Showing posts with label Right of Way. Show all posts
Showing posts with label Right of Way. Show all posts
Saturday, 18 June 2016
Beauty and squalor side by side in Kingsbury
Thursday, 22 October 2015
Reasons to vote aganst Ark Elvin Planning Application
These are Chetan Patel's notes for his speech at Brent Planning Committee tonight.
I kindly ask the
Planning Committee to vote against the ARK’s submitted planning due to the
below listed reasons:
1)
Proposed
‘Yellow Lines’ on Jesmond Avenue Without Consultations
Materials
changes in Construction Methodology Access Statement, which did not feature the
proposed of ‘Yellow Line’ controlled parking on Jesmond Avenue. Kiers have
failed to consultant the residents of Jesmond Avenue on this key issue, which I
believe is a ‘Material Change’, which displaces and affects approximate
80% the local residents parking.
2) Lack of Staff Car
Parking Spaces
The development only accommodates 47nr spaces and is derived from an survey of 100/111 staff which
finds there are 24 cars parked at the existing school. I know as a matter of
fact there are more than 24 cars parked at the school at present. The survey
result conflicts with the actual number of cars parked. The Transport Assessment
report should have physically counted the cars parked on the school for an
accurate representation of the facts, rather than relying on an incomplete
staff survey. I would also question if the cleaning, catering and maintenance
staff were included in the survey?
Our fear is that the parking allocation will not meet the real world
demand created by the development as suggested above.
There is a risk staff will park in the neighbouring residential streets
causing further social problems.
In my opinion parts of Transport Assessment report as aforementioned are
fundamentally flawed, and a new accurate report needs to be undertaken.
3)
Inaccurate Design Access Statement
The
Design Access Statement doesn’t recognise local community pubic right of way by
long usage (or “easement by prescription”).
Many hundreds and if not thousands of individuals in
our community have been continually using Copland Park for the aforementioned
reasons in excess 20 years. This use has occurred without protest from the
property owners. As a result, there is a legal presumption that there is a
right of way based on public use of Section 21 of the Highways Action 1980
Act. This gives the local community
pubic right of way by long usage (or “easement by prescription”).
We believed the existing playing fields were public
land until we saw sight of the misinformed planning application submitted by
ARK.
4)
Construction Methodology Statement
A)
Kier’s have stated ‘A
Public Consultation has been held to present and answer any queries local
residents and key stakeholders may have regarding the development’. We note Kier
have failed to provide reasonable notice period for the Public Consultation.
Kier notice of public hearing was posted at our address on the 2nd
July and the meeting was held on the 15th July 2015. I know many of the affected community could
not re-schedule their commitments with only 14 days notice. Thankfully I
managed to attend the consultation, and was surprised when Kier did not present
their Construction Methodology Plans. In fact, Kier didn’t present any
documentation related to their ‘Construction Methodology’ nor did they have
their Construction Methodology documents to hand to distribute at the meeting.
You couldn’t have even noticed Kier where at the Public Consultation. The
meeting was more of a design exhibition lead by the Architect. Kier’s merely
discussed their plans when asked about the construction methodology. Without
any Construction Methodology drawings and distribution of any documentations,
it was almost impossible to grasp the proposed site access and logistics. In
summary, I would describe Kier’s ‘Public Consultation’ as a poor and a misinformed event. I strongly recommend Kier
should be forced to re-hold the event and provide a reasonable period of a
minimum 30 days notice period prior to re-holding this meeting.
B)
Kier have failed to adequately demonstrate how they intend to manage
construction personnel parking. Their reports indicate an approximate area of
45m x 20m. How many construction personal cars will this space accommodate? Is
this allocated space enough? What happens if construction personal start
parking on residential roads? Is parking on the residential road permitted by
Kier or by Brent Council?
C)
Brent should stipulate as an ‘Planning Condition’ Kier need to
accommodate all necessary parking facilities within their site boundary, and
restrict any of Kier’s staff from using any valuable residential parking
spaces.
D)
Jesmond Avenue is a quiet residential cul-de-sac area which already has
insufficient road car parking capacity. I would also like to record, residents
on Clifton Avenue are already parking on Jesmond Avenue, who then use the
various alleyways between the roads to return back to Clifton Road. I fear
construction traffic personal parking on the community roads would further
complicate and disrupt the community relations in the area.
E)
Kier’s Construction Methodology states ‘all deliveries will be directed to arrive at site by travelling
along the North Circular Road, then along the Harrow Road (A404) then into
Jesmond Avenue. We have reviewed the different site access options with LB
Brent Highways Dept and Jesmond Avenue is the preferred option because it
provides the safest and shortest route between the A404 and the site’.
We would highlight
to Kier their conclusion that Jesmond Avenue is the shortest route from the
A404 and proposed site is incorrect.
(See Appendix B attached Map).
Option 1: 90m
using Cecil Avenue.
Option 2: 278m
using Jesmond Venue
Option 3: 424m
using London Road via Cecil Avenue.
I would also
question how Kier have concluded Jesmond Avenue is the safest route. I believe
the below listed risks affecting Jesmond Aveue has not been addressed by Kier.
·
• Jesmond Avenue is
a strictly cul-de-sac residential area where up to 8-10 children regularly play
on the road after school hours, especially between Stanley Road and the end of
Jesmond Avenue. When driving my car down Jesmond Avenue on a number occasions I
have been forced to apply my breaks in an emergency to avoid an accident with
the kids playing on the road. I fear heavy goods vehicles will not be able stop
in time in such emergency situations. How have Kier managed this risk?
·
Cars are parked on both sides of Jesmond Avenue, thus reducing the road
traffic to only one narrow lane, whilst still accommodating two way traffic. In
my opinion using Jesmond Avenue to access construction traffic particularly
heavy goods vehicles is dangerous and an accident waiting to happen.
·
With respect to the safest route, when using Jesmond Avenue construction
traffic passes 79nr residential properties, where if Cecil Avenue was adopted
construction traffic passes only 3nr residential properties, and makes Cecil
the safest route.
·
With respect to safest route, Jesmond Avenue has cars are parked on both
sides of the road, thus reducing the width of the road to a single narrow lane.
However, Cecil Avenue has cars parked on only side, and the other side is
protected by double yellow lines preventing cars parking on one side.
Therefore, Cecil Avenue a has greater clear width to accommodate heavy duty
construction traffic than Jesmond Avenue.
Under the CDM
Regulations, I believe Kier have failed to competently demonstrate Jesmond
Avenue is the safest Construction Access Road for the development.
5) Safeguarding
Risk
I’m horrified and
deeply concerned Kier have not elected to perform Criminal Records Bureau (CRB)
checks on all construction personal. The proposed works is surrounded by
vulnerable children and young adults from Copland School High School, Elsely
and St Josephs Primary School’s. Kier have a duty of care to ensure all
personal working near and in the vicinity are screened to ensure illegible
personal are not permitted to work on the construction works. This is even more
prevalent as the construction industry is very fragmented using large numbers
of self employed personal, appointed by specialist Sub-Contractors. It’s
likely, Kier would only appoint Sub-Contractors and thus would not have a
direct relationship with the operatives.
In my opinion, if Kier’s do not perform these high sensitive checks,
they are not fit to undertake the construction works. CRB checks is standard
practise on school works used by other top Main Contractors in the industry.
Labels:
application,
Ark Elvin,
Brent Council,
Brent Planning,
Highway,
Kier,
Right of Way,
safety
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