2.

TCP/16931/E   P/00921/03  Parish/Name:  Ryde

Registration Date:  07/05/2003  -  Full Planning Permission

Officer:  Miss. J. Garvey           Tel:  (01983) 823571

 

Alterations to vehicular access (revised scheme) Cherry House, Binstead Road, Ryde, Isle Of Wight, PO333NB

 

REASON FOR COMMITTEE CONSIDERATION

 

The local Member, Councillor Mr Stephens, has requested that the application be determined by the Development Control Committee for the following reasons:

 

·         The area on the adjacent drives has turning and parking which does not cause a detrimental impact to each other.

 

·         The dimensions of the proposed wall are not of significant size to cause problems with vehicular traffic both into and around the respective driveways. 

 

PROCESSING INFORMATION

 

This is a minor application.

 

The processing of the application has taken twelve weeks to date.  The processing of this application has gone beyond the prescribed time limits because of outstanding consultations, and the need for the consideration by the Planning Committee. 

 

LOCATION AND SITE CHARACTERISTICS

 

Application relates to a semi-detached property located on the south west side of Binstead Road, approximately 40 metres to the north west of its junction to Mayfield Road.  The property makes use of shared vehicular access and turning area with the neighbouring property to the north known as West View.

 

RELEVANT HISTORY

 

April 1995 - TCP/16931/B Conditional Approval was granted for the formation of a joint vehicular access and hardstanding at West View and Cherry House.

 

March 2003 - TCP/16931/D Application for Alterations to the existing vehicular access with the construction of a 6 metre long and 500 mm high wall sub dividing the shared turning area was refused under the delegated procedure on the grounds that a reduction in the turning space would provide inadequate turning for a vehicle to enter and exit the drive in a forward gear, contrary to Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

 

DETAILS OF APPLICATION

 

Consent is sought for the formation of a low brick wall 6 metres in length, the maximum height of 500 mm sub-dividing the shared turning area.  The application is the same as TCP/16931/D, however additional turning diagrams have been included and a slightly larger turning area has been indicated.  The low brick wall is required in order to protect the services under the hardstanding, these being water, gas and electricity. 

 

DEVELOPMENT PLAN/POLICY

 

Relevant policy is TR7 (Highway Considerations for New Development).  It states that any new road layout, including vehicular access, should be constructed to provide safe conditions for all road users, particularly the needs of the more vulnerable, such as cyclists, pedestrians and the disabled and that there is a proper provision of facilities within the development so as to ensure the safe movement and separation of vehicular traffic, buses, bicycles and pedestrians.

 

CONSULTEE RESPONSES

 

Highway Engineer recommends refusal on the grounds of inadequate turning.  The Highway Engineer has observed that the erection of the wall is to "provide added safety protection for all underground services".  He considers that if this is the case it would appear preferable for the applicant to protect these services by strengthening the existing hardstanding with a stronger concrete mix for example, rather than sacrificing the existing turning and parking areas.  Whilst it is appreciated by the Highway Engineer that the plans depict an area just large enough to allow a private vehicle to turn, there is not room "within the site to provide parking outside of this turning area.  This would mean any additional visitors to the site would be forced to reverse onto Binstead Road, due to the applicant's car unavoidably blocking the turning area thus creating unacceptable hazard to highway users.  The applicant admits that this situation occurs in his letter of 7.02.03." 

 

PARISH/TOWN COUNCIL COMMENTS

 

None to report.

 

THIRD PARTY REPRESENTATIONS

 

Two letters of support have been received.  The resident of 78 Wellington Road considers the proposal will improve highway safety.  The letter of support from the applicant's wife and daughter does not raise any planning issues.

 

CRIME AND DISORDER IMPLICATIONS

 

No crime and disorder implications anticipated.

 

EVALUATION

 

The main considerations when determining the application are policy and the effect that the construction of the wall will have on highway safety. 

 

The property is set back from the road  approximately some 6 metres at the closest point and 10 metres at the furthest.  The total width of the shared turning area is currently 16.5 metres.  The proposed wall is to be sited in the centre of the turning area. 

 

The Highway Engineer considers that the approval of the wall would impinge on highway safety as sufficient turning would not be provided.

 

A condition was imposed on the original approval stating:

 

"The joint hardstanding shall be constructed and retained in full to provide one space per dwelling and a combined turning area within the site to enable vehicles to enter and leave the highways at all times in a forward gear to the satisfaction of the Local Planning Authority."

 

From my visits to the site the turning area has been blocked by a parked vehicle, therefore in breach of the above condition.

 

The points that have been raised in the letters of representation tend not to relate to planning issues.  The interest of highway safety are considered to be of paramount importance and I therefore have no other option than to recommend accordingly. 

 

HUMAN RIGHTS

 

In coming to this recommendation to refuse planning permission, consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.  The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered.  Whilst there may be some interference with the rights of the applicant to develop the land in the manner proposed, it is considered that the recommendation to refuse is proportional to the legitimate aim of the Council's Unitary Development Plan and in the public interest.

 

JUSTIFICATION FOR RECOMMENDATION

 

Having due regard and appropriate weight all material considerations outlined in this report, I am of the opinion that the application is contrary to Policy TR7 of the Isle of Wight Unitary Development Plan as the development will not allow sufficient space for a vehicle to enter and leave the highway in a forward gear.  I also make a second recommendation that the breach of condition 2 on TCP/16931/B be investigated by Enforcement. 

 

1.         RECOMMENDATION - REFUSAL

 

Conditions/Reasons:

 

1

The proposed wall will reduce the amount of turning and parking available, resulting in a development that does not provide adequate space to enable vehicles to turn on the site and enter and leave the highway in a forward gear, therefore the interests of road safety are compromised and is contrary to Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

 

2.         RECOMMENDATION - That Enforcement investigate the Breach of Condition

 

 

 

ANDREW ASHCROFT

Heading of Planning Services