Agenda item

Application for residential development up to 168 dwellings (Outline - access only) with associated means of access onto Markfield Road and Groby Road, car parking, new footpath links, amenity space and landscaping.

 

‘Late items:’

 

Consultations

 

Neighbour Notification

 

1 further letter of objection has been received raising concerns about the lack of places in the local schools for additional children arising from the development and the local facilities in Ratby are inadequate for any additional housing.

 

LCC Highways

 

No objection subject to conditions including traffic calming measures prior to the occupation of the first dwelling.

 

Appraisal

 

Infrastructure

 

The Officer’s report outlines the contributions required from this development in order to fund additional educational places and local services such as Ratby Library and the open spaces within the locality. It is considered that these requests are reasonable and necessary in order to mitigate against the impact of this new development in accordance with Policy DM3 of the SADMP (2016).

 

Highway Safety

 

Site Access

 

The proposal includes a new vehicular access from Markfield Road. The application is accompanied by a road safety audit. The Highway Authority considers that the geometry of the site access is in general accordance with the Leicestershire Highway Design Guide [LHDG] and that details of the access such as drainage and the uncontrolled pedestrian crossing location within the site access can be addressed at the detailed design stage. With regard to the visibility splays required at the site access, the application is accompanied by two speed surveys which were undertaken within the vicinity of the proposed access on Markfield Road between 6 – 12 December 2018. The results of the speed survey recorded 85%ile and 85%ile wet weather speeds in excess of the 30 mph speed limit in each direction. These results recorded are generally in accordance with the speed surveys previously carried out in the locality by the Highway Authority. 

 

Based on the speed survey results the submitted drawings show detailed visibility splays of 2.4 x 46 metres northbound and 2.4 x 56 metres southbound. However, the Highway Authority has expressed concern that the northbound visibility splay measure 45 metres and would require the removal of all of the vegetation fronting the site boundary with the public highway. Adjacent vegetation overhanging the highway boundary may also need to be cut back to the highway boundary.

 

The Highway Authority also require that in accordance with the Manual for Streets, as the speeds recorded are in excess of 37 mph, the stopping sight distances outlined in the Design Manual for Roads and Bridges (DMRB) may be more appropriate. Therefore, on the basis of 85%ile northbound speeds, a southbound visibility of 65 metres would be required as opposed to 56 metres shown on the submitted drawings.

 

Based on both the 85%ile and 85%ile wet weather speeds being in excess of the 30mph speed limit coupled with the restricted visibility to the north of the access, the Highway Authority has expressed their concerns that the proposals could lead to drivers pulling out of the site access and colliding with oncoming traffic travelling in excess of the speed limit along Markfield Road. Therefore, a scheme to reduce the 85%ile speed of traffic is necessary before any development commences on site. There are already Vehicle Activated Signs in place along Markfield Road reminding drivers of the 30mph speed limit. As such, a traffic calming scheme would need to consist of a series of vertical features, such as speed tables or cushions on the approaches to the site access. The applicant has agreed to the imposition of a pre-commencement condition whereby a scheme of mitigation to reduce the speeds on Markfield Road is submitted to and agreed in writing by the LPA before any development commences. Such a scheme would then need to be implemented prior to the occupation of any of the dwellings hereby approved. It is considered that this pre-commencement condition is reasonable and necessary to reduce the speed of vehicles travelling along Markfield Road in order to reduce the likelihood of a collision at the site access. The requirement of such a condition would be in accordance with the aims of Policy DM17 of the SADMP (2016) which seeks to ensure that development proposals do not have a significant adverse impact on highway safety.

 

Emergency Access

 

The proposal includes the use of the existing vehicular access onto Groby Road as an emergency access for vehicles and a pedestrian and cycle access. The application is accompanied by a Road Safety Audit which raises issues which the Highway Authority confirms can be addressed at the detailed design stage. The access would have removable bollards or other such measures to prevent vehicular access into the site which could be removed if required by emergency services. The Highway Authority advises that whilst the proposed route would provide a useful walking/cycling route for the future residents, they would not seek to adopt this isolated footway. As such, a proposal would be required for the lighting of this footway and its on-going maintenance.

