020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
11.11.2019
Planning permission refused for 350 dwellings at Portchester in Hampshire.
This s.78 planning inquiry related to proposed housing development beyond the built-up area boundary and across a railway line.
The appeal was dismissed because of unacceptable harm to pedestrian safety and operation of the public highway arising from the proposed use of the existing railway bridge to access services and facilities in the town.
On the main issue, Inspector Grahame Gould BA MPhil MRTPI, appointed by the Secretary of State for Communities and Local Government, held that should the development proceed, unacceptable harm would arise from the increased use of an existing vehicular and pedestrian bridge, to cross the railway to access services and facilities in the town.
The existing bridge contained no pavement and separated pedestrians from vehicles by a white painted line. The council and appellant had agreed that the development would generate up to 36 pedestrian crossings of the bridge per day, an increase of between 83 per cent and 86 per cent on the present situation and a 22 per cent increase in traffic flow on the bridge, up to 6,750 daily movements.
The appellant had put forward various options for improving safety and traffic flows but in spite of the highways authority entering into a statement of common ground with the Appellant agreeing that two options were acceptable, the Inspector disagreed:
The inspector discounted both these options as either unsafe or resulting in severe delays, conflicting with adopted local plan and NPPF transport policies. This was despite the lack of highways objection.
Please click here for a copy of the decision.
David Lintott acted for the local planning authority in the inquiry.
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