MKA wins Precedent Planning Appeal against Roads Service.

• 20th June 2013
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• mkaplanning

MKA Planning have successively won a planning appeal for 2 retirement bungalows for over 55’s in a ‘gated’ development at land to the rear of no. 7-19 Ebrington Park.

The proposal was refused on traffic reasons – the application was contrary to  PPS 3 – Policy AMP 2 and DCAN 15. The Roads Service and an Objector submitted that the proposal failed to comply with these policies in relation to concerns over the Ebrington Park / Limavady Road junction, the latter being a protected route.

 

 

The appeal proposal proposed a new direct access connecting onto the public road at Ebrington Park. Policy AMP 2 states that such a type of access will only be granted planning permission where it: – 

(a) will not prejudice road safety or seriously inconvenience the flow of traffic and,

(b) does not conflict with policy AMP 3.

There was no claim from Road Service that this access onto Ebrington Park would prejudice road safety or inconvenience traffic  flow. As Policy AMP 3 applies to new accesses or existing accesses unto Protected Routes the appeal proposal’s access cannot be contrary to that policy’s provisions.

The Commissioner determined that there was no policy justification for refusing the appeal proposal and Road Service’s reasons for refusal where they refer to these documents could not be sustained.

Roads Service concerns about the proposal’s impact on road and traffic safety at the Ebrington Park/Limavady Road junction were also overturned. The Commissioner determined that while the visibility splays at the junction do not meet modern requirements the constituent roads are part of the adopted roads network. MKA demonstrated that the junction’s use would only increase by around 3% which is not a significant numerical increase in traffic.

The Commissioner agreed and determined that the appeal proposal would not have an unacceptable impact upon the convenience of road users or on the prevailing conditions of road safety.  He therefore did not require the Appellant to provide the improved visibility splay onto Limavady Road that he offered as part of his evidence. 

This planning appeal decision finally clarifies the correct policy approach in relation to the use of  Policy AMP 2/3 and DCAN 15 as both the Department and the Commission have adopted differing approaches.

To read a copy of the PAC Decision click below.

Planning Appeal Decision – Ebrington Park

If you are planning a similar residential development or have had difficulties with Roads Service contact Matt or one of the MKA Team at 02871311551 to discuss your proposal today.