Refusal of Planning Consent

Local Hearing and Evidence

Refusal of Planning Consent – Part Two

Not all developments can comply fully with all highway standards and it is often the case that a balanced decision must be made against the impact of a development, compared to its existing lawful use. This may include consideration of the net traffic generation implications of a development and the quality of the present facilities compared to those that are proposed. In these cases it is particularly important that the comparisons are made in a methodical and justifiable manner that allows a clear judgement of the developments impact and benefits to be established by the Planning Inspector. This evidence is normally drawn from the Transport Assessment/Transport Statement or Travel Plan which may then be augmented by any additional evidence to rebut the specific reasons for refusal.

To support its decision and reasons for refusal the Local Planning Authority produces its own evidence which, where highway issues are involved, will normally require the input of the Highway Development Control or Traffic Engineer. Once evidence has been submitted to the Inspectorate it is exchanged between parties and it is possible for comments to then be made to the Inspectorate as a rebuttal of the evidence submitted.

The above process also applies to third party objectors who submit written evidence in support of their “highway concerns” over the development and the Highway Engineer normally provides a response to these objections even if they do not follow the specific reasons for refusal of the Local Planning Authority.

Together with the examining of all written evidence the Inspector will visit the Appeal site and will form their own view on the merits of the case and report accordingly their decision.

Local Hearing

In the local hearing procedure the above is followed as a written statement of the evidence that both parties will produce or draw on at the hearing. It is normal at hearings for the Inspector to have read the supporting evidence and to have visited the site before opening the hearing. The Inspector will then advise the parties on what key issues they wish to discuss and will ask the parties to state their case. From this the Inspector led discussion will begin in which, in addition to the Local Planning Authority and the Appellant, third parties can also voice their views. It is usual for the Appellant to be supported by their Highway Engineer who will be directly involved in the discussions and prior to the hearing will have provided the written evidence.

Hearings are normally followed by a second Inspector site visit at which the Inspector can, if they choose, continue the discussions on site and ask the parties to explain or clarify any matter arising from the hearing. The Inspector will again form their view on the merits of the case and report accordingly their decision at a later date.


What Our Clients Say:

Swept Path Analysis and Visibility Drawing incorporated into a Technical Note, Proposed Residential Dwelling, Colchester.

Planning permission approved finally, I am certain it was your input when you asked for the refusal to be put into writing so it can go to appeal… well done & thank you again. Nicholas Perks, Wyvern Building

Highway Statement, Proposed Residential Development, Stockport

Just want to pass on my thanks and appreciation. Your knowledge and speed at looking at the issues were incurred was superb. Hopefully we’ll have the pleasure of working together in the future. Craig Ashton, Managing Director, CPA Bespoke Joinery Ltd.

Transport Assessment, Proposed Residential Development (170 dwellings), Essex

This report is of the highest quality and detail and draws the conclusions we had hoped to see. Thanks to you and the team for this, we will certainly be using Sanderson Associates on future projects. Tom Helliwell, Managing Director, Class Q Ltd

Speed Survey, Proposed Private Residential Development – Testimonial

Thank you so much for your fast and efficient service, the speed survey was conducted efficiently and the report given has really helped our planning application process with highways moving forward. Communication from yourselves was also fantastic and swift. Would most definitely recommend you to everyone. Much appreciated! Ismail Chopdat (Private Individual)

Access Feasibility Study, Proposed Private Residential Development – Testimonial

I have recently worked on a project with Karen and Ashley at Sanderson’s and they were extremely helpful, professional and worked to my extremely tight deadline. I have no hesitation in recommending this company their attention to detail and professionalism was much appreciated. Rosie Marsh (Private Individual)

Analysis of Speed Survey and Swept Path Analysis

Brett and the Sanderson’s team were invaluable to us in obtaining highways consent which in part cleared the way for our planning application to be approved. They provided a proactive professional and personable approach to satisfy and fulfil the Cambridgeshire highways requirements. We recommend them and will use them again. Daykin Waters Waters Developments

Stage 2 Road Safety Audit, Residential, Staffordshire

Sanderson Associates were the successful bidder for carrying out a Stage 2 Road Safety Audit on behalf of TSP Projects. Their team were committed to the tight programme, and not only did they undertake the audit and agree terms and conditions in a short space of time they were receptive and flexible with planning the […]

Construction Traffic Management Plan

Sanderson Associates have been very helpful for us and our clients. They proved efficiency and competitive pricing. Thank you for your services. Andreea Raicu, Architect, Tang & Associates Ltd

Flood Risk Assessment, Testimonial, Industrial Development, Sheffield

Sanderson’s were a great in helping us with our planning application for a new material silo at our manufacturing base in Sheffield. Darren was efficient and swift in his discussions with the council on the need for a flood risk assessment on the site. Darren’s knowledge of the site and surrounding area and consequent discussions […]

Travel Plan

We have worked with Ashley, found the service very professional, efficient and cost-effective. We received the surveys and reports on time and were kept fully appraised with everything, excellent service all round. Recommend using Sanderson again in the future. Thank you, Al Ihsan Trust

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Local Hearing, Evidence, Appeal, Transport Assessment, Transport Statement, Travel Plan
Local Planning Authority, Highway Development Control, Inspectorate, Highway Concerns
Highway Engineer, Local Hearing, Written Statement of Evidence
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