Recent planning application refused (mainly due to highways not supporting application)

[Username123]

Hi,

I had recently submitted a planning application for a new dwelling in my garden.
unfortunately it was refused last week..
The planning department refused the property for a few reasons, one was due to the size and design not fitting in with the existing properties (this part of the road is predominately 1850's workers cottages although most have been extended beyond recognition and new properties have been built over the last 80 years)
The highways officer did not consent to the build, i'm looking for some advice with regards to my visibility splays and how to possibly overcome this issue.
the road is a B road (40mph) and the visibility splays we have managed to achieve are 62m and 70m on the other side.
I have attached the drawings, if anyone can give me any information which may help I would really appreciate that!

thank you!

 

[Username123]

Four large properties were given approval directly opposite the property two years ago, the visibility was slightly less than ours but the highways authority gave consent based on the fact there had not been any accidents on this stretch. 

Here's the highways comments..

The information that was submitted in association with the application has been fully considered by the Highway Authority. The site is situated on a stretch of  Road that is subject to a 40-mph speed limit. The current vehicular access serving the host dwelling is gated and has a high sided wooden fence either side of the vehicular access. 

From a highway and transportation perspective the impact of the proposal is NOT acceptable to the Highway Authority for the following reasons:

1. The applicant has failed to demonstrate adequate visibility splays from the proposed access in accordance with the speed of the road, to the satisfaction of the Highway Authority. The intensification of the access combined with the lack of such visibility would result in an unacceptable degree of hazard to all highway user to the detriment of highway safety.

2. The proposal would intensify the use of an existing access which has deficiencies in geometric layout and visibility which is not in accordance with current safety standards. The existence of an access in this location is a matter of fact and therefore some degree of conflict and interference to the passage of through vehicles already occurs but the intensification of that conflict and interference which this proposal would engender would be to the detriment of highway safety.



(Continued?)
3. Although a shared parking court/ turning area is provided for the proposed and host dwellings the lack of visitor parking for both properties within the confines of the site will impact on the turning area potentially preventing vehicles from turning and exiting the vehicular access in forward gear or could lead to vehicles being parked on the highway to the detriment of highway safety and efficiency.

Therefore, this proposal is contrary to the Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011.

Informative:
1: The applicant has not demonstrated visibility splays in accordance with those required for the speed of the road. Alternatively, the applicant would need to conduct a speed survey in accordance with CA 185 Vehicle Speed Measurement (Design Manual for Roads and Bridges), to establish the 85th percentile speed of the road and provide visibility splays in accordance. Speed surveys should be taken at the extent of the achievable visibility splays. Visibility splays must be achieved within the limits of public highway and/or land in the control of the applicant. Highway boundary information can be obtained from ============ Clearly if the applicant does commission additional work there is no guarantee that the required standards can be met or that the proposal will be acceptable to the Highway Authority. 

2: Any proposed vehicular turning facility, would need to be maintained free from obstruction within the site at all times for that sole purpose.

[ProDave]

I think I just answered this in another place, so I post the same reply here.

 

You obviously did not take advice from a planning professional or you ignored it.  You now have to make changes and re submit.

 

The visibility thing, the visibility distances should be measured from a point I think (check) 2.1 metres back from the road edge and 1.2 metres above ground, i.e. about where the drivers head would be in the driving seat trying to look to see if it is safe to exit.  That hedge will have to go to make a tapered visibility splay to meet the requrements, and you will need a turning space to enter forwards, turn around and exit forwards.  You will need to make a tapered layby to the highways specification so you can park in your layby e.g if you need to get out and open a gate. Find all these details for your local area so you can incorporate them into your modified plans.

 

The size and style issues need to be addressed by making the building match the scale and style of surrounding properties, OR make it a totally different contemporary design that will be judged on it's merits.

 

It is normal in the first instance to apply for outline planning permission where you are just establishing the principle that you can build, without at that stage finalising the design of the house.

 

You will have another hurdle if you do get PP.  You cannot now build within 6 metres of an overhead power line, so expect to have to pay to have the power lines across the front of that plot buried underground.

 

 

[Username123]

On 27/11/2020 at 19:32, ProDave said:

I think I just answered this in another place, so I post the same reply here.

