PAPER B1

 

ISLE OF WIGH COUNCIL DEVELOPMENT CONTROL COMMITTEE – 18 MARCH 2003

 

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

 

 

 

TCP/09338/W   P/01722/02  Parish/Name:  East Cowes

Registration Date:  25/09/2002  -  Full Planning Permission

Officer:  Mr. P. Stack           Tel:  (01983) 823570

 

Construction of passenger car ramp

Red Funnel Services, Trinity Road, East Cowes, Isle Of Wight, PO326RF

 

This matter was deferred at 25 February meeting to allow further opportunity for submission of Highway Engineer's comments.

 

REASON FOR COMMITTEE CONSIDERATION

 

Application raises significant issues in relation to highway matters which require consideration by Members.

 

PROCESSING INFORMATION

 

This is a 'minor' application and has taken 24 weeks to prepare revised report for Committee consideration.  Application has required detailed consideration by both Environmental Health Officer and Highway Engineer.

 

LOCATION AND SITE CHARACTERISTICS

 

Members will be familiar with ferry terminal at East Cowes which is served by two main car parking areas i.e. Trinity and Phoenix car parks.

 

Main terminal building is single storey and is located alongside existing industrial premises.  Area in front of building is used for short term parking which adjoins loading and unloading linkspan.

 

RELEVANT HISTORY

 

TCP/9338R - planning consent granted in November 1996 for alterations and extension to ferry terminal building together with alterations to pedestrian access.

 

DETAILS OF APPLICATION

 

Application seeks consent for construction of additional access ramp comprising fixed section and linkspan section to be located between existing enclosed pedestrian walkway which routes from existing terminal building and existing vehicle linkspan, which currently provides car access to ferry.

 

Fixed section of ramp which is to be constructed on land runs over a distance of some 51 metres with remaining linkspan section supported on piled marine concrete support structure is approximately some 24 metres in total length.  Linkspan will  have sufficient movement capacity to allow + 0.5m above and below mean high/low water sea level.  Ramp will  be approximately 6 metres above ground level.

 

Ramped access is required to meet Red Funnel's intention to enlarge existing car ferries making them approximately 10 metres longer and 3 metres taller which allows installation of new upper car deck between existing car deck arrangements and passenger deck area.  The car deck ramp and linkspan allows cars to enter/leave the ferry from newly created upper car deck area.  Ramp provides access for passenger cars only to upper deck throughout tidal range and has a minimum width of some 3.5 metres between parapets.  Maximum gradient is 10% and structure will be formed using steel form work connected to tops of tubular steel piles.

 

Applicants advise that in line with general increase in tourism, retail, commercial and traffic requirements facility operates at full capacity during certain peak periods of year.  Proposed increase in ferry size from the as built 142 car equivalent units (CEUs) capacity to around 200 CEUs would alleviate demand for capacity during peak periods and facilitate more efficient and timely exchange of freight and car traffic.  Peak days occur on Fridays, Saturdays and Mondays, mainly during summer holiday periods and may involve up to ten or eleven crossings.  Traffic is marshalled in East Cowes across the Trinity and Phoenix yards and the combined capacity of these yards is around 200 CEUs.  This can be increased to 220 CEUs with slight modifications to layout.  On those peak days and actual peak crossings with new larger ferries Trinity and Phoenix combined CEU capacity would be used to stack only the next imminent peak crossing with all other traffic discouraged from entering East Cowes or turned away should they do so.  In practical terms once ferry is alongside and loading late incoming traffic or traffic for next ferry will be allowed 20 yards to be marshalled as space is created.  It is proposed that with more efficient traffic evacuation that will be possible with larger ferries current ferry shuttle service on peak days will revert to hourly timetable service.   

 

Application is supported by Method Statement (attached as appendix) outlining procedures for traffic management during discharge and load operations and Noise Assessment Report also accompanies application.

 

DEVELOPMENT PLAN/POLICY

 

Council's Local Transport Plan advises that East Cowes Mini Transport Plan has already raised issues of pedestrian safety and highlighted that improvements are essential if more people are to be encouraged to walk.  The conflict between pedestrians and late arrivals for the ferry is a concern for many residents.  The strategy therefore has allowed for general pedestrian facility improvements to be installed.  These include new sections of footway, widened footways and crossing facilities.

 

The following policies of UDP are considered particularly relevant:

 

Strategic Policy S5 states that proposals for development which on balance will be for the overall benefit of the Island by enhancing the economic, social or environmental position will be approved provided any adverse impacts can be ameliorated.

 

G1 - Development Envelopes.

 

G4 - General Locational Criteria for Development.

 

D1 - Standards of Design.

 

TR7 - Highway Considerations for New Development.

 

TR10 - Cross-Solent Ferry Links.

 

TR11 - Traffic Management Schemes for Ferry Terminals.

 

CONSULTEE RESPONSES

 

Applicant has been in detailed discussions with Highways Section of this Authority seeking to ensure that opportunity is taken to improve both transport interchange facilities, instigate appropriate traffic management measures at times of loading and unloading and seeking to minimise potential conflict between all highway users particularly at peak times of activity.  Method Statement submitted by applicant is referred to in Evaluation section of this report.  At time of report preparation formal comments of Highway Engineer were not available.

