Bellway Homes (Wessex) Ltd. September 2020
Appeal Statement of Case
Appeal by Bellway Homes (Wessex) Ltd. against the refusal by Basingstoke and Deane Borough Council to permit full permission to Form 1 No. Temporary Access.
Site Address: Land at Redlands, Reading Road, Sherfield- On-Loddon, Hampshire
Basingstoke and Deane Borough Council Application: 20/00953/FUL
Appeal Statement of Case Form 1 No. Temporary Access
Contents
1. Introduction 1
2. The Appeal Site and Surrounding Area 3
3. The Planning Application Submission 4
4. Planning Policy 9
5. Appeal Grounds and Statement of Case 14
6. Third Party Responses 18
7. Conditions 23
8. Conclusions 24
9. Annexures 25
10. Submission Documents 26
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Appeal Statement of Case Form 1 No. Temporary Access
1. Introduction
1.1 This Statement is submitted in support of an appeal to Form 1 No. Temporary Access. The appeal is submitted against Basingstoke and Deane Borough Council’s refusal of planning permission dated 14th August 2020. The application is to seek a temporary construction access as a means to promote early delivery of 150 homes that have detailed planning permission (Reserved Matters approved pursuant to an Outline Planning Permission) that would otherwise be delayed by approximately 12 months until the S278 Highway’s Agreement and construction has been completed to form a new 4th arm of the A33 Gaiger Avenue (Taylor’s Farm) roundabout.
1.2 The application, the subject of this appeal seeks to bring forward; site set-up, provision of haul roads, groundworks, on-site infrastructure provision, house build and the internal estate roads, under the auspices of outline planning permission 16/02457/OUT for the erection of 150 dwellings, including 60 affordable units, with associated internal access streets, car parking and landscaping and subsequent reserved matters application 19/02773/RES which was approved on 7th August 2020.
1.3 The outline planning application envisaged a construction access that coincided with the long term and permanent access from the A33 off a new arm of the Gaiger Avenue / Taylor’s Farm roundabout (the approved access plan from the outline planning permission is attached at Annex A) but that construction access arrangement is not the optimal method for efficient housebuilding in this case.
1.4 The application, the subject of this appeal, was dated 9th April 2020 and was validated on the same date.
1.5 Following receipt of comments from the local highway authority, Hampshire County Council, which confirmed no objection to the highway safety considerations arising from this application (Letter attached at Annex B), the application was recommended for approval by the Planning Officer (Committee Report attached at Annex C). Subsequently the Planning Committee resolved to refuse the application contrary to the officer’s recommendation on the 12th August 2020.
1.6 The council’s subsequent decision notice dated 14th August 2020 (Annex D) sets out a single highway safety reason for refusal.
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Appeal Statement of Case Form 1 No. Temporary Access
1.7 Through this appeal statement of case it will be demonstrated that the appeal proposal should be allowed when considered in highway safety terms, in the context of local planning policies and the overall planning balance of the proposals.
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Appeal Statement of Case Form 1 No. Temporary Access
2. The Appeal Site and Surrounding Area
2.1 The temporary construction access is proposed to be located at the southwest corner of the approved housing site, known as Redlands, near Sherfield-on-Loddon. The housing site is located on the eastern edge of the built up area of Chineham and is approximately 5.6km northeast (by road) from the centre of Basingstoke. The site currently comprises relatively flat arable fields with perimeter trees and hedges. The proposed temporary access would connect onto the A33 Basingstoke Road at a point some 55m north of the Redlands Lodge access lane and c.350m south of the Taylor’s Farm Roundabout. The A33 takes a general north to south alignment at this point and is a single carriageway road with double, solid, central lining (denoting no overtaking) and a 50mph speed restriction.
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Appeal Statement of Case Form 1 No. Temporary Access
3. The Planning Application Submission
3.1 This section of the appeal statement outlines the documents that were submitted within the course of the planning application.
Submission Documents and Drawings
3.2 The application, the subject of this appeal (LPA Ref: 20/00953/FUL), is for full planning permission. The following documents were submitted with the application and have been submitted with this subsequent appeal:
1:1250 Red Line Plan (011915-BEL-WSX-TCR)
Highways Technical Note (18-007-05A), General Arrangement Block Plan (Dwg. 18-007-026)
and Swept Path by Odyssey (Dwg. 18-007-027)
A Construction Environmental Management Plan (Sherfield CEMP rev. B)
An Arboricultural Technical Note and Overlay by Aspect Arboriculture (Dwg. 9795.TN.01)
A Planning Statement within covering letter dated 31st March 2020
An Additional Statement dated 11th June 2020
3.3 The 1:1250 scale site location plan clearly indicates where the proposed temporary access is to be located, at the SW corner of the larger site and its position on the A33.
3.4 The 1:500 scale block plan elaborates on the detail of the proposed left-in left-out (only) bell-mouth access, based on a topographical site survey and sets out the proposal relative to known features on and off site and the lane serving Redlands.
3.5 The Construction Access Technical Note (Odyssey 18-007-05 March 2020) clarifies that:
An ‘all movements junction’ would not be feasible due to the vertical visibility considerations
relating to the crest of the hill on the A33 to the south.
The proposed ‘left-in left-out access’ would be a safe and practical arrangement.
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Appeal Statement of Case Form 1 No. Temporary Access
A Swept Path analysis of the largest construction related vehicles is included (Odyssey Dwg. 18-
007-027).
The construction access design has been undertaken with due consideration of the
construction related vehicle tracking and ensures that these vehicles are not required to overrun the double white centreline of the A33 carriageway.
The design and visibility of the proposed access accord with the Design Manual for Roads and
Bridges (DMRB) CD123 for the 50mph speed limit of the A33 in this location and indeed visibility is achievable for vehicle speeds of up to 60mph.
3.6 The CEMP confirms the appropriate wheel washing and road cleaning arrangements and the provision of on-site construction parking and delivery arrangements. The CEMP document also sets out the safeguarding procedures within the construction that will interface with and address any areas where a conflict, risk or incident may occur.
3.7 The Planning Statement confirms that the proposal is for a temporary access that can be conditioned by the Council to be removed and reinstated within the shorter of 5 years or final occupation. It should be noted the appellant has subsequently been open to discuss the wording of this condition and variants to the long stop date such as relating it to the provision of the Taylor’s Farm roundabout junction: demonstrating that this application is not a device to provide an alternative permanent access.
Post Validation Submissions
3.8 An e-mail from the applicant to the Council dated 1st May 2020 explained the reasons for the application and clarified the submissions. The Appellant is seeking an alternative, temporary, construction only arrangement, to be considered on its planning merits, for the following reasons:
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Appeal Statement of Case Form 1 No. Temporary Access
Levels differ at the A33 roundabout and there are multiple services that need to be diverted
and lowered. This is a complicated and time consuming process to resolve and at present can only be started after the post planning permission S278 approval process and implementation of extensive off-site highway and utility works.
The potential hiatus of up to one year for the S278 (design, construction and certification,
road space booking and implementation) process for the Taylor’s Farm roundabout 4th arm access would otherwise prohibit preparatory ground works and homes starting to be built from this site. That is a delay the appellant would wish to avoid, to achieve an early construction start at a time when businesses and the economy need all the help it can get.
Building a temporary access under S171 of the Highways Act 1980, as proposed, would
reduce pre-start timescales and enable the appellant’s groundworker to undertake site preparation, welfare and construction management arrangements, the installation of utilities and services, haul roads, commence the construction of the permanent access from within the site and construct sub-structures within the year that it would otherwise take to obtain S278 approval and construct the main access.
The S278 process for the main site access has been commenced as a highways technical note
and access design check pack was submitted to the Highway Authority dated 12th May 2020 (Annex E) and this has subsequently been validated by the highway authority. It demonstrates that the appellant is not looking to create an alternative permanent access or evade its obligations to improve the wider network.
Working concurrently rather than sequentially on site would; help to provide homes more
efficiently, underscore the local and national economy, and deliver on a Local Plan commitment that is in the Council’s Housing Supply Trajectory for 2021-24. It is a reasonable response to site circumstances to help with the Council’s lack of a 5 year supply of housing.
