Planning Schedule Date: 10/08/2004 - Stroud District Council

Planning Schedule Date: 10/08/2004
the layout would have encouraged vehicles to reverse out onto the highway. The proposal was
therefore considered contrary to highway safety.
The applicant has now resubmitted the application for the access to include visibility splays in
both directions. It is understood that whilst this includes land outside his ownership, his
neighbours at Cherry Tree House are prepared to accept a covenant on their property to secure
a reduction in height of their side boundary wall adjoining the site and the maintenance of the
visibility splay in perpetuity.
Planning Considerations
The proposal is for a new access and must be considered in relation to Policy G5 of the Stroud
District Local Plan Revised Deposit Version (as amended June 2001), which states that
permission will not be granted for development that would be likely to be detrimental to the
highway safety of any user of any highway or public right of way.
The Highway Authority again recommend that the application be refused on highway grounds
because the site frontage is too restricted to provide for the required visibility splays necessary to
serve the proposed development. In addition, the Highway Authority again consider that the
layout of the vehicular access is such that it would encourage vehicles to reverse out of the site
onto the adjacent classified road, all to the detriment of highway safety. Therefore, the proposal
does not comply with the above Policy.
Coaley Parish Council object to the application on the grounds of the poor visibility leaving the
site and are concerned that visibility is dependant upon the neighbouring property retaining a low
level wall.
In summary, the dwelling on this plot was approved on the basis of there being no vehicular
access other than through the existing pub car park. This was for highway safety reasons. The
applicant has constructed an unauthorised access onto a busy classified road, contrary to Policy
G5 of the Local Plan. For the reasons set out in this report, the application is recommended for
refusal.
In the event that this recommendation is accepted authority is sought for enforcement action to
be taken against the unauthorised access.
Human Rights
In compiling this recommendation we have given full consideration to all aspects of the Human
Rights Act 1998 in relation to the applicant and/or the occupiers of any neighbouring or affected
properties. In particular regard has been had to Article 8 of the ECHR (Right to Respect for
private and family life) and the requirement to ensure that any interference with the right in this
Article is both permissible and proportionate. On analysing the issues raised by the application
no particular matters, other than those referred to in this report, warranted any different action to
that recommended.
ITEM No: 29
Application
Site Address:
S.04/0970/FUL
Whispering Trees, Lower Washwell Lane, Painswick, Stroud
170