Decision details

The Cabinet Member with the Economy Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to a motion from Council regarding access from the Skerningham development to the highway network and the integrity of Green Lane.

The submitted report stated that the the motion proposed at the November 2020 Council meeting requested Cabinet to consider a report which would prevent highway access from the Skerningham Development at various locations and maintain the integrity of Green Lane; highway law dictated that where roads were public highways, there was (in general) no limit to the additional use of those highways, and any restriction of use must be founded by convincing highways evidence; as part of the Local Plan process further control stages would be in place that would consider any necessary highway restrictions or mitigation if, and when, the Local Plan was adopted; the traffic modelling work undertaken by the Council for the Local Plan was a strategic assessment that indicated that the proposed allocations could come forward and this would be independently tested through the inspection process; some additional work was undertaken to consider whether the Springfield Park link road was critical and a high-level assessment found the link road to be beneficial but not critical; and that the assessment did look at other existing roads and found there was sufficient theoretical link capacity to carry additional traffic, but it did recognise that it potentially added significant traffic onto the existing local roads and it identified new roads and infrastructure would be required over the plan period.

It was reported that as there were no detailed planning applications submitted for the Council to consider at this stage Cabinet was not in a position to be able to legitimately substantiate any restriction to the public highway; should an attempt to impose a restriction to the public highway ahead of due consideration of evidence via a planning application it would not be a material consideration in considering that planning application; the Local Plan was a long-term strategy with development coming forward gradually over time with a review of the plan every five years; there were already controls in place that would enable the concerns expressed by residents to be considered in much greater detail at the appropriate time; and that Green Lane was a Public Right of Way (Bridleway) and already afforded protection under Highway Law requiring processes to be considered and followed if any modifications or amendments were proposed to the integrity of the route.

A Member in attendance at the meeting addressed Cabinet in respect of the deletion of the Springfield Park link road and to the access points to / from the Skerningham Development.  Questions were also raised by members of the public as to the why the Council could not make a determination on other potential routes if it could rule out the Springfield Park link road and why Beauly Drive and Whitebridge Drive access points could not be ruled out.  Reference was also made to a playing field at Caithness Way / Galloway and if it was in Council ownership whether it could be ruled out of any future development.

The Cabinet Members with the Local Services and Economy Portfolios responded thereon.

RESOLVED – (a)  That it be noted, as detailed in paragraph 7 of the submitted report, that Cabinet are not in a position to legitimately substantiate any restriction to the public highway at this point in time.

(b)  That the protection, under Highway Law already afforded to the integrity of Green Lane, as detailed in the submitted report, be noted.

REASON - To consider a report to examine possible restrictions on access to the proposed Skerningham development and the integrity of Green Lane.