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Appeal Statement of Case Form 1 No. Temporary Access
The proposed development has been given approval from Hampshire County Council (HCC) as
the local highway authority, who have raised no objection to the proposal. The proposed left- in and left-out temporary construction access has been considered by the highway authority to be acceptable on a temporary basis subject to a time limiting planning condition. There was some debate about the time limit at the application stage but officers concluded, as per the committee report at Annex C, that stopping-up the access within three years would be reasonable and similar to other such applications permitted by the Council. Proposed draft Condition 2 within the Committee report confirms this.
3.9 The application was referred to the Development Control Committee in line with the scheme of delegation. The recommendation for the application (as per the committee report at Annex C) was that it be approved subject to conditions. The second reason for approval, at the start of the report, is highly relevant to this appeal and states that:
“The development would provide a safe and suitable access and would not cause an adverse impact on highway safety”.
3.10 A pre-committee planning note (Annex F) was submitted on the 11th August to further clarify and reinforce; the main applications details, the applications wider economic benefits and, importantly, to emphasise that this is a pragmatic short-term alternative which is temporary. The planning note addresses and explains the:
Application Details
Road Safety Concerns
Social and Economic Considerations
Estimated Development Programme
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Appeal Statement of Case Form 1 No. Temporary Access
It should be noted that the economic considerations presented in the Planning Note were calculated by extrapolating national data derived from Bellway Homes document Our Economic and Social Impact 2018-2019, from the Lichfields / HBF metrics in The Economic Footprint of House Building in England and Wales, July 2018 and the 2020-21 New Homes Bonus calculator https://www.gov.uk/government/publications/new-homes-bonus-calculator-2020-to-2021.
3.11 The planning note concludes that the council’s most recent Authority Monitoring Report 2018/2019 indicates 50 dwelling completions per annum 2021/22 – 2023/24 from this key housing site. If this pragmatic approach was not to be approved then there would be no completions in 2021/22 and delivery would slip into 2025/26 without this temporary access. Not a good outcome in the context of an authority with a sub-5 year land supply.
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Appeal Statement of Case Form 1 No. Temporary Access
4. Planning Policy
4.1 As required by section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004, to the extent that development plan policies are material to an application for planning permission, planning application and appeal decisions must be taken in accordance with the development plan unless there are material considerations that indicate otherwise.
4.2 In the borough of Basingstoke and Deane the development plan comprises the Basingstoke and Deane Local Plan 2011-2029 adopted May 2016, the Hampshire County Council Minerals and Waste Plan adopted October 2013 and various ‘made’ Neighbourhood Plans.
Basingstoke and Deane Local Plan 2011-2029
4.3 The appeal site forms the major part of the allocated development site SS3.7 as set out in the Basingstoke and Deane Local Plan 2016 (approximately 165 houses allocated) which is to be linked by a north-south spine road (parallel to the A33) to the allocated strategic site SS3.9 East of Basingstoke (approximately 450 dwellings allocated), see inset map below. Policy EM10 referred to in the reason for refusal states that proposals will be required to respect the local environment, contribute to the street scene, be visually attractive and provide adequate vehicular parking and cycle storage. Policy EM10 also requires developments to provide high levels of amenity for proposed occupants and neighbouring occupiers regarding privacy, amenity space and natural light.
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Appeal Statement of Case Form 1 No. Temporary Access
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Appeal Statement of Case Form 1 No. Temporary Access
4.4 The proposed access needs to be considered in the context of 150 homes that have detailed approval on the larger appeal site which in turn is part of a much larger local plan allocation. It is a form of development which has been judged to comply with policy EM10 through the grant of outline planning permission and subsequent reserved matters details. Hence this is a part of the Borough subject to change with associated short term construction and longer term future occupancy impacts.
