APPENDIX C – Consultation response from Hertfordshire County Council as Highways Authority

Decision
Notice is given under article 16 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 that the Hertfordshire County Council as Highway Authority recommends that permission be refused for the following reasons:

1.) St Albans Road is unsuitable in width and construction for the type and number of Heavy Goods Vehicles likely to be generated by the proposal and therefore it would give rise to conditions prejudicial to highway safety.

Informative:

This planning application is applying for permission to allow concrete/hardcore material to be tipped on-site, and crushed all year round with the continued recycling of soil products.

Codicote Quarry is located to the south west of village of Codicote. It is currently used for soil processing and chalk extraction, and currently is allowed to crush concrete for 28 days per year under permitted development rights. There are also limits on the number of vehicle movements associated with chalk extraction at the site, but no limits, on the existing planning permission exists, relating to soil processing and blending. The applicant proposes to reduce this to an average weekly total of 200 laden vehicle movements. CCTV and barriers are also proposed to be installed to control vehicle numbers and the quality of the material brought into the site.

It is also proposed that no more than 75,000 tonnes per year of material would be processed. There is currently a weighbridge onsite, and an operational wheel spinner and it is proposed that by February 2013 a wheel wash would also be installed. The proposal is not looking to alter the site entrance or increase vehicle movements into the quarry, but the applicant wishes to widen the range of material they are allowed on their waste stream.

Access:

The access to the quarry is gained from St Albans Road, which is classified as a Local Distributor Road ‘C46’ within the County’s road hierarchy. To the south and immediately north of the site, it is rural in character. Further north, the road enters the outskirts of Codicote and it becomes suburban and then urban in character. St Albans Road is very narrow in places is no wider than 4 metres, particularly in the built-up area and serves a school access along its route. Whereas, in the rural part the road, it is tortuous and narrow (varies between 4m -5m in width). There are also signs of verges being eroded by heavy goods vehicles.

Policy:

The applicant has failed to demonstrate that the proposals comply with policy 13 of the Hertfordshire Waste Development Framework, which states: “New waste related development and the expansion of existing waste management facilities will be permitted where it is clearly demonstrated that the provision for vehicle movement within the site, access to the site, or the conditions of the local highways network are such that traffic impacts likely to be generated would not have a significant adverse impact on: i) highway safety;

ii) the effective operation of the highway network;

iii) amenity; iv) human health;

v) the historic and natural environment.

In assessing the likely impact of traffic movements, account will be taken of: i) any highway improvements ii) traffic management; or

iii) other mitigating measures that may be provided in association with the development and included within a design and access statement. “

The proposals are also contrary to County’s Local Transport Plan (LTP). Section 3.2 of LTP3 (Volume 2) clearly indicates that the County will resist development where the proposals would increase the risk of accidents or endanger the safety of road or rights of way users. It further states that “The county council has consistently sought to ensure its transport policies are fully integrated with the land use planning policies at the regional, county and local level. An essential element of the overall county development strategy, with its emphasis on urban regeneration, is to minimise the need for travel and encourage less environmentally damaging forms of transport.”

In terms of hierarchy of roads adopted by the council, Section 3.2 of LTP3 (Volume 2) states that for ‘Rural Local Distributor and Access Roads’ the County would resist developments which would generate an unacceptable change in the amount or type of traffic.

Previous Planning Appeals:

There were two past planning appeals for the site concerned. These were allowed subject to planning conditions. However, following comments were made in the Inspectors’ report:

1996 Appeal Report: In paragraph 16, the Inspector stated that “On the highways evidence I am convinced that the road is potentially dangerous. Because of its width and configuration it is not suited to carrying heavy goods traffic. It has a rural character for much of its length and there is a clear evidence that the road verges have been affected, probably by large vehicles. This has had a harmful effect on the amenities of the area. In this locality heavy lorries will cause annoyance and trepidation and harm the quality of life, even if they cause no accidents”. To this end he recommended strict control of the number of lorries using St Albans Road.

1993 Appeal Report: In paragraph 59 the Inspector states that “In my view, it is most unfortunate that the highway impact of the likely range of soil operations which could be conducted within the 1980 planning permission were not fully considered and dealt with when the permission was granted This is all the more regrettable when it seems that shortcomings in St Albans Road were apparent at that time.”

Refusal Grounds:

The proposal is not to increase vehicle movements into the quarry, but to widen the range of material the applicant is allowed on their waste stream. The applicant claims to reduce the soil processing and blending process to an average weekly total of 200 laden vehicle movements. It is however difficult to establish the actual levels of reduction bearing in mind no information has been provided of the existing lorry movements taking place for such activity.

Whilst the traffic associated with the current soil operation is uncontrolled, from a planning perspective, it is largely seasonal and takes place from March to October with little activity between November and February. Whereas the proposal to allow concrete/hardcore material to be tipped on-site, and crushed all year round would increase vehicle movements particularly during the winter period months. With limited daylight hours, any increase in lorry movements between November and February would give rise to conditions prejudicial to highway safety bearing in mind St Albans Road is not suited to carrying heavy goods traffic. This road is a Local Distributor Road and such a proposal would be contrary to the above mentioned policies.

The applicant was also requested to consider a constant level of annual lorry movement for all site operations so as not to reinforce the peaks which occur with the quarrying operations. The applicant declined to co-operate on this matter.

For this reason it is recommended that the application be refused.

Alan Oggelsby

Date 19/12/2012