Matters raised by Members of the Committee:-

Officer’s response thereto:-

What is the view in the terms of the visibility splay and safety?

With the layby in the diagram, the Highways Authority have raised no objections, they have argued that the verge coming out of the property is wide enough for a clear view behind any vehicles that are parked in the layby. They have also said that if this application is approved then the next stage would be that the applicants apply for a Vehicle Crossing Application and then the layby is further assessed at that point and if it needs to be shortened for any reason then it will be assessed at that point.

Could you give us more information about the telegraph pole and if there is a clear vision when a car is coming out?

Again, the Highways Authority have not raised any objections to the telegraph pole and have said it will be further assessed at the Vehicle Crossing Application stage. There is a possibility that the applicant may be required to remove the pole which will be at the applicant’s own expense and that will also be dealt with at the Vehicle Crossing Application stage but at the moment there have been no objections raised.

What is the latest stage for this application?

This is the application in planning terms to be considered but also the Highways Authority have their own application to consider later because they have to expressly consent to any new access joining their road. So that is separate and not a material consideration to us. The Highways Authority in their consideration will need to be assured of the safety aspects. So even if you do approve this application, they have to be assured themselves that there is a safe access, but safe access is also one of TDC’s material considerations too. In respect to the conditions in the report, there are a number of conditions that we can control and one of them is the removal of the hedgerow in order to allow the visibility as the car is coming out of the driveway, the applicant will have a rolling vision and it will vary as there may be cars in the layby or not. Unfortunately, that is a risk here that on occasion the applicant’s view is going to be blocked by the cars in the layby.

With regards to Condition 4 in the report, does that mean you can’t park there?

The problem with a car is that it is not a permanent object so Officers would suggest that Condition be found fault with in respect of the layby. It’s not a permanent feature that can be controlled and say it will be in breach of that. It will be a changeable obstruction that can change minute to minute so Officers don’t think it is possible to enforce that in respect of parking but in respect of anything else like telegraph poles and other matters we would.

Can we condition that there is no parking on that new build and dropped kerb?

No one can park there by default as it is not their land, that is Highway land.

Who does the greensward belong to?

The pavement and the greensward are Tendring District Council land but in Highway terms you have the public right of way in any event. So, the control is TDC’s and essentially Officers would not allow a car to park there as it would obstruct the public right of way.

Is there any condition that TDC can put on which says you can’t park on that greensward or the pavement?

Officers would say it is unlikely, but you can put a condition on that for avoidance of doubt. To clarify, Councillors may want to consider the condition would be to ensure no parking at any time on the access to the driveway leading to the parking area.

Is the area in front of the property a permeable surface?

The material of the parking area and it assumed it continues through to the driveway is regarded as block paved and there are two types of that, and some are permeable, and some are not but Officers can condition to that affect that it has to be agreed if you wish.