Planning Appeal Response by Highway Services Officer: SE · 2020-01-16 · Planning Appeal Response...

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Planning Appeal Response by Highway Services

Date of Response: 17th October 2019

Planning Application Reference: 18/00987/B

Planning Appeal Reference: L09-13/AP19/0047

Location: Field 433129 Land Adjacent To Knock Rushen Scarlett Road Castletown Isle Of Man

Description: Appeal against the refusal of the erection of 48 dwellings with associated access, parking, open space and landscaping

Highway Comments: The highway related reason for refusal (no. 3) of the planning application as determined by Planning Committee was:

“3. The existing highways within Knock Rushen due to their width and alignment and taking into account the incidence of on-street parking therein, it is considered that the additional traffic generated by the proposed development would have a detrimental impact on both highway safety and the living condition in Knock Rushen, contrary to Transport Policy 4 of the Strategic Plan.”

Highway Services and the Planning Department did not oppose the application subject to planning conditions.

Highway Services have provided previous comments in relation to this planning application on 5th November 2018, 16th January 2019, 21st February 2019, 25th June 2019 and finally 26th June 2019. The first three responses stated an objection whilst the latter two responses stated that there was not an objection but suggested planning conditions.

The latest highway comments of 26th June 2019 relating to the planning application are provided in Appendix A and should be referred to as they remain valid for the planning appeal against the refusal of that application. In addition, it is requested that the following information is taken into account when determining this planning appeal:

The Planning Officer report of 4th July 2019 recommended that the application be approved subject to Legal Agreement. The report put forward a number of highway related planning conditions.

The appellant has stated that one of the grounds for the appeal is that: ‘There were no objections of a technical nature from the Department of Infrastructure Highways Services, Manx Utilities, Manx National Heritage or DEFA. The application is fully compliant with all technical requirements including highways.’ The Highway Officer who attended the Planning Committee Meeting of 15th July 2019 confirmed that the highway related proposals were in accordance with the ‘Manual for Manx Roads’ (MfMR), refer below.

Highway Officer comments made at the Planning Committee Meeting of 15th July 2019

In light of all the objections received to the planning application, at the Planning Committee meeting Highway Services acknowledged that the proposed site access arrangements are not ideal. However, they do comply with

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the standards in the (MfMR) design guide which specify a minimum road width of 4.8m which is as proposed from the adjacent existing Knock Rushen site recently constructed. A footway is also proposed on one side along the site access which is deemed adequate, although it is acknowledged that a footway on either side would have been better but there would be inadequate room to create such.

The proposals have been supported by a Stage 1 Road Safety Audit (RSA) and swept path analysis to show that a car could pass a refuse vehicle at the site access and within the site. The proposed junction table at the site access junction should further improve highway safety by reducing vehicle speeds and highlighting the presence of the new junction to highway users currently familiar with travelling around the bend on the existing highway layout.

It should be noted that the UK’s ‘Manual for Streets’ (MfS) design guide permits new road layouts that are sufficient to accommodate all the vehicle movements for a refuse vehicle, including turning around, even where it would not be possible for the refuse vehicle to pass a car or parked car on all or part of the road network.

A large refuse vehicle is bigger than the largest emergency vehicle of a 9.6m length fire appliance used on the island, therefore having demonstrated sufficient access for a refuse vehicle also shows that adequate access for all emergency vehicles would be achievable for Knock Rushen. The emergency access link to the site via the staggered padlocked gates would also enable adequate alternative access to the site if the main site access was temporarily closed for any reason. It is anticipated that this route would need to be temporarily used for general traffic during any period of future highway maintenance or utility works at the site access from Knock Rushen.

The new roads within the development site itself would be 5.5m wide which is better than the 4.8m wide site access from Knock Rushen and is considered sufficient to serve the proposed number of 48 dwellings.

Further information in support of the latest highway response

Highway Services undertook 3 site visits to the proposed development site. The first visit was undertaken prior to writing the 16th January 2019 highway response during a weekday early afternoon. There were only a couple of parked cars observed in the vicinity of the site access and no double parking. The 2 subsequent site visits were undertaken on 5th February 2019 between 18:20 and 18:40 and 6th February 2019 between 08:00 and 08:20; these evening and morning surveys indicated limited on-street parking. The photographs taken during the February surveys and their locations are provided in Appendix B.

It is noted that at the Planning Committee meeting the planning case officer showed a photograph of 2 vans parked opposite each other on Knock Rushen on the approach to the development site access junction adjacent to the newly built properties. It is accepted this would result in a large vehicle having difficulty in passing.

