The three reasons for refusal related to the proposed vehicular access, provision of sufficient turning space for delivery vehicles and failure to make efficient use of the land by sterilising the previous outline consent to the north. The need to provide affordable housing was also raised post determination.  

The Council, as advised by the Highway Authority, considered that the nature of the road and the traffic information provided indicated that the standards set out in Design Manual for Roads and Bridges (DMRB) should be applied to the proposal. The provision of a 90m visibility splay as required by DMRB could not be achieved. HPP argued that the guidance contained within Manual for Streets (MfS) would be more appropriate guidance to apply. The road did not fall within a textbook definition of a street; however the Inspector agreed that it had characteristics similar to that displayed by a street. He therefore accepted that a reduced level of visibility would be appropriate, enabling a more flexible approach to access design.

With regard the efficient use of land and the provision of affordable housing, it was successfully argued that the proposal, whilst sterilising the previous outline planning permission, would not prevent the future development of the site to the north. The Inspector therefore agreed that a new application could be submitted for the area to the north utilising the access of the appeal proposal and making greater efficiency of the land as encouraged by PPS3: Housing.  The provision of affordable housing was also successfully rebutted on behalf of the appellant. 

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