6 Cock Hill Lane
Scope
The client had applied to Calderdale Council to reposition the garage which sat to the front of the dwellinghouse. The existing garage ran parallel to the highway and so manoeuvring around the site was an issue. This was compounded by the location of the site, close to a bend on a steep hill
The Council refused the application, stating "The proposed development would not allow adequate sightlines within the site for the safe emergence of vehicles in connection with the use of the site and will result in an intensification of a substandard access and in the detriment of the safe and free flow
of traffic on Cock Hill Lane".
Our Solution
Had this been a new access point to the property then there would have been some validity to the Councils decision. However, this was a betterment to an existing access point and this is the argument we centre'd the case upon when appealing to the Planning Inspector.
Having weighed the evidence we supplied in the Appeal Submission, the Inspector summised "The replacement garage would face the road, thereby providing direct access onto Cock Hill Road. Although visibility would still be substandard, there would be a minor improvement compared to the existing situation given the garage entrance would be located slightly further from the apex of the bend. It would also ensure that the two parking spaces to the side of the garage could be more easily used in addition to use of the garage. Securing this level of off-street parking would be beneficial as it would avoid adding to the obstructive parking that takes place on the road outside."
The Council had also cited that the development would lead to an intensification of the access which was untrue and we successfully argued this point, as the Inspector commented "as the proposal is a replacement garage it would not intensify the use of the access, nor would it create a new access."
This was an especially pleasing appeal to win on a number of counts. Firstly, when appelaing any decision that has been made on the grounds of Highway safety, the strategy and arguments must be especially strong. Secondly, on each of the arguments made, the Inspector was in agreement with us.