Issue - meetings

Proposal for creation of second vehicular exit onto Stoke Road.

‘Late items:’

Consultations:-

One further letter of objection has received raising the following concerns:-

1)         Impact upon neighbouring properties in respect of light pollution and shining of car headlights

2)         New exit would become a shortcut for vehicles leaving the adjacent business park

3)         Cars would still attempt to turn right from the proposed exit

4)         Impact upon pedestrian and highway safety

5)         Peak times traffic congestion from schools and business parks

LCC Highways has submitted comments on the amended plans stating they have no objections subject to conditions and a contribution of £7500 to secure a Traffic Regulation Order to enforce against illegal right turns from the new exit. 

Appraisal:-

Due to the separation distances and line of mature trees sited between the proposed exit and the properties on Thruxton Close, it is not considered that the development would result in vehicles headlights using the exit causing an adverse impact upon the residential amenity of these properties.

Other concerns raised regarding the shortcut from the business park, pedestrian and highway safety and congestion during peak times have been previously assessed in the committee extract. It is not considered that the proposed exit would impact upon the users of the nearby bus stops. It should also be noted that the submitted road safety audit did include the safety of pedestrians and school children.

Policy DM3 of the SADMP seeks to ensure that, where development creates a need to provide additional or improved infrastructure, amenities or facilities, developers make provision directly or indirectly through the appropriate funding mechanism. This policy allows for a reduced infrastructure provision where it can be justified with the appropriate supporting evidence.

The lawfulness of developer contributions must be considered alongside the requirements contained within the Community Infrastructure Levy Regulations (CIL). The regulations require that where developer contributions are requested they need to be necessary, directly related and fairly and reasonably related in scale and kind to the development proposed.

Leicestershire County Council (Highways) have requested a contribution of £7,500 for a Traffic Regulation Order (TRO) to prohibit vehicles turning right out of the proposed exit. This contribution is required to prevent right turns out of the exit and would allow the appropriate mechanisms to enforce the breach.

The contribution requested and identified above is considered to be necessary to satisfactorily mitigate the impact of the proposed development on the local highway network and to make the development acceptable in planning terms. The contribution is directly related and fairly and reasonably related in scale and kind to the development proposed and therefore CIL compliant. The contributions could be secured through the completion of a suitable unilateral undertaking which is currently under negotiation.

Recommendation:-

Grant planning permission subject to:-

•           The prior completion of a S106 agreement to secure the following obligations:

o          Transport contribution to secure a Traffic Regulation Order of £7,500

•           Planning conditions outlined on the committee extract

That the Interim Head of Planning be  ...  view the full agenda text for item 355

Application for creation of a second vehicular exit onto Stoke Road.

Members expressed concern about use of the car park as a short cut during peak times and asked that a condition be added to require installation of a barrier with the intention that management could operate it as appropriate. Further concern was expressed about glare from headlights on the properties opposite and it was requested that a note to applicant be added to encourage mitigation measures to reduce glare.

It was moved by Councillor Sutton, seconded by Councillor Hall and

RESOLVED –

(i)            Permission be granted subject to:

a.    conditions contained in the officer’s report

b.    an additional condition requiring installation of a barrier

c.    a note to applicant to encourage mitigation measures to reduce glare on the properties opposite the exit

d.    prior completion of a S106 agreement to secure transport contributions of £7,500 for a Traffic Regulation Order.

(ii)           The Interim Head of Planning be granted delegated powers to determine the final detail of planning conditions;

(iii)          The Interim Head of Planning be granted delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for creation of second vehicular exit onto Stoke Road.

‘Late items:’

Consultations:-

Four additional neighbour letters have been received raising the additional following comments which have not been raised previously:-

1)         Four schools already in the vicinity of the site with the potential to cause impact upon pedestrian safety

2)         Visual and vibration effects from vehicles upon adjacent properties

3)         Significant loss of trees and associated habitats

The petition that has been submitted previously has also been resubmitted on 12 November 2018 as well as a copy of the notes from the residents meeting that was held on Wednesday 12 July 2017. Both raise concerns regarding highway and pedestrian safety.

Concerns have also been raised by Councillor Bill in respect of the potential impact upon highway and pedestrian safety

Appraisal:-

It should be noted that the submitted Road Safety Audit specifically took into account the safety of pedestrian and school children and the traffic modelling analysed the impact of the site traffic on the wider highway network. The modelling that the Applicant has undertaken has been assessed by the LHA to be sufficient to show that there would not be a severe impact on the local network.

It is not considered that there would be significant vibration effects that would have a detrimental impact upon the amenity of adjacent properties and loss of view is not a material planning consideration.

The loss of the trees have been assessed within the committee extract and given the existing scrub nature of the land, it is not considered that the development would result in significant adverse impacts upon protected species. Notwithstanding this, licenses are in place from Natural England which prevent the loss or disturbance on wildlife habitats.  

Recommendation:-

The recommendations to committee have not changed from the original report.

Application for creation of a second vehicular exit onto Stoke Road.

Notwithstanding the officer’s recommendation that permission be granted subject to conditions, members expressed concern in relation to the proposal and suggestions were made that the exit should be restricted to left turn only or should be controlled by a barrier to allow use only at busy times. It was moved by Councillor Hollick and seconded by Councillor Sutton that the application be deferred for discussion of the points raised with the applicant. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred.