Overhanging Structures Associated with the Housing Development at Sterte Close

BOROUGH OF POOLE

TRANSPORTATION ADVISORY GROUP

THURSDAY 5 FEBRUARY 2009

REPORT OF HEAD OF TRANSPORTATION SERVICES

ON OVERHANGING STRUCTURES ASSOCIATED WITH THE HOUSING DEVELOPMENT AT STERTE CLOSE

1. Matter for Consideration and Policy Context

1.1 To consider the issue of a licence in relation to the development of a new block of flats at Sterte Close to permit a small part of the roof structure roof to overhang a public footpath.

2. Recommendation

2.1 It is recommended that a licence be granted to the Knightstone Housing Association Ltd under Section 177 of the Highways Act 1980 to permit the roof structure to overhang an area of public footpath.

3. Background

3.1 Knightstone Housing are in the process of building a new block of flats on land at the end of Sterte Close.

3.2 As part of the approved design for the building the roof structure projects beyond the building to provide some degree of shading from the sun. On one corner the roof structure will overhang a section of Footpath 16.

4. Information

4.1 Section 177 of the Highways Act 1980 states that a licence is required from the Highway Authority before any building shall be constructed over part of a highway maintainable at public expense. The licence may contain such terms and conditions as the highway authority thinks fit.

4.2 In this particular case, it was only realised at the construction stage that a corner of the roof would overhang a section of public footpath. There is scope to realign the path away from the building, but as the roof structure is at very high level it would seem inappropriate given that a licence can be granted to permit the overhang.

4.3 The extent of the overhang is shown on Appendix A.

1 4.4 The area over which the roof projects is designated as a public footpath. The minimum vertical clearance over footpaths is 2.4m. The overhang is above the eighth floor of the building. The likelihood of vehicle striking the overhang is low.

5. Financial Implications

5.1 The costs associated with the preparation of the licence will be paid by the developer upon execution of the licence.

JULIAN McLAUGHLIN Head of Transportation Services

Background Papers -Nil Appendix A - Extent of Overhang

Name and Telephone Number of Officer Contact: Andy Norwood (01022) 262042

22 January 2009 TAG050209T3G

2 APPENDIX A General Area of Development

Detail of Overhang (Shown grey)