4.5 The proposed temporary access would not lie directly adjacent to any residential properties and the nearest neighbouring dwellings are those on the former Dairy Site which lie approximately 25m from the appeal site across the A33. This distance and context leads the appellant to conclude that the proposal would not give rise to adverse harm on the neighbouring amenities. Furthermore, as a temporary feature, while there would be some short term change to the appearance of the A33 edge, due to the formation of the bellmouth and a break in the continuity of the hedge parallel to the road, this would be short term and a section of native hedge will be reinstated. Hence the visual and amenity impacts of the proposed development would be localised, short term and not harmful.
4.6 Policy CN9 sets out that development should provide appropriate on-site parking and should not result in inappropriate traffic generation or compromise highway safety. Once more, any assessment has to be made in the context of the larger local plan allocation and the extant, ready to implement, permission for 150 dwellings on the main site. Increased traffic flows and construction traffic generation are an associated and now accepted consequence of that planning context. Parking and traffic generation have been considered acceptable and highway safety has already been considered not to be compromised within the development site and, more importantly, on this localised section of the A33 and adjacent road network. The only difference for consideration in this case is the position of the construction traffic access.
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Appeal Statement of Case Form 1 No. Temporary Access
Sherfield-On-Loddon Neighbourhood Plan 2011-2029
4.7 The site falls within the boundaries of the Sherfield-On-Loddon Neighbourhood Plan 2011-2029 (SOLNP) which was 'made' on 22 March 2018 (Annex G). While the plan does not allocate housing sites, the proposed appeal site is noted, at paragraph 3.2.5.1 of the SOLNP, as being a strategic housing allocation. Strategic Aim 4 (SSA4) of the neighbourhood plan supports housing developments in accordance with the local plan policies. Policy Annex D of the SOLNP notes that Hourly traffic volumes measured by HCC at a point on the A33 just North of the Parish in 2016 had rush hour peak two-way traffic flows of 1,627 vehicles between 0700 and 0800 and 1,872 vehicles between 1700 and 1800 and that the flows for the rest of the daytime hours (0700-1900) were consistently at about 1,200 vehicles per hour. Policy T3 of the SOLNP seeks to improve safety and is worded as follows (with the appellant’s emphasis in bold):
Development proposals will not be supported if they would have a severe adverse impact on road safety at known traffic hazards identified in Figure 6-20 and Annex D that cannot be satisfactorily mitigated.
4.8 There are two points to note from this policy. The judgement on highway safety impacts involves a high bar set at ‘severe adverse’ and such judgement is to be applied to ‘known traffic hazards’. The known traffic hazards are set out at paragraphs 6.5.17-18 of the SOLNP, Annex D and Figure 6-20. Most are associated with specific junctions and the difficulty for pedestrians and cyclists to cross the A33 or C32 and all are geographically north of the site and the Taylor’s Farm Roundabout. A generic issue of hazards caused by the speed of traffic is noted at point 5 of the list at paragraph 6.5.17. The following measures are proposed, at 4.5 of Annex D, to improve safety on the A33:
a) Reduce speed limit through the Parish from 50mph to 40mph to ensure a consistent speed limit and safer environment between Taylor’s Farm and the Wellington Arms as already described in paragraph 4.2.3 b) Improve both Wildmoor Lane junctions as shown in Figure 4-5 by making the exit from both ‘Left Turn Only’. Alternately, mini roundabouts would improve traffic flow and improve safety.
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Appeal Statement of Case Form 1 No. Temporary Access
c) Duelling the A33 and re-routing the whole road towards the east of the Parish from Chineham to the Swallowfield Bypass would reduce congestion by doubling the capacity of the road in step with the extra demand that will arise from the hundreds of additional dwellings allocated in the Borough Local Plan at Redlands, East of Basingstoke and those in Bramley.
It is noteworthy that changing certain junctions to ‘left turns only’ is a recognised method for improving highway safety in the SOLNP. The appeal junction design adopts that type of approach.
National Planning Policy Framework 2019
4.9 Relevant national policy expressed in paragraph 109 of the NPPF 2019 is that:
Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.
4.10 The appellant will explain in the next section of this statement why it considers the highway safety consideration of the above policies would not be compromised.
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Appeal Statement of Case Form 1 No. Temporary Access
5. Appeal Grounds and Statement of Case
5.1 This section of the appeal statement responds to the sole reason for refusal as presented on the Council’s decision notice.
