Dropped kerb - appeal

rase111

Hi,

I would be really grateful for views after having my application for the extension of a dropped kerb rejected.  

Background
 

I applied to have my existing dropped  kerb extended from 3.6m to the width  of my drive 5m similar to all neighbouring properties on my road.   However, there is a front garden boundary wall and parking bay located outside of my property so as part of my application both would have to be removed.  The council planning team prior to submitting an application advised me that the Highways team is responsible for the removal/relocation of the parking bay and a planning application to the planning team would be required for the removal of my front boundary wall to accommodate an extension to the dropped kerb.   The highways team confirmed via email to the planning team that they will remove the boundary wall once I obtained planning permission.

I don’t live in a conservation area and have support from my neighbours.  

Question/Issue 

In the planning refusal letter and report the head of planning development makes no reference to the boundary wall.  Instead acknowledges that the other properties on the road have extended drives/dropped kerbs.  They also state that by virtue of the loss of the existing on street parking bay, would exacerbate the existing parking stress on the road.

Before submitting my application I received email confirmation that the bay would be removed by the highways team once I obtained planning permission to remove my front boundary wall.   I’m confused as I was told this wasn’t a planning decision instead one for the highways team. 

Should I appeal this decision?  I have emailed the planning team abs decision maker but not had a response.
 

Any past experience or views with such matters? 

rase111

****correction the highways team confirmed that they will remove the parking bay not the boundary wall*****

anselld

It costs nothing to appeal, so there is nothing to lose.  I have seen plenty get approved on appeal too.
It is ultimately a planning decision.  Highways are consultees.

rase111

Many thanks for your response.  I will appeal.  I just feel like I have been misled as pre application I was advised otherwise by the respective departments.  

anselld

rase111 said:

Many thanks for your response.  I will appeal.  I just feel like I have been misled as pre application I was advised otherwise by the respective departments.  

I can't see how you have been misled, they stated it is a planning decision and highways agreed to make the changes if planning were to be granted (they would have no choice but to comply anyway).

In any case pre-application advice is fairly pointless as it cannot be relied on in any way.  It is purely an off-the-record opinion.

greatcrested

rase111 said:

I applied to have my existing dropped  kerb extended ... OK

The council planning team prior to submitting an application advised me that the Highways team is responsible for the removal/relocation of the parking bay  So once your application was approved, Highways would remove the bay etc

and a planning application to the planning team would be required.. hence your planning applcation

The highways team confirmed via email to the planning team that they will remove the boundary wall once I obtained planning permission. as above. Once Planning approval granted, Highways will take action. - just as the planning team said above

In the planning refusal letter and report the head of planning development makes no reference to the boundary wall.  so presumaby the wall was not the reason for the refusal. You don't say.

Instead acknowledges that the other properties on the road have extended drives/dropped kerbs.  Planning law changes. Priorities change. Accident statistics change. So just becuse others have ealier been granted planning consent does not mean future applications will be granted.

They also state that by virtue of the loss of the existing on street parking bay, would exacerbate the existing parking stress on the road. As traffic volumes/resident numbers increase, the loss of parking bays becomes more relevant.
Before submitting my application I received email confirmation that the bay would be removed by the highways team once I obtained planning permission to remove my front boundary wall.

As stated above by both Highways and Planners - If and only if the application succeeds, Highways will dowhat is necessary

  I’m confused as I was told this wasn’t a planning decision instead one for the highways team.

Not according to what you've written. Everything you've said here points to this being a Planning decision, with Highways then following that decision. Indeed, you yourself said above:

"The highways team confirmed via email to the planning team that they will remove the boundary wall once I obtained planning permission."

You did not get PP, therefore Highways will not remove the bay.

rase111

Thanks again for your response.  

Why I feel I have been misled is because before my planning application was submitted the highways team agreed that they would remove the parking bay.  They advised that all I needed to do was to seek permission to remove my front boundary wall. This was subsequently agreed and confirmed by the planning department.

Why I am confused is because the refusal does not reference the boundary wall.  It is not clear if I am permitted to remove my boundary wall. 

rase111

greatcrested said:

rase111 said:

I applied to have my existing dropped  kerb extended ... OK

The council planning team prior to submitting an application advised me that the Highways team is responsible for the removal/relocation of the parking bay  So once your application was approved, Highways would remove the bay etc

and a planning application to the planning team would be required.. hence your planning applcation

The highways team confirmed via email to the planning team that they will remove the boundary wall once I obtained planning permission. as above. Once Planning approval granted, Highways will take action. - just as the planning team said above

In the planning refusal letter and report the head of planning development makes no reference to the boundary wall.  so presumaby the wall was not the reason for the refusal. You don't say.

Instead acknowledges that the other properties on the road have extended drives/dropped kerbs.  Planning law changes. Priorities change. Accident statistics change. So just becuse others have ealier been granted planning consent does not mean future applications will be granted.

They also state that by virtue of the loss of the existing on street parking bay, would exacerbate the existing parking stress on the road. As traffic volumes/resident numbers increase, the loss of parking bays becomes more relevant.
Before submitting my application I received email confirmation that the bay would be removed by the highways team once I obtained planning permission to remove my front boundary wall.

As stated above by both Highways and Planners - If and only if the application succeeds, Highways will dowhat is necessary

  I’m confused as I was told this wasn’t a planning decision instead one for the highways team.

Not according to what you've written. Everything you've said here points to this being a Planning decision, with Highways then following that decision. Indeed, you yourself said above:

"The highways team confirmed via email to the planning team that they will remove the boundary wall once I obtained planning permission."

You did not get PP, therefore Highways will not remove the bay.

I note all of this however, there has been no reference to the boundary wall which is why I feel that I have been misled.   Prior to my application highways agreed to remove the bay.  

rase111

anselld said:

rase111 said:

Many thanks for your response.  I will appeal.  I just feel like I have been misled as pre application I was advised otherwise by the respective departments.  

I can't see how you have been misled, they stated it is a planning decision and highways agreed to make the changes if planning were to be granted (they would have no choice but to comply anyway).

In any case pre-application advice is fairly pointless as it cannot be relied on in any way.  It is purely an off-the-record opinion.

I had no idea and will reconsider any pre-application advice for any future applications.    I have confirmation in writing from both departments.  Not sure if this makes a difference or it is still off the record.  

sheramber

  I’m confused as I was told this wasn’t a planning decision instead one for the highways team. 
Who told you?
You already said
The council planning team prior to submitting an application advised me that the Highways team is responsible for the removal/relocation of the parking bay and a planning application to the planning team would be required for the removal of my front boundary wall to accommodate an extension to the dropped kerb. 

Why I am confused is because the refusal does not reference the boundary wall.  It is not clear if I am permitted to remove my boundary wall. 
If removing the boundary wall was part of one application for the dropped kerb and removal fo boundary wall,  then  the whole application has been refused- dropped kerb and boundary wall.

rase111

Thank you.  I hope I’m not over complicating it or being irrational.  

Either way I will appeal as I am not in a conservation area so don’t understand why removal of my wall would be refused.  I apologise but for me it is confusing so I really appreciate the responses.    

If highways said that they would not remove the bay I would understand.  The point is they have agreed to move the bay.  The issue acknowledging everything else, new policies etc is the boundary wall for me and the advice I received prior to submitting an application.