 

Transport Assessment

The submitted Transport Assessment sets out that traffic counts were undertaken along with a survey of queue lengths at identified junctions. These junctions are:

 

1.    Site Access/Markfield Road priority junction

2.    Markfield Road/Whittington Drive priority junction

3.    Groby Road/ Sacheverell Way/ Ratby Road ghost right turn lane

4.    Sacheverell Way/ Leicester Road roundabout

5.    Leicester Road/ A46/ A50 roundabout

 

Ratio to Flow to Capacity (RFC) is a term used in Transport Modelling to assess the operation of a junction. The result provides an indication of the likely junction performance, with a value of 1 implying that the demand flow is equal to the capacity. Typically a value of 0.85 is seen as the practical capacity, with results higher than this more likely to experience queuing or delay.

A letter received from a local resident raises the issue that the roads in the area cannot cope with any additional traffic. However, the Highway Authority is satisfied that junctions 1, 2 and 5 would operate within capacity with the development in place in 2024. With regards to the remaining junctions the Highway Authority has the following observations to make:

 

Junction 3: Markfield Road/ Main Street/ Groby Road mini roundabout

 

The application submission includes a traffic count for this junction which was carried out on 30 April 2019. However, the Council was made aware that this road was closed on this date and as such the data could not be used. Therefore, the applicant obtained traffic data held by LCC for this junction as undertaken on 15 May 2019 and rerun the capacity assessment. The Highway Authority confirm that analysis of the results of the revised capacity assessments demonstrate that this junction is predicted to operate within capacity and as such there is not a requirement for any mitigation works.

 

Junction 4: Groby Road/ Sacheverell Way/ Ratby Road ghost right turn lane

 

The application submission for this junction shows the major road width inclusive of the ghost island right turn lane. The Highway Authority has expressed concern about this calculated road width and re-calculated the results with this error corrected. Nevertheless, the Highway Authority agree with the applicant’s results in that there would be a slight increase in RFC of 0.03 and an increase of approximately 1 Passenger Car Unit (PCU) in queue length and a nine second delay. As such, the Highway Authority agrees that the impact of development at this junction cannot be considered to be severe and a scheme of mitigation is not required.

 

Junction 6. Leicester Road/ A46/ A50 roundabout

 

The application submission includes data obtained for this junction from LCC. This data was populated with the appropriate traffic flows for each scenario. The Highway Authority has reviewed the submitted model and confirms that the changes made to phase delays and signal timings have improved the junction’s capacity. However, some of the changes could result in possible safety issues. As such they recommend that improvements could be made to this junction which would mitigate the additional traffic whilst not resulting in the safety concerns highlighted above. Such improvements would require changes to be made to the signal timings which would require a new configuration (involving factory testing and installing into the controller). In addition to this, the Highway Authority would advise revalidation of MOVA on completion of the development and would cost this work at £3,000 including fees which should be secured in a Section 106 Agreement. 

 

It is therefore considered that the proposal would have a negligible impact upon the capacity of the local highway network and subject to the contribution towards Junction 6, the Highway Authority is satisfied with the Applicant's junction capacity assessments and that junctions within the vicinity of the site will not be severely affected by the additional development traffic in accordance with Policy DM17 of the SADMP (2016) and the National Planning Policy Framework (NPPF). 

 

Transport Sustainability

 

A Travel Plan has been submitted with the application that sets targets for the reduction of car or van driver trips, indicates potential measures that can be implemented to achieve these targets and provides details of how the Travel Plan would be managed, monitored and reviewed. The Highway Authority requires amendments to the Travel Plan and these revisions can form part of an appropriately worded condition. In addition to this, to encourage sustainable travel and provide level access to bus services near to the site, the Highway Authority recommends that improvements are sought to the nearest two bus stops in the form of raised kerbs. Bus services currently run on a loop in the area with services travelling southbound only along Markfield Road. Given the potential for two pedestrian accesses to the site, the Highway Authority advises that both the bus stop closest to the main vehicular/ pedestrian access (ID 2519) and closest to the emergency access (ID 2520) should be improved. In addition to these improvements there would be a requirement for travel packs and bus passes as part of the Section 106 Agreement to encourage sustainable travel.

