Application Ref: / 3/2016/0877 /
Date Inspected: / N/A
Officer: / AB
DELEGATED ITEM FILE REPORT: / REFUSAL
Development Description: / Variation of condition 2 (approved plans) of planning permission 3/2013/0747 to remove footpath ramped links.
Site Address/Location: / Nab Rise Billington BB7 9NW
CONSULTATIONS: / Highways/Water Authority/Other Bodies
LCC Highways:
None received.
LCC Public Rights of Way:
The ramped access was included in the development proposal to accommodate the steps required by the developer to allow a change in land levels to allow the development to take place. It was on the basis that step-free access would be provided that the Public Rights of Way Team agreed to the levels being altered. From the outset the Public Rights of Way Team made it clear that it was not appropriate to install steps without a ramped access provision.
I object to the removal of ramped access at the south end of the Public Footpath as this disadvantages low mobility users. Any person using a wheelchair, pram or with mobility access is excluded from leaving the south end of the site and would be forced to use a diversion of approximately 500 metres, of which only 170 metres has the benefit of a pavement. This would put low mobility users at a disadvantage.
CONSULTATIONS: / Parish/Town Council
None received.
CONSULTATIONS: / Additional Representations.
Letters of representation have been received from two individual households/addresses objecting to the application on the following grounds:
- Steps have spoilt the character of the area
- Original stone wall and stone posts have been removed.
- Dangerous for disabled people and prams to access Painter Wood where the road is narrow and the pavements are in a poor condition.
- Pedestrians have to walk on the road along Painter Wood to get past parked cars.
- Provision of a footpath would provide a safer solution and there must be an engineering solution.
RELEVANT POLICIES:
Ribble Valley Core Strategy
DMG1 – General Considerations
DMG3 – Transport and Mobility
National Planning Policy Framework (NPPF)
National Planning Practice Guidance (NPPG)
RELEVANT PLANNING HISTORY:
3/2016/0218 - Modification of S106 Agreement attached to planning permission 3/2013/0747 in order to amend nomination criteria/process. Approved.
3/2014/0753 - Substitution of plots 12 to 15 of application 3/2013/0747 with 5no houses. Approved.
3/2014/0392 - Discharge of Conditions 3 - materials, 4 boundary treatments, 5 - contamination, 6 visibility splay, 8 - off site highway, 9 Access to be closed off, 10 - Traffic Management, 12 - Drainage proposals. Approved.
3/2013/0747 - Proposed residential development comprising 56no. dwellings including 15no, affordable housing units together with all associated infrastructure works. Approved.
ASSESSMENT OF PROPOSED DEVELOPMENT:
This application is made under section 73 of the Town and Country Planning Act 1990 to vary condition no.2 of planning approval 3/2013/0747 which granted consent for a residential development comprising 56no.dwellings and associated infrastructure works at the former Wilkinson Haulage Yard and adjacent land between Whalley Old Road and Whalley Road within the revised Settlement Boundary of Billington. The development is currently under construction and a number of dwellings are occupied. The development included the provision of pedestrian links to the north and south of the site including stepped and ramped access.
One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied. Condition no.2 of planning approval 3/2013/0747 contains details of the approved plans that form part of the original consent and the applicant seeks to replace approved drawing L(90)02U, which denotes the provision of ramped footpaths to provide pedestrian access from Whalley Road to the north of the site and Whalley Old Road to the south, with an amended plan which would remove these provisions. The stepped access points have already been constructed and would remain as part of the development.
Observations/Consideration of Matters Raised/Conclusion:
The principle of development is not for consideration; in determining this application consideration must only be given to the impact of the amendment that is being proposed. In this case, consideration must be given to whether the removal of ramped footpaths to the north and south of the development site is acceptable.
The site previously comprised a haulage yard and open field through which ran an unmade footpath (no.32) with narrow stone entrance steps to the north and south. As part of the residential development of the site, both a stepped and ramped access was to be provided from Whalley Old Road to the south and onto Whalley Road to the north. The developer now states that the final levels on site have been affected by the location and heights of drainage manholes and that the ramped footpath links would be too steep a gradient to be safely useable for wheelchairs, strollers or pushchairs. The stepped access across the site has been improved by installing disabled stepped access with handrails.
The Government’s ‘A guide to best practice on access to pedestrian and transport infrastructure’ states that “an 8 per cent (1 in 12) slope is the maximum that may be used; anything greater than this will cause difficulties for manual wheelchair users. Most guidelines also agree that 5 per cent (1 in 20) is preferred. Steeper gradients than these can be managed by some wheelchair users, but only over very short distances (1000mm or less), for example on a ramp between a bus entrance and the pavement.” The ramped access to the south of the site would have a maximum 1 in 6.5 slope whilst at the southern access point the ramp would be 1 in 5.5. These gradients are both in excess of those recommended.
Notwithstanding the above, at the request of the PROW Officer the applicant has agreed to provide the access ramp on the south side of the site which is considered to be most important in terms of providing access to low mobility users. Amended plans have been received and denote the removal of the pedestrian access ramp on the northern side of the site only. It is considered that the proposed alterations would not result in an unacceptable loss of access or permeability for pedestrians and is recommended for approval.
RECOMMENDATION: / That planning consent be approved.