Disputed condition requiring pedestrian refuge deleted with costs to developer

A condition imposed on a planning permission for 85 dwellings in Warwickshire which required the provision of a pedestrian crossing across a trunk road was deleted as being unnecessary with costs being awarded to the appellant.

The appellant had discussed the scheme with Highway England (HE) and had undertaken further survey work. HE confirmed that it was not necessary or desirable and the application had been recommended for approval. There was little evidence to suggest that existing crossing facilities needed to be upgraded nor that the new facility would materially improve the safety of people crossing the road the inspector concluded. The planning committee had been informed of the conclusion of HE and the practical difficulties in providing a crossing. Consequently the application should have been allowed and costs were awarded to the appellant.

Inspector: William Fieldhouse; Written representations


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