Care Home Appeal Succeeds
Angel Homes appealed against the refusal of planning permission for residential care accommodation comprising 83 bedroom care home and 14 Extra Care apartments and 35 car parking spaces, sited just off Torun Way by Guernsey Close.
The decision was issued on Friday 29th January when the appeal was allowed. Subject to a number of conditions the care home now has planning permission and can proceed. The temporary access road also has planning permission so this will at least reduce some of the pressures on Guernsey Lane during the construction process. The developers now have to obtain all the necessary licenses from Natural England to disrupt the great crested newt corridor after which development can start.
It should be noted that the plans allow for 35 car parking spaces for staff and visitors to the residents in the 83 single rooms and also to the residents in the 14 care apartments. Time will tell if this proves to be sufficient or not.
There is no further right of appeal to this (S/RES/09/0167 submitted on 24 April 1998)
The following extracts are from the Appeal Decisions Inquiry held on 24 and 25 November 2009 following a site visit made on 25 November 2009 by by Malcolm Rowe, The Planning Inspectorate, 4/11 Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, 0117 372 6372
email:enquiries@pins.gsi.gov.uk
an Inspector appointed by the Secretary of State for Communities and Local Government
Conditions.
Some conditions have been laid down for the construction phase such as:
2) Works related to the undertaking of the development, including preparation prior to building operations, shall not take place before 0730 or after 1830 hours Mondays to Fridays, before 0800 or after 1300 hours on Saturdays, or at any time on Sundays or Public Holidays.
3) Once the site compound and parking area for site operatives and construction traffic and for the storage of plant, equipment and materials to be used in the construction of the care home and extra care apartments has been constructed, vehicular access to Site H86 for the remainder of the construction phase of the care accommodation shall be from the temporary construction access (permitted under application S/09/0168/IH) from Torun Way only.
1) The development hereby permitted shall begin not later than three years from the date of this decision.
2) No development including site preparation works shall take place on the site until the site compound and parking area for site operatives and construction traffic and for the storage of plant, equipment and materials to be used in the construction of the care home and extra care apartments approved under application S/RES/09/0167/IH have been constructed.
3) No development shall take place until full details of the condition of the site before works begin and proposals for the temporary relocation of any existing trees to be removed for the duration of the construction works associated with the temporary access hereby permitted, and those of the care home and extra care apartments approved under application S/RES/09/0167/IH, have been submitted to and approved in writing by the local planning authority.
4) Prior to the first occupation of the care home and extra care apartments approved under application S/RES/09/0167/IH, the use of the temporary construction access hereby permitted shall be discontinued.
5) Within two months of the date the temporary construction access is discontinued in accordance with Condition 4, the land shall be restored to its former condition (in accordance with the details approved under Condition 3 including all trees and associated landscaping including any trees temporarily relocated for the construction phase) in accordance with a scheme of work submitted to and approved in writing by the local planning authority. Any trees or plants which, within a period of five years from the completion of the restoration of the land to its former condition die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written approval to any variation.
6) No development including site preparation works shall take place until details of wheel cleaning facilities for all vehicles using the temporary construction access have been submitted to and approved in writing by the local planning authority. The wheel cleaning facilities shall be maintained in the approved form while the construction access is in use, unless
8) Notwithstanding the layout indicated on submitted Drawing No 26 Rev C, no development shall take place until details of a revised junction with a visibility splay of 43m by 2.4m between Torun Way and the temporary construction access hereby permitted have been submitted to and approved in writing by the local planning authority. The revised junction shall be maintained in the approved form while the temporary construction access is in use.
Traffic. Regarding traffic, the Inspector said
It is common ground between the parties that the approval of reserved matters in that case was refused because the local planning authority was not satisfied that the development could satisfactorily accommodate an adequate level of car parking together with a choice of transport modes. These matters have since been resolved to the satisfaction of the local planning authority.
Other Matters - Appeal A
34. Haydon Wick Parish Council and local residents have reiterated their objections to the proposal on the basis that the Care Home would be approached off a narrow residential road which may cause highway safety problems, including difficulty of access for emergency vehicles, and disturbance for local residents.
35. However, the Local Highways Authority assesses that Guernsey Lane is an acceptable route for permanent access to the development. Also, it is common ground between the parties that the proposed vehicular access to the site from Guernsey Lane is acceptable in highway safety terms and would not have a detrimental impact on the residents of that road.
36. Guernsey Lane has a width of some 7.3 -7.5m between the Torun Way junction and the pedestrian link. Beyond this it narrows to 4.8m but a footway is provided, so minimising the potential for conflict between vehicles and pedestrians. The guidance in Manual for Streets is that a car and a commercial vehicle can pass in a road 4.8m wide. This applies to moving vehicles but I accept in this case would equally apply where one vehicle is stationary. I also accept that the gently curving alignment of the road and occasionally parked cars would serve to reduce traffic speeds in Guernsey Lane. I have also taken into account the nature of the proposed development. Residents of the Care Home are not generally expected to use their own cars, while the provided Sustainable Travel Plan includes specific measures to reduce car use by staff and visitors. Also, relatively few dwellings are served by Guernsey Lane.
37. On the evidence before me including my inspection of the site and surroundings including both walking and driving to the site along Guernsey Lane, I see no reason to disagree with the view of the Highway Authority and the main parties. I therefore find that the use of Guernsey Lane as a permanent access to the site is acceptable on highway safety grounds and would not adversely impact on the living conditions of the residents of Guernsey Lane.
By providing site operatives and large construction vehicles with a shorter, wider and more direct route into Site H86 than Guernsey Lane, the temporary access in my opinion would also significantly reduce the adverse impact of the building works on the living conditions of the majority of local residents whilst reducing the general risk of accidents.
(Hat tip GBH)
