The condition had been attached to permission for three warehouses and four storage containers on a farm, which had replaced the lawful use of the site as a warehouse and the containerised storage of non-food retail goods established through a lawful development certificate. It was anticipated that HGV movements would more than double as a result of the permission and as the access lane was too narrow for two HGVs to pass safely, the local highway authority and council required a passing place to be provided as a condition of the permission.
After reviewing the evidence, the inspector did not consider that the council had shown why a passing place would be necessary, taking account of the unrestricted traffic generated by the lawful development; and the lack of an identified location for the proposed passing place, meaning that she could not be satisfied that the passing place would serve to mitigate traffic impacts. She also took into account the light level of traffic use of the road, and ample visibility to allow avoiding action to be taken including not only mounting the highway verge but also using existing field entrances and other unofficial passing places. She decided that the condition was not reasonable or necessary and, allowing the appeal, varied the permission to delete the condition.
Inspector: Laura Renaudon; Written representations