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Help requested posted on 10th December 2017:

County highway authorizes planning application based upon illegal advice

Our local council have approved a planning application for 6 flats with 4 car parking spaces when regulations require 11. The county highways authority said the cars could park on-street including part pavement in the road, then said it was illegal after we complained obtaining freedom of info data. The road is a busy arterial road which is a major bus route and five large schools. There is a right turn in front of the building and traffic lights. It is seriously dangerous.

What can we do? Are there highway authorities outside of the council we can source help? We are complaining to both councils, but this needs a higher body. Thanks

Bernie Boyce

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Response posted on 11th December 2017 by:
Joe Walker

E: joe.walker@kirklees.gov.uk
T:

County highway authorizes planning application based upon illegal advice

This link is to govt advice on appealing against a planning decision;
https://www.gov.uk/appeal-planning-decision


Response posted on 11th December 2017 by:
Roy Brocklebank

E: roybrocklebank@talktalk.net
T:

County highway authorizes planning application based upon illegal advice

Contact your MP.

As far as advice to park on the pavement, that runs counter to current thinking. Pavement parking in some council areas will lead to a fine.

If the pavement is wide enough then the council should create parking bays. If it isn't, then parking creates an obstruction to wheel chairs and prams and pedestrians.


Response posted on 11th December 2017 by:
Sheila Henley

E: henleysa@aol.com
T:

County highway authorizes planning application based upon illegal advice

The decision is made by the Council's planning authority. The maker may have gone against advice / recommendation of the Council as Highway Authority which is permitted when all other matter are taken into consideration. Parking standards are usually advice, but carry weight if these are approved as a supplementary planning document. Highway safety is very important. You need to check the report and the decision - was it office delegated or by planning committee and what was stated, analysed and concluded. Highways is but one aspect. Any mitigation works required for a development are payable by the developer if it is proven that there remains a severe adverse impact to highway safety, access and network efficiency. There was a case in Leeds that the Authority won on appeal due to adverse consequences of insufficient parking and traffic generation near a signal junction on a busy road. Each case is taken on its merits. You need to seek legal opinion from a planning lawyer on whether the decision is lawful or not based on the decision taken and the content of the report. The previous posts are helpful starting points as well.


Response posted on 11th December 2017 by:
Charles Thompson

E: charles.thompson@novo55.com
T: 07883495768

County highway authorizes planning application based upon illegal advice

There is very little that you can do once a planning application has been approved. You could talk to a private firm of planners or a Solicitor that specialises in planning about this though.

As far as I'm aware, Judicial Review is the only route and, thanks to changes in the law, I think you only have 6 months to apply for a review. You would need to be very sure of your argument.


Response posted on 11th December 2017 by:
Tim Philpot

E: tim.philpot@wolverhampton.gov.uk
T: 07825530346

County highway authorizes planning application based upon illegal advice

Your Planning Authority will probably have parking standards for such developments, these will make judgements about the likely number of spaces needed based on type and location of development and type/number of occupiers. But unless stndards are mandatory it is normal for some flexibility to be exercised and where appropriate an expectation that overspill will park on street nearby. The planning principle for refusing an application enshrined in NPPF is that there has to be "severe" impact on the highway. If the application is already approved I think your only option to stop it is to appeal to the Planning Inspectorate, but this may be lengthy and costly, usually only done by developers who have had applications refused. If the development is going ahead anyway, perhaps you should lobby local councillors to provide mitigation in the form of waiting restrictions where you believe parking would be a hazard.


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