“The proposed development would result in an unacceptable increase in risk to users of the proposed access and the public highway (A33). It would not provide a safe and suitable access, resulting in an adverse impact on highway safety”.
This appeal is solely focussed on highway safety considerations.
5.2 The council’s use of the term ‘unacceptable increase in’ risk indicates a point has been reached or a threshold crossed in highway safety terms. This is a subjective decision. Fundamentally it is a risk the appellant would want to mitigate to reasonable levels, avoiding severe impacts to cite Policy T3 of the SOLNP, to ensure the safety of the public and site construction operatives. It is the appellant’s contention that the risk to highway safety can be managed to an acceptable level by a combination of physical design and management measures and that due weight was not given by the planning committee to the totality of; the proposed layout and design of the temporary junction, the management measures in the CEMP and the distinction between the appeal proposals and other schemes cited as a precedent by Parish and Borough Councillors. Emotive comments made that the area was an “accident hotspot” and that the local highway authority were “crazy” to think another access on the A33 would be acceptable are indicative of the subjective nature of the debate at the committee stage.
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Appeal Statement of Case Form 1 No. Temporary Access
5.3 It has been a key objective of the appellant to create a well-designed temporary access arrangement for this site which regards highway safety with upmost priority. The drawings and supporting information submitted have been considered by Hampshire County Council (HCC), as the Local Highway Authority, who have raised no objection to the proposal, subject to a condition requiring the stopping up of the access once it is no longer required (see condition 4 in committee report). This view was reflected in the planning officer’s own conclusions and report to committee. While the committee can go against officer recommendation the circumstances of this decision demonstrate that professional opinion considered the proposed access location, the junction design and associated management measures would meet safety requirements reflecting local road conditions. This suggests to the appellant a balanced decision and not the ‘severe impacts’ threshold of the high bar set by local and national policies.
5.4 The proposed bellmouth would be 38 metres wide at its entrance tapering to 6 metres for its running length and would have an island within the centre with geometry to physically only allow for left-in and left-out turns. The swept path analysis included within the technical statement at Drawing 18-007-027 demonstrates that all types of larger proposed construction vehicles can suitably turn left into the site and turn left out of the site without crossing the centre line of the A33 thereby avoiding conflict with the opposing traffic flow. This and the 12m radii in and out of the proposed bellmouth would enable even larger HGVs to smoothly enter the flow of the A33 when there is a safe gap in the traffic. The visibility splays on drawing show that sufficient visibility can be achieved not just for the 50 mph speed limit of the A category road but also if traffic is approaching at unauthorised speeds of 60 mph. This in the appellant’s opinion builds in a safety margin for the proposed access and helps to allow heavier, slower vehicles exiting the site to gain speed to join the A33 traffic flow without an acceleration lane.
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Appeal Statement of Case Form 1 No. Temporary Access
5.5 A further drawing has been prepared with this appeal submission that denotes and details specific safety features like warning signage and robust, 300mm raised Trief kerbs which would, in the appellants opinion, all add to the safe left-turn only use of the proposed access by physically and visually communicating how the construction traffic should use the proposed bellmouth (see drawing ref: SK-200- TEMP-ACCESS at Annex H). The appellant considers that this plan is admissible as it does not change the nature of the development proposals submitted with the application and will not prejudice the rights of third parties as it is an elaboration of the planning application details. Such details that could, in any event, be either required through planning condition or by the S171 Minor Works licence under the Highway Act 1980 pursuant to a grant of planning permission. This drawing denotes that double solid white lines run along the centreline of the A33 in the vicinity of the appeal site. This is a reflection of the reality on the ground and supersedes the dashed lines shown in error on the earlier application drawings.
5.6 Similarly as the applicant would be required to enter into a S171 Minor Works agreement with the highway authority it is anticipated that advance warning signage will be required along the A33 approaching the site from both directions which will alert drivers that they are approaching a construction site entrance. It is a reasonable expectation that drivers will modify their speed and pay additional due care and attention to respond to those warning signs.