 

You obviously did not take advice from a planning professional or you ignored it.  You now have to make changes and re submit.

 

The visibility thing, the visibility distances should be measured from a point I think (check) 2.1 metres back from the road edge and 1.2 metres above ground, i.e. about where the drivers head would be in the driving seat trying to look to see if it is safe to exit.  That hedge will have to go to make a tapered visibility splay to meet the requrements, and you will need a turning space to enter forwards, turn around and exit forwards.  You will need to make a tapered layby to the highways specification so you can park in your layby e.g if you need to get out and open a gate. Find all these details for your local area so you can incorporate them into your modified plans.

 

The size and style issues need to be addressed by making the building match the scale and style of surrounding properties, OR make it a totally different contemporary design that will be judged on it's merits.

 

It is normal in the first instance to apply for outline planning permission where you are just establishing the principle that you can build, without at that stage finalising the design of the house.

 

You will have another hurdle if you do get PP.  You cannot now build within 6 metres of an overhead power line, so expect to have to pay to have the power lines across the front of that plot buried underground.

 

 

Hi,

 

Thank you for your comments.

 

Yes we do have an architect and he had designed the house and access etc.

 

From your experience, do you know the minimum visibility for 40mph road?

 

Also in your opinion approx which speed would the cars need to be passing to achieve acceptable visibility with 62m and 70m visibility?

 

thank you!

 

 

 

 

 

 

[DevilDamo]

You would need to check those requirements with the relative Highways department. Having looked at one particular source and for a 40mph road, you’d be looking at having to provide splays 2.4m back and 65m in each direction.

[AliG]

I am no expert on visibility splays, so will let others comment on that. It will be hard to make visitor spaces and turning areas without paving over almost the whole garden. I would be looking at the local minimum requirements.

 

Looking at the design of the new house, on the street elevation it appears to be considerably higher than the existing cottage which would definitely be an issue, however-

 

Is the drawing correctly scaled? If the eaves of the new house are at 5m on the drawing, then the cottage would have an eaves heigh of 3.6m. Are they really that low, the roof of the cottage is basically level with the eaves of the new house? I'd be looking at doing something 1.5 storeys to bring the heights into line, but I would be checking that the plans don't make things look worse than they really are.

 

[Ferdinand]

Look up the one across the road on your Council website, and take advice from their consultant. Name should be on the D&A doc if there is one, reports and the entrance schematic. Planning consultant, highways consultant, or both.

 

You may even be able to reuse most of their work.

 

And you should be home and dry before long.

 

F

[Username123]

2 hours ago, Ferdinand said:

Look up the one across the road on your Council website, and take advice from their consultant. Name should be on the D&A doc if there is one, reports and the entrance schematic. Planning consultant, highways consultant, or both.

 

You may even be able to reuse most of their work.

 

And you should be home and dry before long.

 

F

 

Hi,

 

Thank you for all your comments.

 

Yes the eaves are low on the existing cottage (the new house height was determined by my neighbours property who had added a substantial full height extension to there cottage)

 

I am using the same architect as the development across the road. we had mentioned to the highways officer that the development across the road had received the highways approval with similar visibility. there is a new highways officer and he stated he would not have given approval for that development. 

 

We are stuck with this at the moment, does anyone know the approx cost for a speed monitoring session? 

 

thank you

 

[Username123]

Hi,

 

Here's the site plan with the measurements 

 

thank you

 

[patp]

My advice would be to insist that Highways do a site visit. We have had many run ins with our Highway department over access (we used to own some land where we wanted to open a caravan park) and they work from google maps/earth. More recently even our architect had given up with them until we insisted on a site visit. When they come out they look at it and say "Oh I see your point - yes that is all fine!" With the caravan park we called on the help of our district councillor who called on his mate the County Councillor who "spoke" to Highways and they backed down on their requirement for a 14 metre pull in.

We have seen, in a busy urban area, a turntable installed in a small driveway. The driver drives in, parks on the turntable, and when he wants to exit he swings the turntable so that the car faces forward. I believe it was in Chelmsford.

[joe90]

I too had to fight for a year to get highways to visit, then say “what’s the problem “ ?‍♂️