 

English Nature advise that proposal is not likely to have significant effect on SPA/cSAC either alone or in combination with other plans.  Furthermore, they are of an opinion that proposed development will not result in significant damage to Medina Estuary SSSI and they therefore raise no objection.

 

Environment Agency raises no objection in principle but request condition to ensure that any piling operations are carried out between specific time of year.

 

Comments received from Trinity House Lighthouse Service relate principally to matters of ownership and potential damage to property and maintenance of access, issues which Members will be aware of are not planning considerations.  Applicant company is in contact with Lighthouse Service seeking to overcome these particular concerns.

 

Environmental Health Officer comments that following assessment of Acoustic Impact Report which forms part of application no objection is raised to application.

 

Southern Vectis advise that they consider additional marshalling manoeuvres when loading and unloading ferries using proposed new ramp will add to problems which already exist on public highway at these times.  They are particularly concerned that the proposal will make it more difficult for foot passengers to use bus services.  These currently serve a stop in Dover Road on opposite side of road to passenger terminal.  Pedestrians are already in conflict with vehicles in this area as there is no designated walkways or crossing facilities so additional vehicle movements in this area are likely to increase potential for conflict.

 

Company has now withdrawn its original objection to this application.

 

PARISH/TOWN COUNCIL COMMENTS

 

East Cowes Town Council raise no objection in respect of proposal.

 

THIRD PARTY REPRESENTATIONS

 

None.

 

CRIME & DISORDER IMPLICATIONS

 

Relevant Officer given opportunity to comment but no observations received.

 

EVALUATION  

 

Main planning considerations relate to relevant Unitary Development Plan policy and more detailed matters relating to visual impact of proposed structure, affect on locality particularly residential amenity and implications for highway safety.

 

On first issue, generally UDP policy supports initiatives which improve cross-Solent ferry links and appropriate proposals and traffic management schemes which help address traffic marshalling problems associated with ferry terminals, subject to proviso that such a proposal will not adversely impact on local environment, is appropriate in terms of scale and operation and does not have unacceptable detrimental or adverse environmental impact.

 

In terms of environmental impact on locality and surrounding residential occupiers it is considered that in visual terms construction of ramp located between existing similar facilities will be successfully assimilated within existing terminal facility and is an appropriate structure for such an area in terms of scale and external appearance.

 

Application has been accompanied by Acoustic Assessment which has been vetted by Environmental Health Officer who raises no objection on this particular issue.

 

As referred to in Representations section upon initial receipt of application Highway Section of Authority raised concern concerning current activities in both Dover Road and an area immediately outside main terminal and linkspan as current arrangements necessitate vehicles boarding ferry requiring to cross public highway between Trinity Yard and linkspan.  Vehicles leaving ferry likewise cross same section of highway and these activities combined with large number of pedestrian movements, buses turning, HGV movements, taxis and vehicles dropping off and collecting foot passengers and delivery vehicles all provide significant risk to motoring public and in particular more vulnerable road users.  Furthermore, proposals did not address potential for improvements to bus/public transport infrastructure and pedestrian access to site.

 

Considerable negotiation has taken place between applicant company and Highways seeking to address these issues which has resulted in submission of Method Statements for loading and discharge operations which is with Highway Engineer for final consideration.  Following further meeting Method Statement has been reviewed and briefly following measures are now to be implemented by operator.

 

Firstly, they intend to install traffic light controls at exit from each linkspan, this will assist in control and reinforce need to maintain a single flow of traffic from terminal apron towards Dover Street.  Secondly, the demarcation of a walkway to encourage pedestrians to follow a line between Trinity pavement and the ticket office by the most expeditious route.  Appropriate safety signs will be sited at the walkway at both ends.  Thirdly, bus stop will remain as is and a turning circle will be marked out for bus to provide consistency and direction for drivers in executing a single turn.  Fourthly, suitable remote controlled variable message sign to be agreed with Highways in terms of message and location will be erected and a suitable build out to be agreed with Highways for the Phoenix entrance including signage improvements.  Finally, it is intended to remove existing marshalling cabin in Phoenix Yard which does not contribute to traffic control and which will allow increased parking capacity.

 

On the assumption that the revised traffic management measures meet the requirements of the Highway Engineer then all material considerations have been assessed in respect of this proposal and accordingly approval is recommended.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant 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 other property in the area and other third parties have been carefully considered.  Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed.  Insofar as there is an interference with the rights of others it is considered necessary for the protection of the rights and freedom of the applicant.  It is also considered that such action is proportional to the legitimate aims and in the public interest.

 

JUSTIFICATION FOR RECOMMENDATION

 

Having given due regard and appropriate weight to all material considerations it is considered that the proposed development accords with policies of the UDP and will not significantly affect the amenities of the locality and represents an opportunity to improve efficiency and safety of transport interchange facility.

 

                        RECOMMENDATION  -  APPROVAL

 

Conditions/Reasons:

 

1

Time limit - full   -   A10

 

2

Prior to the ramp hereby approved being brought into use the highway amendments/alterations and traffic management measures outlined in the applicant's letter dated 4 February 2003 shall be implemented and installed.  Such measures to be submitted to the Local Planning Authority and approved prior to any works commencing on site.

 

Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

 

3

All piling operations shall only be carried out between April and October (inclusive).

 

Reason: To avoid adverse acoustic impacts on migratory fish such as sea trout.

 

M J A FISHER

Strategic Director

Corporate and Environment Services