5.7 The CEMP (as amended) submitted with the application clarifies a number of measures to be used in the operation of the proposed temporary construction access that would further manage the highway safety risk above:
All site personnel, including sub-contractors would be required to attend a Bellway site induction
before entering site (where strict rules about the left-turn arrangements and general routing issues will be clarified),
Appropriate wheel wash facilities would be provided for all vehicles leaving the construction area
and Sweepers will keep both roads [the A33 and the site access] clean throughout the length of the project and the cleanliness of the road will be monitored daily to ensure public highways and site roads are kept clean,
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Appeal Statement of Case Form 1 No. Temporary Access
All personnel transportation vehicles would be required to park within the on-site compound
areas, where adequate car parking will be provided. No construction parking will be permitted on the A33 or any of the residential roads at any point.
5.8 Due to the left-in left-out design, construction related vehicles travelling to the site from the south would be required to U-turn at the Taylor’s Farm Roundabout (A33 / Gaiger Avenue). Likewise, construction related vehicles leaving the site wishing to travel north will have to travel south first along the A33 to the Binfields Roundabout (A33 / Great Binfields Road / Simons Road) and then U-turn to travel back north along the A33. Most of the laden deliveries are expected to arrive from the north as Bellway Homes have central suppliers in the Midlands. As part of the CEMP site induction and contracting arrangements suppliers and sub-contractors will be made aware that the physical design of the access would prohibit right turns in and out and they would have the routing arrangements, to comply with the left turn only access, explained to them which would be strictly enforced by the appellant.
5.9 Through a combination of these junction design, signing, routing and management safeguards the appellant considers that the operation of this proposed construction-only, temporary access would be safe as endorsed by the local highway authority and planning officer.
5.10 As a further safeguard, outwith the planning legislation, a Temporary Traffic Regulation Order (TTRO) has also been applied for by the appellant, under the Road Traffic (Temporary Restrictions) Procedure Regulations 1992, to reduce the speed of the section of the A33 from the Taylor’s Farm roundabout in the north to the Redlands Lodge Lane in the south to 30 mph. This would manage and decrease any residual risk of accidents occurring.
5.11 The appellant would contend that the highway safety risk would be suitably managed through the above measures. As a result, significant weight ought to be given to the earliest possible provision of homes from the wider appeal site, delivering the wider economic and social benefits set out in the pre- committee planning note (Annex F), set within the context of a local planning authority that has a sub-5 year land supply, by its own admission, and that has recognised, in its most recent AMR, that this site should start delivering from 2021.
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Appeal Statement of Case Form 1 No. Temporary Access
6. Third Party Responses
6.1 Sherfield-On-Loddon Parish Council have raised concerns regarding the access in terms of highway safety and within the process of the application submitted a representation of “Many severe accidents in this vicinity and there is a possibility of HGV’s crossing the centre of the road when turning left out of the site” on to the A33. These representations are contained within the committee report (Annex C).
Accident Record
6.2 A study of available accident data between 1st January 2015 and 31st December 2019 (see data sheets at Annex I) showed 9 no. slight and 1 no. serious safety incidents within the vicinity. The incident report which details each accident highlights that all instances were due to driver error, not junction turning movements per say, and there is no significant clustering in terms of the geographic distribution of the incidents. The following road map indicates the location of the accidents and shows the approximate position of the site with a locater arrow.
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Appeal Statement of Case Form 1 No. Temporary Access
6.3 The accident details were passed on to HCC Highways for comment who have continued to raise no objection to the proposal. As previously noted, Hampshire Highways consider the proposed access and traffic control measures proposed appropriate for the location and do not raise an objection to the proposal. This therefore responds to this raised concern in that the proposed arrangement is suitable on highway safety grounds.
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Appeal Statement of Case Form 1 No. Temporary Access
6.4 The preceding statement of case has explained how the general arrangement has been purposely designed to ensure adequate highways safety through a left-in left-out junction onto the A33 Basingstoke road in accordance with DMRB requirements to ensure a safe free flow of traffic on the A33.