 

Therefore, the Highway Authority’s advice is that, in its view, the impacts of the development on highway safety would be acceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe. Based on the information provided, the development therefore does not conflict with Policy DM17 of the SADMP or paragraph 109 of the National Planning Policy Framework (2019), subject to the conditions and planning obligations outlined in this report.

 

Additional Planning

 

The Highway Authority has requested a number of contributions. A contribution of £3,000 is requested towards the reconfiguration of signal timings and revalidation of MOVA technology at the A46/A50 Roundabout. Contributions to promote and encourage sustainable travel are requested including: Raised kerb provision at the nearest two bus stops (ID’s 2519 & 2520) at a cost of £3,500 per stop to support modern bus fleets with low floor capabilities. Travel Packs which inform new residents from first occupation what sustainable travel choices are in the surrounding area. These can be provided through Leicestershire County Council at a cost of £52.85 per pack. Six month bus passes being two per dwelling (two application forms to be included in Travel Packs and funded by the developer)  to encourage new residents to use bus services, to establish changes in travel behaviour from first occupation and promote usage of sustainable travel modes other than the car (can be supplied through LCC at (average) £360.00 per pass. It is very unlikely that a development will get 100% take-up of passes, 25% is considered to be a high take-up rate. A sustainable transport scheme monitoring fee of £6,000 is requested along with the appointment of a Travel Plan Co-ordinator from commencement of development until 5 years after the occupation of the last housing unit to ensure the effective implementation and monitoring of the Travel Plan.

 

A contribution towards the reconfiguration of signal timings and revalidation of MOVA technology to address the increase in traffic generated from the proposed development for the Leicester Road roundabout is reasonable and necessary.  Although there are services in Ratby creating a sustainable community such as early years provision, primary school, shop, doctors, post office, community centre, public house and sports pitches and play areas which are within walking distance of the proposal, given the lack of employment and other services future residents are likely to access such as supermarkets it is considered the bus pass, improvements to the closest bus stops, the appointment of a Travel Plan Coordinator and travel pack contributions are also necessary. The bus passes and travel packs would be provided to the residents of the development and therefore they directly relate to the mitigating impact of new residents. The travel pack contribution covers the cost of the preparation and distribution of the packs and the bus pass is an optional service so there may not be a 100% take up of, therefore the contributions are reasonable and fair in scale and kind. The changes to the CIL regulations in 2019 provide for monitoring fees under regulation 122(a) as long as it reasonably relates in scale and kind, the sum of £6,000 is considered reasonable to monitor the sustainable transport scheme for the lifetime of the development, given the scale of the development it is reasonable to expect monitoring of this to expand over a number of years.  

The requests from the Highway Authority are considered to be CIL compliant and are necessary to make the development acceptable in planning terms, directly related and fairly and reasonably related in scale and kind to the development proposed.

 

Additional Conditions

 

35.  Prior to commencement of the development hereby permitted, a scheme of traffic calming to reduce the 85%ile speeds in line with the wet weather speeds on Markfield Road in the vicinity of the site access shall be submitted to and agreed in writing by the local planning authority. Thereafter, the approved scheme shall be implemented in full prior to occupation of any dwelling.

Reason: To reduce vehicle speeds in the vicinity of the site access in order to achieve appropriate visibility, in the general interests of highway safety in accordance with Policy DM17 of the SADMP (2016).

36.  No development shall commence on the site until such time as a construction traffic management plan, including as a minimum details of wheel cleansing facilities, vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority.  The construction of the development shall thereafter be carried out in accordance with the approved details and timetable.

 

Reason: To reduce the possibility of deleterious material (mud, stones etc.) being deposited in the highway and becoming a hazard for road users, to ensure that construction traffic does not use unsatisfactory roads and lead to on-street parking problems in the area to accord with Policy DM17 of the Site Allocations and Development Management Policies DPD (2016)

37.  No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on Calibro drawing number SK01 rev D have been implemented in full.

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (2019).

