Visibility Splays - Carriageway or Highway??

[legrandfromage]

It will be 21 weeks on Thursday since I submitted a planning application to make some changes to my house. It was once a village post office, shop, petrol station and garage, and I believe a small coach company operated from here until the 60s. My aim is to reinstate the the original cottage (with some improvements) and get rid of the various extensions that have accreted over time.

There seems to be a sticking point over my wish to extend my porch from a 1x1.2 metre flat roofed box erected in about 1960 to one which is less of a squeeze.

I believe the man from highways has objected to this as he "feels" that the extra width will obstruct the view up the road from th driveway. As far as I'm aware, if you take a point 2.4metres back from the "carriageway" (which I assume is demarkated by the dashed white lines) then so long as the changes make no difference on an unclassified road, there should be no problem. As it happens, the proposed changes make no difference as the sightlines (which are very good from that point) are limited by neighbouring buildings. I have however been informed by the planning officer that the measurement should be taken from the edge of the "highway" boundary. This does make a difference as the highway boundary is a bit closer to my house than the carriageway boundary. In this case the new porch will be a limiting factor, but we are in the order of centimetres difference.

I have asked for site visits, offered to redesign if necessary (which will doubtless entail another consultation period). After 21weeks I'm getting a tad impatient. It seems a lot is hanging on whether the measurement should be from the "higway" or the "carriageway". Anyone know?

LGF

[John]

SNIP

The highway can include any footpath and verge right up to the hedge or boundary with adjacent land. Highway law is quite interesting but can be a minefield as well. Beware also of "Ancient Highway" rights or "Awarded" roads and tracks.

[4square]

The visibility splay setback of 2.4m is measured from the channel or edge of the carriageway, or the kerb face if there is one. In many years of this type of work, I have never known it to be taken from the highway boundary, which may be at the back of footway or verge, etc.. Planning applications should be completed in 56 days, I think.

[legrandfromage]

That is certainly reassuring! When the planning officer told me the measurement was from the highway boundary I was sure she was wrong. The proposed porch is 2.2m from the carriageway, so only 20cm can affect the visibility splay. You can see well up the road from where the driveway will hopefully exit.

I was told planning apps should take 8weeks, but I think this one is more likely to take 28weeks! The only objection to my plans has come from the Highways, all my neighbours are very pleased I am doing something about the village eyesore!

Unfortunately there is another issue complicating the situation. I discovered that my porch (and those of two neighbours) is on the highway. Before I submitted my planning application, I wrote to the highways explaining that while considering renovating my porch I discovered that, as far as I could tell, it was on highways land, and had been for 45 years. They confirmed this and suggested supporting an application for a stopping up order for a thin strip of land in front of my house (it really does go nowhere, and no-one can walk on it without crossing land which is mine first). All was going very cooperatively until someone else in highways told them not to write the report. This same person has threatened (via the planning officer)to take action to force me to take down the existing porch. I can see their point of view entirely, but it seems very odd to be taking such a firm stance 45years on. I will also be mortified (not to mention ostracised) if the repercussions spread to my neighbours.

What a can-o-worms!

4square wrote:

[Tony Williams]

Our house is 35 years old and part of our front apron is deemed in the deeds as an unofficial part of the lane outside, for the purpose of vehicles passing each other.

The deeds state that we cannot permanently obstruct part of the apron, measured as 17 feet from the *other* side of the lane. It also means that we have to bear the cost of any wear or damage to our apron caused by heavy vehicles using it. Fortunately not that often an event.

[Dave]

Any can of worms can be sorted if you know the ground rules that the authorities work to. There are all sorts of caveats that can affect the plot.

I doubt that any local, rural, or any other authority knows all the rules that apply to planning.

I suggest that you ask the various planning authorities for copies of the rules that they are working to and then get some one who is well versed in the use and understanding of the English language. (Not a lawyer, but some one who as a good grasp of English and its use.)

It does not need a lawyer to understand these rules, but you will need some one who can define the following...

Shall. May. Must. Can. Should. Could.

I could go on, but it is late and I am tired.

Of the above, only Must, is mandatory.

Dave