Agenda item

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 given powers to determine the final detail of planning conditions.

That the Interim Head of Planning be given delegated powers to determine the terms of the s106 agreement including trigger points and claw back periods.

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.