New access for private driveway to B classified 30mph road - Visability splays

[paul1084]

Hi  Everyone,

 

looking for some advice!

 

I own a plot of land opposite my house, and I am looking to add vehicular access & a driveway. This issue I have is that the road is a B classified 30mph road, and I am struggling with the required 43m visibility splays.

 

There are 4 existing driveways to neighbouring properties that definitely would not meet the requirements, and are worse than mine would be for visibility up and down the road.

 

I have not submitted an application yet, but I want to gauge if an application is likely to be accepted and do all I can to try and satisfy the requirements prior to submitting.

 

My land is higher than the road by approximately 700mm, and this continues both sides of the proposed driveway... in addition to this there are hedges both sides. These hedges can be trimmed right down within reason, although I would need to get permission for the hedge on my neighbours land

 

See attached plans & diagrams. any advice comments on what my options are... or are not as the case may be would be much appreciated

 

Thanks

Proposed Access-01.pdf

[garrymartin]

It's not clear what point you are measuring your left and right visibility splays to, but it appears to be the centre of the road. That's not correct. Also, to the left, it looks like the road goes round a bend which changes the way the splay might be measured too.

 

The existing access does not make any difference. There's no requirement in law to retrospectively enforce visibility splays unless their is a prominent safety issue, but new accesses have to adhere to the rules.

 

You could try a speed survey to see if recorded speeds are less than 30mph, but it might not work in your favour if they are above that and the splays increase in distance...

 

All land must be in your control. Not necessarily ownership, but you would need more than just agreement, you would need some sort of legal basis such as a deed or similar.

 

Your 2.4m back is from the "channel-line" and not necessarily the edge of the road. The channel-line is normally the markings you see at the edge of a road, but that may not be the case here.

 

Some Local Authorities allow you to measure up to 1.0m into the road, others do not (see example image for visibility splays on bends from Leicestershire County Council for example).

 

[kandgmitchell]

20 hours ago, garrymartin said:

It's not clear what point you are measuring your left and right visibility splays to, but it appears to be the centre of the road. That's not correct.

That's right - the splay is to the edge of the roadway not the centre, making it harder to comply.

[paul1084]

Thanks garrymartin, & kandgmitchell

 

the visibility splays were not correct, I have adjusted them... but its tight.

 

Speed survey may work as currently cars parked on the road forces traffic to stop and give way. although if the road is clear then often people are over the speed limit as its quite a rural, and you can see quite far up and down the road.

 

The adjacent land is not used. if there were no obstructions, but the splays still passed over it slightly would i still have to have some sort of agreement? 

 

In short I think it will be very difficult without removing the hedges on both sides to make the visibility splays work although depending where the channel can actually be measured from, the splays only just cut across the front of the hedges... if they were not overgrown, they may work... 

 

a lot could depend on how accurately they check measurements etc, and where they are taken from

 

[garrymartin]

You'll need something like the following in a deed from your neighbour(s). I have a very similar situation, but luckily, the deed was already in place. You won't get permission without it. The land needs to be "in your control". It's not enough that you might be able to "see" currently, if it is not in your control, someone could put up hedges etc. and you, and the LPA, would have no legal recourse to have them removed / trimmed back.

 

You'll also need to check how far your LPA allow you to come into the road. Ours only allows a maximum of 600mm, and only then in specific circumstances.

 

 

 

[ProDave]

41 minutes ago, garrymartin said:

The land needs to be "in your control". I

Very dependant on local LPA

 

In my case they tried to force an "under your control" clause in, until I pointed out a few months before another planning app on the same road had been approved without an under your control clause so they removed it.

 

During the discussions with highways about it they said of someone obstructs the visibility to inform them and they would come and deal with it.

[garrymartin]

23 minutes ago, ProDave said:

During the discussions with highways about it they said of someone obstructs the visibility to inform them and they would come and deal with it.

I'll caveat this with "I don't know the situation in Scotland"... but they cannot deal with it in England if there is no legal basis. And even where there is a legal basis, they can't do anything - it would be the person who benefits from the deed that would need to instigate enforcement action.

 

Imagine the scenario. Your neighbour gets planning permission, but it's only safe to access their property if the land you own remains clear so that the visibility splay isn't obstructed. You want to put some hedging in, but the LHA would come along and tell you you can't, on your land, because of the neighbours? Or you put it in, and they come and tell you to take it out? On what legal basis?

 

My advice is to tread carefully here.