on its corner plot and is bounded by a traditional stone wall which I consider is a traditional feature of the site and the area.

The proposal before me would see the creation of off street parking to this principal frontage. The scheme would also include a dropped kerb so as to allow access from the highway. The access would be located very close to the junction of [address] and [address] around the point of the give way junction.

In assessing this appeal, I am aware of policy CF6 of the High Peak Local Plan (2016) which aims to ensure safe and accessible developments that do not cause harm or potential harm to road users. I am also aware of policy EQ6 which aims to manage new development and ensure such development is sustainable and responds well to an area’s context. Appeal Decision Appeal Ref: 6006557

In this case, I understand that the roads around the appeal site are designated at 30mph. In practice this may be lower, but equally, in some cases it may be higher and I have no evidence before me to dispute the opinion of the Council’s Highways Officer in their opinion that access here would be unsafe. The proposed vehicular access is nearly directly upon the junction here and, whilst the road is relatively wide, the practice of manoeuvring a vehicle near to the potential line of approach of other vehicles appears to be in direct conflict with Policy CF6.

Indeed, as the Council have stated, I consider that the visibility here would not be sufficient and that the proposed scheme would cause a direct and dangerous potential hazard. [name] understand the Appellant’s concerns with regards the existing access onto [address], I can in no way see how this proposed access would be better or safer. Further to this the area is distinctive and this property represents an important historic building upon a prominent junction. I find therefore that there would be a certain amount of harm to the character of the area were cars to be parked upon more of this frontage.

As such, the proposal before me does not constitute a safe nor sensible area for parking a vehicle and as such I find conflict with Policy CF6 of the Local Plan. As such the appeal must fail.

The proposal would cause harm to the safe and efficient use of the highway. As such, for the reasons given above, whilst taking into account all other matters raised, I dismiss this appeal.