Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding a retrospective application for the variation of condition 9 (Rockwood Road ginnel) of approval 08/04771/RM to open the gate 30 minutes prior to start of school day and close 15 minutes after start of school day; open 15 minutes prior to end of school day and close 75 minutes after end of school day.

The report of the Chief Planning Officer presented an application for the variation of condition 9 (Rockwood Road ginnel) of approval 08/04771/RM to open the gate 30 minutes prior to the start of the school day and close 15 minutes after the start of school day; open 15 minutes prior to end of school day and close 75 minutes after end of school day.

Following deferral of the application at the previous Panel meeting, there had been a visit to the site to see the traffic situation at the end of the school day.

Site plans and photographs were displayed and referred to throughout the discussion of this application:

The following was highlighted in relation to the application:

• The ginnel gave a pedestrian link from the school to Rockwood Road and existing arrangements allowed the gate to the ginnel to be open 30 minutes prior to start and finish times and 30 minutes after.  The gate was to remain locked at all other times.

·  The proposed amended times sought were for gates at the ginnel to be opened from 8:00 to 8:45 on a morning which was 15 minutes shorter than currently allowed. 

·  On Monday, Wednesday and Friday, the school finished at 15:00 with extra activities taking place until 16:00.  It was proposed that the gate be opened from 14:45 to 16:15.

·  On Tuesday and Thursday, the school finished at 14:30 with extra activities taking place until 15:30.  It was proposed that the gate be opened from 14:15 until 16:15.

·  The gate was currently being used for these extended periods which had led to an increase in local concerns and complaints relating to highways safety and nuisance.

·  The numbers using the gates after the peak period would be minimal.  Refusal of the application and compliance with the original permission would not reduce the problems encountered at peak periods.

·  Planning officers had visited the site at peak times and the situation was described as chaotic.  Cars parked close to the ginnel, blocked driveways and made dangerous manoeuvres often mounting pavements.

·  The area surrounding the ginnel was residential in nature.

·  The main vehicular entrance to the school was directly off the ring road where there was high amounts of traffic.

·  A substantial amount of pupils attending the school came from outside the area and this access was more convenient and attracted a large amount of traffic.

·  Emergency traffic regulation orders to help alleviate the problems and had been partly successful with 155 tickets issued since September 2017.

·  The entrance on Rockwood Rood prevented traffic from using the ring road.  Use of the ring road entrance caused a 3.85 mile diversion.  This was exacerbated as traffic could only turn in one direction on exiting.  There was concern that drivers may carry out an illegal turn out on to the ring road if forced to use this entrance.

·  The school had provided further information with regard to the difficulties of using the ring road, and that the peak period of problems on Rockwood Road only lasted for twenty minutes.  The additional time requested was for only a small amount of students.

·  It was felt that extended opening would not prevent any considerable harm to residents amenity as this was only happening during the peak periods already allowed.

·  The application was recommended for approval.

A local resident addressed the panel with objections against the recommendation.  The following was highlighted:

·  When the original permission had been granted, residents had been led to believe that the permission would remain if residents did not object to an expansion of the school.  The existing permission had been breached ever since and the school had been advised to make a retrospective application.

·  The residential area was not suitable for the large volumes of traffic.

·  Residents had been subjected to threatening and abusive behaviour from parents using the area.

·  The ginnel was designed for pedestrian usage and not for extra traffic to use the area.

·  Concerns regarding the effect of pollution. Cars waited with engines idling.

·  Access for disabled residents was prevented and emergency vehicles would not be able to gain access.

·  There had been an accident which involved a local child.

·  A large number of residents had objected including 84 people who had signed a letter of objection.

·  In response to questions it was reported that problems were caused by parents trying to park as close to the ginnel as possible and arrive earlier to do this.  There had also been concerns raised by West Yorkshire Police regarding safety of pupils and residents due to the amount of traffic.

Representatives of the school addressed the Panel. The following was highlighted:

·  The complaints of residents were acknowledged.  There was a number of parents and taxi drivers who constantly parked inconsiderately.

·  The current management of the school were unaware of the condition regarding opening times for the ginnel and that they were in breach of this.

·  Following advice from Planning this retrospective application was submitted.

·  There had been a positive impact since parking restrictions had been implemented.

·  School staff were on duty at the entrance during peak periods.

·  The school had issued information to parents via letter and social media with regard to the problems encountered by residents.

·  In response to questions the following was highlighted:

o  The problem drivers should be penalised and not the students.

o  Details of offenders vehicles had been taken and passed on to enforcement officers.

o  Increased use of the main entrance could lead to dangers and there had been instances of vehicles making illegal turns on exiting.

o  The drop off point at the main entrance only had space for 8 cars and this led to traffic backing up on to the ring road.  It was not felt possible to extend pick up/drop off arrangements within the main entrance area.

In response to Members comments and questions, the following was discussed:

• The existing condition did not specify the start times.
• Concern regarding threatening behaviour.
• What additional enforcement action could be taken not just with regard to parking but also idling engines.  Traffic regulation orders had been introduced and actively enforced by traffic officers.
• Concern that the main problems were encountered during periods that the current permission allows for the ginnel to be open.  Not allowing the application would increase traffic on the ring road.
• The need for increased enforcement measures.
• It was suggested that further monitoring for an extended period to gauge the problems be carried out.  It was reported that his could be done should Members be minded to defer the application.
• Concern that this was a highways matter more than a planning matter and that there should be also be enforcement action taken against taxi drivers by licensing officers.

A proposal was made and subsequently seconded to approve the application.  This was voted against.  Following this, drafting of full wording for reasons for refusal to be delegated to officers.

RESOLVED – That the application be refused for the following reasons.  Detailed wording deferred to officers to draft.

1. Detrimental impact of vehicle movements and parking on residential amenity in the extended 45 minute opening period.

Members also tasked highways officer to consider feasibility of creating a car park accessed off either Meadow Park Drive and on land to the East of the site between the school and the Ring Road accessed off the existing main access.  It was also suggested that Taxi Services should be involved to in some way dissuade parents whom are Taxi Drivers using Rockwood Road for pick up and drop off of their children.  However, as most of these vehicles are likely to be registered in Bradford this may achieve little.