Planning Schedule Date: 10/08/2004 - Stroud District Council
Planning Schedule Date: 10/08/2004 - Stroud District Council Planning Schedule Date: 10/08/2004 - Stroud District Council
Site Location: Site Report: Introduction and Site Planning Schedule Date: 10/08/2004 An outline application for the erection of one dwelling on a paddock fronting Chapel Lane was refused by Committee on 13th August 2002. The reason for refusal was as follows: - The proposed development would be likely to result in an intensification in vehicular use of the sub-standard site access together with the sub-standard road serving the site which is unsuitable to cater for the proposed development by reason of its restricted width/poor alignment/ lack of footways/lack of passing bays and sub-standard junction with Tetbury Street to the detriment of highway safety and contrary to Policy G5 of the Stroud District Local Plan Revised Deposit Version (as amended June 2001). An appeal was lodged against this refusal and allowed on 10th September 2003. In granting permission, the Inspector imposed a number of conditions, one of which states:- Development shall not begin until details of improvements to visibility at the junction of Chapel Lane and Tetbury Street have been submitted to and approved in writing by the Local Planning Authority. The dwelling hereby permitted shall not be occupied until the scheme has been implemented in accordance with the approved details. 48
Planning Schedule Date: 10/08/2004 The current application seeks the removal of this condition from the outline planning permission. Chapel Lane is a single track road with passing places and is a no through road which terminates in an access into Gatcombe Park. Planning History Outline permission ref. S.02/0826 for the erection of one dwelling granted on appeal 10/09/2003. All matters are reserved for future consideration. Planning Considerations The principle of a dwelling on the paddock to the front of Waldeck House has already been established by the outline permission. The issue for consideration here is whether the dwelling should be built without the improvements required by the Appeal Inspector being carried out at the junction of Chapel Lane and Tetbury Street. Policy G5 of the Stroud District Local Plan Revised Deposit Version (as amended June 2001) relating to highway safety is therefore relevant. In support of their case, the applicants state that this is the last development plot in Chapel Lane and therefore no further dwellings will use the junction; an increase in traffic using the junction does not materially increase the risk of conflict; there is no record of any traffic accident at this junction; recorded traffic speeds on both these roads is very low (24mph); newly published advice from ODPM states that sub-standard junctions result in increased safety as people take greater care; this ODPM advise is a material consideration to Planning Inspectors and GCC are proposing alterations to parking restrictions in Tetbury Street which will have the effect of calming traffic and improving visibility from Chapel Lane. The Highway Authority maintain that the appeal Inspector imposed Condition 6 for good reasons based on information submitted to the Appeal Hearing and the development would result in additional traffic movements on the existing sub-standard junction, contrary to Policy G5. The removal of the condition would be likely to increase dangers and hazards for other road users. Objections to the removal of the condition have been received from three neighbours who feel that this is a dangerous junction and any improvement would be welcomed. Letters supporting its removal have been received from six neighbours. Minchinhampton Parish Council supports the application. Their full comments are set out at the start of this report. In summary, the Appeal Inspector concluded, based on information submitted at a hearing, that the development was acceptable subject to the applicant carrying out improvements to a substandard junction. If that work is not carried out the application remains contrary to Policy G5 of the Local Plan. The application is therefore recommended for refusal. Sites Inspection Panel The Panel walked along Tetbury Street and Chapel Lane noting the visibility at the junction and the road widths. They then went on to inspect the actual development site. Officers explained that the condition was imposed by the Planning Inspector allowing an appeal for a new house in Chapel Lane, and was intended to improve visibility. The Ward Member, Cllr. Mrs Bird, felt that the condition was unnecessary as the roads were typical of the town which results in slow, careful driving. Moreover, visibility improvements could look unsightly, impacting on the Conservation Area. The Parish Council were not represented but support the application. The County Highways Officer stated that the visibility was substandard and the junction should be redesigned. 49
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<strong>Planning</strong> <strong>Schedule</strong> <strong>Date</strong>: <strong>10</strong>/<strong>08</strong>/<strong>2004</strong><br />
The current application seeks the removal of this condition from the outline planning permission.<br />
Chapel Lane is a single track road with passing places and is a no through road which terminates<br />
in an access into Gatcombe Park.<br />
<strong>Planning</strong> History<br />
Outline permission ref. S.02/<strong>08</strong>26 for the erection of one dwelling granted on appeal <strong>10</strong>/09/2003.<br />
All matters are reserved for future consideration.<br />
<strong>Planning</strong> Considerations<br />
The principle of a dwelling on the paddock to the front of Waldeck House has already been<br />
established by the outline permission. The issue for consideration here is whether the dwelling<br />
should be built without the improvements required by the Appeal Inspector being carried out at<br />
the junction of Chapel Lane and Tetbury Street. Policy G5 of the <strong>Stroud</strong> <strong>District</strong> Local Plan<br />
Revised Deposit Version (as amended June 2001) relating to highway safety is therefore<br />
relevant.<br />
In support of their case, the applicants state that this is the last development plot in Chapel Lane<br />
and therefore no further dwellings will use the junction; an increase in traffic using the junction<br />
does not materially increase the risk of conflict; there is no record of any traffic accident at this<br />
junction; recorded traffic speeds on both these roads is very low (24mph); newly published advice<br />
from ODPM states that sub-standard junctions result in increased safety as people take greater<br />
care; this ODPM advise is a material consideration to <strong>Planning</strong> Inspectors and GCC are<br />
proposing alterations to parking restrictions in Tetbury Street which will have the effect of calming<br />
traffic and improving visibility from Chapel Lane.<br />
The Highway Authority maintain that the appeal Inspector imposed Condition 6 for good reasons<br />
based on information submitted to the Appeal Hearing and the development would result in<br />
additional traffic movements on the existing sub-standard junction, contrary to Policy G5. The<br />
removal of the condition would be likely to increase dangers and hazards for other road users.<br />
Objections to the removal of the condition have been received from three neighbours who feel<br />
that this is a dangerous junction and any improvement would be welcomed. Letters supporting its<br />
removal have been received from six neighbours.<br />
Minchinhampton Parish <strong>Council</strong> supports the application. Their full comments are set out at the<br />
start of this report.<br />
In summary, the Appeal Inspector concluded, based on information submitted at a hearing, that<br />
the development was acceptable subject to the applicant carrying out improvements to a substandard<br />
junction. If that work is not carried out the application remains contrary to Policy G5 of<br />
the Local Plan. The application is therefore recommended for refusal.<br />
Sites Inspection Panel<br />
The Panel walked along Tetbury Street and Chapel Lane noting the visibility at the junction and<br />
the road widths. They then went on to inspect the actual development site. Officers explained that<br />
the condition was imposed by the <strong>Planning</strong> Inspector allowing an appeal for a new house in<br />
Chapel Lane, and was intended to improve visibility.<br />
The Ward Member, Cllr. Mrs Bird, felt that the condition was unnecessary as the roads were<br />
typical of the town which results in slow, careful driving. Moreover, visibility improvements could<br />
look unsightly, impacting on the Conservation Area. The Parish <strong>Council</strong> were not represented but<br />
support the application. The County Highways Officer stated that the visibility was substandard<br />
and the junction should be redesigned.<br />
49