Other Nearby Sites and Access Decisions
6.5 The representation from the Sherfield Park Parish Council and comments made by a number of the councillors at the committee stage suggest there are nearby precedents that justify refusal of planning permission on highway safety grounds. The appellant would contend that the appeal proposals would be materially different because of the safeguards proposed in the application, including the bespoke left- turn only design and the temporary nature of the proposals. This is considered in more detail below.
Redlands Garden Site – Application Ref: 16/04727/FUL - Application withdrawn.
6.6 This relates to a small sub phase of the Redlands allocation to the southeast of the housing site associated with the appeal proposals. Permanent access to serve the construction phase and all of the long term daily trips from 17 dwellings was proposed via the existing single carriageway width Redlands private access drive, from the A33, utilising a right-turn prohibition to northbound traffic on the A33 (a location plan and junction design drawings are attached at Annex J and Annex K). This access was envisaged to be provided with a passing bay on the lane a short distance to the east of its junction with the A33 to ensure that opposing vehicles could pass without backing up on the public highway. This access was deemed to be unsatisfactory and the highway authority objected to the application for, inter alia, the following reasons:
No modelling was provided with the application to demonstrate that an uncontrolled access
could work operationally, and
The visibility splays shown for the access would not conform with the requirements based on
posted or recorded speeds.
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Appeal Statement of Case Form 1 No. Temporary Access
6.7 In contrast the proposed access arrangement, the subject of this appeal, has been designed using appropriate traffic data to inform the proposed visibility splays and has been supported by swept path analysis. Unlike the Redlands Garden site, the proposed bellmouth junction would have ample width for vehicles entering and exiting the site and there would be room for an articulated lorry to wait off the A33 if the site gates are closed on arrival as such gates would be set back some 16.5 m into the site. Furthermore, the physical design of the access, with its raised central island defined by high kerbs, and ‘soft measures’ such as specific instructions to be supplied to delivery companies and sub-contractors, would reinforce the safe operation for the temporary lifespan of the proposed access.
The Old Dairy (AKA Land At Hillacre) – Application Ref 14/00699/FUL – Application Approved.
6.8 The planning application for the Old Dairy residential development site at the back of Sherfield Hall for 9 houses was granted with access from Foxes Furlong off Thornhill Way in Chineham (see site plan at Annex L). Originally the land in question had a gate enabling access via a track serving a small number of existing properties, including Sherfield Hall, on the north side of the A33. A Technical Note dated 17 May 2013 by i-Transport submitted with that application confirms that the access track is poorly surfaced and a single track lane where vehicles cannot easily pass each other when they meet. It is also confirms that the junction between the track and the A33 is ‘sub-optimal’ in that it does not connect perpendicularly with the main road resulting in right turning out / into the access being tight especially for larger vehicles. Within the same technical note, paragraph 5.1, there is reference to a potential temporary construction access via the A33 subject to checking with the highway authority and a potential left in / left out arrangement.
A prior to occupation condition was imposed within the notice of approval (Condition 19) requiring the existing accesses to the site from Reading Road (A33) be stopped up, abandoned and re-instated immediately after the proposed Foxes Furlong vehicular and pedestrian access was completed.
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Appeal Statement of Case Form 1 No. Temporary Access
6.9 The appellant understands, from the debate that took place during the committee stage of this appeal application, that the existing field gate and narrow, acutely angled lane on the north side of the A33 was utilised for construction vehicles and that Enforcement proceedings were instigated due to incidents involving lorries straddling the A33 when backing in to the site.
6.10 Whilst the specific details of this unauthorised access are not clear, the principles denote an arrangement which was not approved by Hampshire Highways Authority due to highway safety concerns associated with the acutely angled lane and limited visibility beyond the existing vegetation (as highlighted within the officers’ report attached to the Old Dairy application at Annex M). The appellant’s proposed temporary access arrangement, in contrast, has been given relevant highway authority approval and includes a materially different perpendicular left turn only access to the A33 with bespoke design features to enable safe use commensurate with the A33 road conditions.
