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Cases

The importance of plan led development and road safety

15.06.2021

Planning Permission refused for 190 dwellings at Land at Newgate Lane, Fareham: 

8 June 2021.

This s.78 planning inquiry related to proposed housing development beyond the built-up area boundary. The two appeals for 75 and 115 dwellings were dismissed because of road safety concerns, impact on landscape character and views and conflict with the Council's spatial strategy.

On the main issues Inspector I Jenkins BSc CEng MICE MCIWEM an Inspector appointed by the Secretary of State for Communities and Local Government held that, should the proposals proceed, they would cause significant harm to the character and appearance of the area, have an unacceptable effect on highway safety, they would not be sustainably located with reference to accessibility, and they would fail to minimise any adverse impact on the Strategic Gap. The proposals would conflict with the key Local Plan Policy DSP40, undermining the Council's Spatial Development Strategy. The Appeals should be dismissed even in the face of a significant housing land supply shortfall.

In relation to an arrangement that involved vehicles turning right across two lanes of traffic he found that right turning vehicles gap-seeking to cross 2 oncoming lanes at the proposed junction poses a far greater risk of collisions than the existing arrangement and a significant risk to highway safety. Insofar as Policy DSP40(v) seeks to avoid an unacceptable impact on highway safety, with particular reference to traffic implications, he found it consistent with the Framework and decided that conflict with that requirement would be a matter of the greatest weight.

In relation to the other impacts he found criteria (ii) and (iii) of Policy DSP40 also to be consistent with the Framework insofar as they: recognise the intrinsic character and beauty of the countryside by seeking to minimise any adverse impact on the countryside; promote the creation of high quality places and having regard to the area's defining characteristics, by respecting the pattern and spatial separation of settlements and, seek to ensure that development is sustainably located. He found that conflict with these requirements was afforded considerable weight.

Please click here for a copy of the decision.

David Lintott acted for the Local Planning Authority in the Inquiry. Christopher Boyle Q.C. acted for the Appellant. Cornerstone Barristers regularly acts for both Local Planning Authorities and Developers in a wide range of planning matters. For more information please contact 020 7242 4986 or email clerks@cornerstonebarristers.com.