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Q&As
Highway hell
We are trying to get planning permission for a piece of land at the side our our house. The planning department is fine with it in principle, but it has been declined by the highways authority because of substandard visibility. We have tried to solve this matter with highways to no avail, even though the plans we submitted seem to be within its requirements. We have done research and found that in 1992 a property two doors down from us was given planning for a development even though highways had said the same thing and this planning was even renewed twice, ignoring what highways had to say. Are precedents set in planning and will this count in our favour?
Answers
Where the highways authority objects to a planning application, the planning officers do not have to follow the objection. It certainly seems unfair that a similar permission has been granted nearby, but in planning a precedent doesn’t carry very much weight. The real issue here is highway safety and the visibility requirement changes depending on the speed of traffic or the speed limit. For most purposes, the highways authority relies on the speed limit, but you can get a speed test done if you think traffic is moving routinely below the speed limit. Firm evidence of slow speeds, or a very light traffic flow, might help you to convince the planners to overrule highways. Finally, try speaking to your local councillor and explain that you think the situation is unfair. Councillors are susceptible to the issue of fairness and might be prepared to support you.
