- Decision
- allowed, 28 August 2026
- Decided by
- Planning Inspector: R Major
- Authority
- Blackburn with Darwen (North West)
- Appeal reference
- 6007521
- Application reference
- 10/24/0884
- Procedure
- written representations
- Development
- Appeal against condition requiring zebra crossing as part of replacement mosque permission
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM6, TR6(4), TR4(1)(c)
- Development plan policies
- Blackburn with Darwen Local Plan 2021-2037 DM29
- Main issues
- necessity of highway condition
Summary
The requirement for a zebra crossing on a replacement-mosque permission was deleted. An extant extension permission without that requirement was a substantial-weight fallback with similar trip generation, and the existing refuge islands were safe and well used. The Inspector found no conflict with TR6, TR4 or DP3.
What made the difference
The fallback comparison of trip-generating floorspace, plus the Inspector's own observation and the appellant's pedestrian survey showing the refuges were used (DL ¶¶8–11, 16–17).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6 | pass | zebra crossing not reasonable or necessary; footway widening retained (DL 21-22, 24) | |
| TR6(4) | pass | extant extension permission (no crossing) fallback given substantial weight; limited extra trips (DL 8-12, 23) | |
| TR4(1)(c) | pass | existing refuge islands well used and safe for disabled people, older people and children (DL 15-20, 23) |
Key facts
- Accident record mostly vehicle collisions, not linked to pedestrian crossing need
- Parties consulted on 2026 Framework
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.