100-075-924 (Image Credit: Framptons Planning)
The planning application had been refused permission contrary to the advice of planning officers. The council claimed that the local highway network was incapable of accommodating the additional traffic generated by the scheme which would also undermine residential amenity. This was despite the fact that the highway authority did not raise any concerns about the scheme subject to a financial contribution of £318,000 towards improvements to a local railway station which was well used by commuters travelling into Birmingham.
The inspector accepted that at peak times there were traffic queues and congestion at a nearby roundabout. In her opinion, this was generated to a significant degree by on-street car parking and while the appeal scheme would inevitably increase the amount of traffic, the appellants proposed to replace the mini-roundabout with traffic signals. The highway authority accepted that this would provide certain benefits including improving the ability of pedestrians to cross the road. There was insufficient evidence to conclude that the proposed change in the junction would unacceptably increase congestion on the road network.
With regard to the financial contribution the inspector decided that while it was reasonable for the highway authority to seek improvements to the railway station given the anticipated number of people who would use it as a consequence of the scheme, the figure was insufficiently precise. There was no detailed breakdown of the cost of improving the station, she decided. On the other hand, the appellants offered a contribution of £150,000 based on the predicted increase in rail passengers and this was judged to be a reasonable approach.
In allowing the appeal the inspector concluded that the council’s planning committee did not have a clear and rational explanation for rejecting the technical evidence. The evidence presented to the inquiry was based on a non-standard approach to estimating the likely traffic impact based on a single one day survey. Although local residents supported the council’s position this was insufficient to discharge the requirement for it to provide evidence to support its decision given the government’s strong commitment to promoting economic growth.
Inspector Jane Miles; Inquiry