This scenario was not observed when Highway Services carried out their site visits but it is acknowledged that on-street parking will be worse at some times than others. This was why Highway Services undertook 3 separate surveys at different times of the weekday to try and best understand the varying nature of on-street parking demand in the vicinity of the site. The extent of on-street parking observed by Highway Services during all 3 visits was not excessive and was not considered to be sufficiently significant to warrant a highway objection to the planning application.

Highway visibility at the site access junction and on the internal bends within the site would be acceptable, and in accordance with standards.

Summary

Highway Services does not oppose the application subject to the following conditions that were listed in the Planning Officer report of 4th July 2019: 2, 3, 4, 5 (with revised text from condition d) below), 6, 7, 8, 9, 10 and 12.


Although some of the highway issues raised could be dealt with as part of a Section 4 Highway Agreement (of the Isle of Man Highways Act 1986), the planning conditions are needed in case the development roads would be private if the outstanding highway issues could not be agreed at detailed design stage to facilitate highway adoption.

a) The visibility splays shown on drawing nos. ITB13442-GA-001 revision E and ITB13442-GA-011 revision C must be provided and permanently maintained, with no obstructions above 1m in height within the visibility splay areas, and included in the property deeds accordingly to protect highway visibility and highway safety.

b) A new pedestrian/cycle link to the existing school at the north corner of the site is to be provided as part of this development to promote sustainable transport to/from the site.

c) A new junction table is to be introduced at the proposed site access junction in the vicinity of existing property no. 12 Knock Rushen where a change of priority is proposed. Reason: in the interest of highway safety.

d) For the first 12 months following full occupation of the development, the applicant must undertake surveys of the speed of traffic on the estate road, the details of how the survey will be undertaken must be approved by the Department and the survey undertaken in accordance with these details. If the 85%ile speed of traffic is found to be higher than 25mph the applicant must provide details of how the management of the speed of traffic within the estate will be achieved and these measures implemented in accordance with the approved details.

e) The new access roads are to be constructed up to at least base course level prior to the occupation of the dwellings to ensure there is adequate access to/from the site.

f) The details of the staggered padlocked gates at the proposed 3.5m wide pedestrian/emergency link are to be agreed with the emergency services prior to the occupation of the development.

g) The parking areas shown on drawing no. ITB13442-GA-011 revision C are to be provided and permanently maintained unobstructed for parking use only to comply with the parking standards.

h) A Construction Traffic Management Plan is to be submitted and agreed prior to the commencement of any construction work to maintain safe and adequate site access arrangements for construction traffic and other highway users.

i) The pedestrian route between the development site and Farrants Way is to be improved with dropped kerbs with tactile paving to comply with the active travel strategy and equality act.

It should be noted that under highway legislation a Section 109A Highway Agreement (of the Isle of Man Highways Act 1986) is required to legally implement the proposed site access junction if the proposed highways for the development would remain private unadopted roads. Should planning permission be granted, the applicant would need to provide further information to Highway Services to enable Highway Services to adopt the proposed highways under a Section 4 Highway Agreement of the same act.


Appendix 1

Planning Application Response

Date of Response: 26/06/19

Date of Application:

Application Reference: 18/00987/B

Location: Field No. 433129, Land Adjacent to Knock Rushen, Scarlett Road, Castletown

Description: Erection of 48 dwellings with associated access, parking, open space and landscaping

Highway Comments: Following the previous highway response dated 21/02/19, the applicant has submitted additional plans and a Stage 1 Road Safety Audit (RSA) and the highway comments are as follows:

1. Drawing no. ITB13442-GA-011 revision C shows the forward visibility envelopes on the internal highway bends. There must be nothing above 1m in height within the visibility splay areas and the proposed landscaping on the plot frontages should be specified accordingly which could be secured via a planning condition. The applicant has stated that the property deeds would include provision for this.

2. The visibility splays shown on drawing nos. ITB13442-GA-011 revision C and ITB13442-GA-001 revision E are acceptable provided that the development is subject to a 20mph speed limit for which a planning condition is needed for a Traffic Regulation Order (TRO).

3. As previously requested by Highway Services, a new pedestrian/cycle link to the existing school at the north corner of the site should be provided as part of this development to promote sustainable transport to/from the site in accordance with the active travel strategy. A planning condition is requested to secure this.

4. The Stage 1 RSA is accepted by Highway Services subject to a planning condition for a new junction table to be introduced at the proposed site access junction, where the existing highway bend at existing property no. 12 Knock Rushen is to have a change of priority into the site rather than around the highway bend. This should slow traffic approaching the site and alert drivers familiar with the current layout to the proposed revised junction layout. The junction table should be extended to between plots 1 and 2 and include the side road adjacent to plot 31. A planning condition is needed for this.

