A developer is appealing the decision of the Isle of Wight Council to reject planning permission for 57 houses — over a disagreement about whether a road is actually a road.
The proposed outline development of a former campsite in St Helens, on Guildford Road, was rejected last year by the Isle of Wight Council.
Would add to the “road hazards”
In the refusal notice, council planning officers said there would be a ‘significant’ increase in the use of the junction of Guildford Road with the classified Upper Green Road adding to the road hazards, as well as attracting stationary vehicles and giving unsatisfactory access for fire engines to serve the proposed development.
Officers also argued there was inadequate information when it came to archaeological deposits so they were unable to consider the impact the development might have on historic assets — including an air raid shelter on the site.
Appealing the decision
Applicant and agent, Phil Salmon, is appealing the decision, mainly arguing that Guildford Road, an unmade road with no registered owner, is a road upon which traffic regulation orders can be made, contrary to the view taken by the Isle of Wight Council.
During the original application process, according to the appeal statement provided by Mr Salmon, the council determined Guildford Road was private, and not a road to which the public has access under the definition in the Road Traffic Regulation Act — something the applicant rejects.
Salmon: “Legal error” made by IWC
If the road is privately owned, the council is not able to put a traffic regulation order on it — in this case on Guildford Road to secure highway improvements, changing the road, due to the nature of the development.
Mr Salmon said:
“It is common ground that Guildford Road is not a highway … It is, however, a road to which the public has access, and is, therefore, a road.”
He also said the Isle of Wight Council had made a ‘legal error’ by concluding Guildford Road is not a road.
Proposed
Proposals for the highways put forward in the appeals process include making a traffic regulation order on Guildford Road, adding parking control measures around the junction with Guildford Road and Upper Green Road as well as modifying double yellow lines to secure unobstructed visibility for cars leaving Guildford Road.
Mr Salmon said the council ‘should have recognised there is a strong case in favour’ of granting permission subject to a condition requiring highway works and a traffic order achieved prior to commencement of the development.
‘Unreasonable and unjustified’ requests
Other reasons for appeal include the ‘unreasonable and unjustified’ request for additional archaeological information with the appeal statement, saying to ‘refuse the application is all the more perplexing given there is a significant need for housing on the Island’.
The appeal was lodged in April but started in October and will be determined by the Planning Inspectorate.
This article is from the BBC’s LDRS (Local Democracy Reporter Service) scheme, which OnTheWight is taking part in. Some alterations and additions may be been made by OnTheWight. Ed