38.  No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays of 2.4 metres by 45 metres northbound and 2.4 x 65 metres southbound have been provided at the site access. These shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

 

Reason: To afford adequate visibility at the access to cater for the expected volume of traffic joining the existing highway network, in the interests of general highway safety and in accordance with Policy DM17 of the SADMP (2016).

 

39.  No part of the development hereby permitted shall be occupied until such time as site drainage details have been provided to and approved in writing by the local planning authority. Thereafter surface water shall not drain into the Public Highway and thereafter shall be so maintained.

 

Reason: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users in accordance with Policy DM17 of the SADMP (2016).

 

40.  No part of the development hereby permitted shall be first occupied until an amended Travel Plan which sets out actions and measures with quantifiable outputs and outcome targets has been submitted to and agreed in writing by the local planning authority. Thereafter the agreed Travel Plan shall be implemented in accordance with the approved details.

 

Reason: To reduce the need to travel by single occupancy vehicle and to promote the use of sustainable modes of transport in accordance with the National Planning Policy Framework (2019).

 

AdditionalInformatives

           

9.    Planning Permission does not give you approval to work on the public highway. To carry out off-site works associated with this planning permission, separate approval must first be obtained from Leicestershire County Council as Local Highway Authority. This will take the form of a major section 184 permit/section 278 agreement. It is strongly recommended that you make contact with Leicestershire County Council at the earliest opportunity to allow time for the process to be completed. The Local Highway Authority reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. For further information please refer to the Leicestershire Highway Design Guide which is available at https://resources.leicestershire.gov.uk/lhdg.

 

10.  If the roads within the proposed development are to be offered for adoption by the Local Highway Authority, the Developer will be required to enter into an agreement under Section 38 of the Highways Act 1980. Detailed plans will need to be submitted and approved, the Agreement signed and all sureties and fees paid prior to the commencement of development. The Local Highway Authority reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. For further information please refer to the Leicestershire

Highway Design Guide which is available at https://resources.leicestershire.gov.uk/lhdg If an Agreement is not in place when the development is commenced, the Local Highway Authority will serve Advanced Payment Codes in respect of all plots served by all the roads within the development in accordance with Section 219 of the Highways Act 1980. Payment of the charge must be made before building commences. Please email road.adoptions@leics.gov.uk in the first instance.

 

12   To erect temporary directional signage you must seek prior approval from the Local Highway Authority in the first instance (telephone 0116 305 0001).

 

13   All proposed off site highway works, and internal road layouts shall be designed in accordance with Leicestershire County Council's latest design guidance, as Local Highway Authority. For further information please refer to the Leicestershire Highway Design Guide which is available at https://resources.leicestershire.gov.uk/lhdg.

 

Application for residential development up to 168 dwellings (outline – access only) with associated means of access onto Markfield Road and Groby Road, car parking, new footpath links, amenity space and landscaping.

 

Notwithstanding the officer recommendation that permission be granted, some members felt that the proposal was detrimental to highway safety, not sustainable and would result in flooding. It was MOVED by Councillor Boothby and SECONDED by Councillor Roberts that permission be refused for these reasons. Upon being put to the vote, the motion was LOST.

 

It was then moved by Councillor Flemming, seconded by Councillor Walker and

 

RESOLVED –

 

(i)            permission be granted subject to:

 

a.          The completion within three months of this resolution of a S106 agreement to secure the following obligations:

·         40% affordable housing, 75% affordable rented and 25% shared ownership

·         £5,070.00 for library facilities at Ratby Library

·         £94,833.37 for education

·         £109,890.00 for health care provision (GP practices)

·         On-site open space requirement of at least 605m² of equipped play area; 2822m² of casual / informal play space and 6720m² of natural green space along with maintenance costs

·         Off-site open space contribution along with maintenance costs for 6451m² of outdoor sports provision and any of the required natural green space which cannot be accommodated on-site, and maintenance of the green space

·         Any highway contributions that may be requested and which are deemed to be CIL compliant

 

b.            The conditions contained in the officer’s report and late items;

 

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

 

(iii)       The Planning Manager be granted powers to determine the terms of the S106 agreement including the inclusion of any highway contributions and the trigger points and clawback periods of all contributions.

 

Councillor Boothby left the meeting at this juncture.