5. The swept path analysis drawing no. ITB13442-GA-002 revision E shows that a refuse vehicle and car could pass each other at the site access junction. Drawing no. ITB13442-GA-009 revision B shows that a refuse vehicle could manoeuvre and turn around within the proposed site layout. It would not be possible for two refuse vehicles to pass each other in places as shown on the plan but this is not a requirement as it should not occur in reality.

6. Proposed site plan no. 002 rev A (Hart 44) would be acceptable only if 2m wide service strips were introduced adjacent to all the proposed plots on roads where there is no footway, and subject to detailed design and any amendments required by Highway Services as part of a Section 4 and/or Section

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109A Highway Agreement. The proposed highway layout would not be adopted without 2m wide service strips.

7. The position of the proposed traffic calming ramps is subject to potential change as part of a future Section 4 Highway Agreement. This is to enable the footways to terminate at a suitable point with dropped kerbs and tactile paving provided to facilitate level pedestrian access between the footways and the block paved shared surface routes.

8. Each dwelling would have 2 adequate size driveway parking spaces to comply with the parking standards. The proposed internal road widths would be at least 5.5m which should be sufficient to allow cars to manoeuvre in and out of the driveways.

9. The traffic flow spreadsheets have been provided as previously requested. Whilst the development would increase the traffic in the area, the traffic impact is deemed acceptable as it should not cause significant delays to the operation of the public highway network.

10. The applicant has stated that a planning condition for a Construction Traffic Management Plan would be acceptable. This should include details of wheel wash/jet wash facilities, site compounds, and timing and routing of all construction traffic which must exclude routes through Castletown that are subject to weight limits.

11. The drainage and lighting proposals already submitted have not been reviewed and would be considered at a later date as part of the Section 4 and/or Section 109A Highway Agreements.

12. It should be noted that the public open space areas shown on drawing no. 008 revision A would not be adopted by Highway Services.

13. A planning condition would be required for the details of the staggered padlocked gates at the proposed 3.5m wide pedestrian/emergency link to be agreed with the emergency services prior to the commencement of the development.

14. The applicant would have to propose suitable arrangements for access to/from the development site to enable future highway maintenance works to be undertaken for the site if it was to become adopted, due it being served via a single 4.8m wide existing road which could not accommodate traffic past any highway works. This would have to be agreed separately as part of a Section 4 Highway Agreement for the development to be adopted.

15. The pedestrian route between the development site and Farrants Way would need to be improved as part of the proposals to comply with the active travel strategy and equality act, by providing suitable dropped kerbs with tactile paving along both sides of the existing route where such facilities do not currently exist. This can be secured via a planning condition.

Summary

Highway Services does not oppose the application subject to the following conditions. Although some of the highway issues raised could be dealt with as part of a Section 4 Highway Agreement, the planning conditions are needed in case the development roads would be private if the outstanding highway issues could not be agreed at detailed design stage to facilitate highway adoption.

a) The visibility splays shown on drawing nos. ITB13442-GA-001 revision E and ITB13442-GA-011 revision C must be provided and permanently maintained, with no obstructions above 1m in height within the visibility splay areas, and included in the property deeds accordingly to protect highway visibility and highway safety.

b) A new pedestrian/cycle link to the existing school at the north corner of the site is to be provided as part of this development to promote sustainable transport to/from the site.

c) A new junction table is to be introduced at the proposed site access junction in the vicinity of existing property no. 12 Knock Rushen where a change of priority is proposed. Reason: in the interest of highway safety.

d) A Traffic Regulation Order is to be provided for a 20mph speed limit as this is the speed needed to achieve adequate highway visibility for the proposed highway layout in the interest of highway safety.


e) The new access roads are to be constructed up to at least base course level prior to the occupation of the dwellings to ensure there is adequate access to/from the site.

f) The details of the staggered padlocked gates at the proposed 3.5m wide pedestrian/emergency link are to be agreed with the emergency services prior to the occupation of the development.

g) The parking areas shown on drawing no. ITB13442-GA-011 revision C are to be provided and permanently maintained unobstructed for parking use only to comply with the parking standards.

h) A Construction Traffic Management Plan is to be submitted and agreed prior to the commencement of any construction work to maintain safe and adequate site access arrangements for construction traffic and other highway users.

i) The pedestrian route between the development site and Farrants Way is to be improved with dropped kerbs with tactile paving to comply with the active travel strategy and equality act.

It is requested that Highway Services are consulted on conditions b, c, d h and i.

Recommendation: DNOC


Appendix 2

Photo Location Plan - Morning


Photo Location Plan - Evening

Planning Appeal Response by Highway Services Officer: SE · 2020-01-16 · Planning Appeal Response...

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