Freedom of information response
Dropped Kerbs & Planning Consent
Request 1 – Dropped Kerbs
Please provide all details, submissions, plans, specifications, consultations with the planning department and elected members who may have been consulted in this matter including the actual conditions of approval as issued in the application as received by the council for the formation of a dropped kerb and vehicle parking area on the front elevation of the property known a X Rowley Road, Orsett, Grays Essex
Request 2 – Planning Consent
Please provide full details of the planning consent that was applicable at the time consent was given and in particular that section of the planning consent which may have applied to the parcel of land which runs parallel with Rowley Road, including all tree preservation orders put in force to the same parcel of land now consisting of house numbers X-XX Rowley Road.
In response to your Freedom of Information request, please find details relating to the application for the vehicle crossing at X Rowley Road, Orsett:
The Council received an application for a standard vehicle crossing (dropped kerb) 10th April 2021
The application was for a standard width crossing as per the Council’s vehicle crossing policy https://www.thurrock.gov.uk/dropped-kerbs/use-of-dropped-kerbs
The application was received by the Council’s Reactive Maintenance team who administer Vehicle Crossing Applications – this isn’t generally a Planning function.
Public consultation (similar to that for building & planning functions) are not undertaken for Vehicle Crossings, as the Highway authority, we are simply determining whether permission can be granted to cross a footway and access the public highway.
The application was initially refused in January 2022 due to the potential impact on trees assumed to be subject to preservation orders.
The refusal was appealed by the applicant on the grounds that there were in fact no Tree Preservation orders at the property.
This was referred internally to Planning who confirmed the Tree Preservation Orders were revoked around the time of the Orsett Hospital development.
Whilst it was clear that Tree Preservation Orders had been revoked, concerns remained regarding the impact on the Street Scene, this was communicated to the applicant on 4th February 2022. The applicant was advised that further clarification was being sought from colleagues in Planning to provide a definitive stance solely on Planning implications and Planning Constraints.
Having reviewed the case and after referencing other potential appeal decisions, case laws and Permitted Development Rights, the Principle Planner of Development Management advise that there were no constraints on planning grounds that could be applied.
Knowing the potential sensitivities around the case and after receiving a further appeal from the applicant in 2023, the Strategic Lead for Highway Infrastructure also raised concerns with local ward members by email in February 2024.
Whilst also appreciating the potential impact on the street scene, local ward members agreed that we had no grounds to refuse the vehicle crossing application.
Following appeal, the final approval was issued to the applicant on 19th April 2024.