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Appeal Statement of Case Form 1 No. Temporary Access
7. Conditions
7.1 The appellant was consulted on draft conditions, including pre-commencement conditions in accordance with section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre- commencement Conditions) Regulations 2018, and is prepared to accept the 7 draft conditions attached to this temporary access arrangement outlined within the Committee Report. The conditions cover the following matters (as set out fully at Annex C):
1. Carry out in accordance with approved plans 2. Begin before 3 years 3. Construct the temporary access as per approved details and retain those details for the duration of the use 4. Use only for construction traffic and stop up within 3 years in accordance with landscaping details to be submitted within 3 months of the access coming into use 5. Any access gates to be hung to open inwards and set back a minimum of 16.5m from the near edge of the highway 6. Submit and have approved an ecological watching brief for the protection of breeding birds and carry out the works as approved (prior to commencement) 7. No works until full details of all proposed tree and hedgerow re-planting have been submitted and approved (prior to commencement)
7.2 As a finesse, and if the inspector is minded to allow this appeal, the appellant would ask that draft condition 6 be amended to apply to: “Any works due to be commenced within the nesting bird season March until August” as there would be no need for an ecological watching brief for vegetation removal outside of the nesting season. Indeed, at risk, ecologically supervised, pre-emptive works have been undertaken by the appellant to remove a section of hedge parallel with the A33 concurrent with the proposed temporary access position while nesting birds were not present so the extent of such operations would be minimal.
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Appeal Statement of Case Form 1 No. Temporary Access
8. Conclusions
8.1 The proposed design of this temporary construction access and associated management measures would, in combination, provide for a safe development where highway risks would be mitigated to an acceptable degree thereby complying with policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011- 2029.
8.2 The appellant is willing to accept that the temporary access arrangement be stopped up and the associated planting and hedgerow be reinstated within 3 years as that will allow time for the permanent access to the Taylor’s Farm Roundabout to be designed, licensed and implemented.
8.3 The inspector is respectfully requested to allow this appeal.
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Appeal Statement of Case Form 1 No. Temporary Access
9. Annexures
A. Outline Approved Access Plan 70002740-SK-017 dated November 2016.
B. Hampshire Highways Comments dated 16th June 2020.
C. Committee Report dated 12th August 2020.
D. Decision Notice (LPA Ref: 20/00953/FUL) dated 14th August 2020.
E. Design Check Pack submitted to Highway’s Authority regarding approved 4th arm to the A33 Gaiger Avenue (Taylor’s Farm) roundabout, including:
Highways Technical Note (12th May 2020).
Drawing 18-007-019H General Arrangement & Visibility Splays.
Drawing 18-007-013F and 014F Refuse Vehicle Swept Path Analysis.
Drawing 18-007-025B Fire Tender Swept Path Analysis.
Drawing 18-007-020F Car Swept Path Analysis.
Drawing 18-007-021F Bus Swept Path Analysis.
F. Bellway Pre-Committee Planning Note dated 12th August 2020.
G. Sherfield on Loddon Neighborhood Plan 2011-2022.
H. Bellway Produced Technical Detail Drawing Ref: SK-200-TEMP-ACCESS (Not Submitted).
I. Taylor’s Farm Traffic Incident Report dated 22nd July 2020.
J. Redlands Garden Site – Location Plan dated December 2016.
K. Redlands Garden Site – Access Plan H-01 P2.
L. Old Dairy Site Plan 2.01 Rev.G dated 28th May 2014.
M. Old Dairy Planning Application: (Ref 14/00699/FUL) Officers Report dated 30th July 2014.
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Appeal Statement of Case Form 1 No. Temporary Access
10. Submission Documents
1:1250 Red Line Plan (011915-BEL-WSX-TCR)
Highways Technical Note (18-007-05A), General Arrangement Block Plan (Dwg. 18-007-026) and Swept
Path by Odyssey (Dwg. 18-007-027)
A Construction Environmental Management Plan (Sherfield CEMP rev. B)
An Arboricultural Technical Note and Overlay by Aspect Arboriculture (Dwg. 9795.TN.01)
A Planning Statement within covering letter dated 31st March 2020
An Additional Statement dated 11th June 2020
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Bellway Homes (Wessex) Ltd. Bellway Homes (Wessex) Ltd. September 2020 1