“(1) Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry. (2) At the start of the inquiry the inspector shall identify what are, in his opinion, the main issues to be considered at the inquiry and any matters on which he requires further explanation from the persons entitled or permitted to appear. (3) Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph. (12) The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.”
“(1) Any party to a planning inquiry is entitled (i) to know the case which he has to meet and (ii) to have a reasonable opportunity to adduce evidence and make submissions in relation to that opposing case. (2) If there is procedural unfairness which materially prejudices a party to a planning inquiry that may be a good ground for quashing the inspector's decision. (3) The 2000 Rules are designed to assist in achieving objective (1)(i), avoiding pitfall (1)(ii) and promoting efficiency. Nevertheless the Rules are not a complete code for achieving procedural fairness. (4) A rule 7 statement or a rule 16 statement identifies what the inspector regards as the main issues at the time of his statement. Such a statement is likely to assist the parties, but it does not bind the inspector to disregard evidence on other issues. Nor does it oblige him to give the parties regular updates about his thinking as the Inquiry proceeds. (5) The inspector will consider any significant issues raised by third parties, even if those issues are not in dispute between the main parties. The main parties should therefore deal with any such issues, unless and until the inspector expressly states that they need not do so. (6) If a main party resiles from a matter agreed in the statement of common ground prepared pursuant to rule 15, the inspector must give the other party a reasonable opportunity to deal with the new issue which has emerged.”
“The issue of overlooking in general, and the impact of the proposed development on the privacy and amenity of Number 16 Woodside Road in particular, were squarely raised before the Inspector. They were “fairly and squarely at issue”
“The second main issue had been raised by Mr Fowler and others in correspondence prior to the inquiry. Thus the [developer] had an opportunity to present whatever evidence he wished in response. Having heard Mr Fowler amplify his objection in his oral evidence, the [developer] had a further opportunity to respond.”
“Although the A4155 is subject to a 30mph speed limit in this location, it is semi-rural and has a straight alignment on the southern approach to the junction with Station Road. If drivers travel at speeds greater than 30mph there may not be sufficient stopping sight distance in the event that a pedestrian steps out to cross the road from the inside of the bend at the proposed pedestrian crossing location. There is a risk, therefore, that pedestrians may be struck by passing vehicles with resultant serious injury. Recommendation. Checks should be made to ensure the 43m visibility envelope shown on CEC Plan 3537.202(A) [Proposed Footway Route to Local Services], enclosed within Appendix 1, at the proposed pedestrian crossing point is adequate for the vehicle approach speeds along the A14155. Safety Concern The 43m visibility envelope shown on CEC Plan 3537/202(A) [Proposed Footway Route to Local Services], enclosed within Appendix 1, for the proposed pedestrian crossing location will require the trimming and/or removal of the hedgerow/vegetation on the inside of the bend at the junction between A4155 and Station Road. The visibility envelope will not otherwise be achievable with the resultant significant risk that pedestrians may be struck by passing vehicles Recommendation Ensure that the trimming/removal of the hedgerow is deliverable and that there are no other obstructions within the visibility envelope. The visibility envelope should be kept clear thereafter.”
“Designers Response Visibility has been shown for the posted speed limit of the road and the proposed pedestrian crossing is well within the 30mph speed limit zone and at a sharp s-bend in the road alignment, therefore vehicle speeds should be at or below the posted 30mph speed limit. However, should the local highway authority require, further speed tests could be carried out to obtain actual vehicle speeds and the pedestrian visibility splays adjusted accordingly.”
“Designers Response. Extent of Public Highway data has been obtained from Oxfordshire County Council (OCC). This has confirmed that the visibility envelope shown on drawing no. 3537/201 Rev A is achievable within public highway. A copy of this plan is contained in appendix 1.”
“It would cause serious traffic safety issues • It is near a double bend/chicane at the Shiplake War Memorial crossroads junction, this being the location of many road traffic accidents and a fatal road traffic accident in 2006” “The A4155 is already a busy road which is exceptionally difficult to cross safely even by the able bodied, let alone by anyone with a walking disability or visual impairment. Anyone who attempts to access the 500 bus stop or Woodlands Road on foot by crossing the A4155 near the Shiplake War Memorial will testify to the difficulty and danger, with lack of vision from each direction of approaching traffic at these curves in the road.” “The Reading Henley road is incredibly dangerous with a very tight corner at the Shiplake turning… The crossroads at the Shiplake War Memorial are lethal as school buses and public buses all stop there and hinder visibility on what is already a treacherous corner.” “To allow this development would mean major changes are required to the Reading Road adjacent to the War Memorial where there have been numerous accidents including one fatality in recent years as a result of the sharp bends at that junction with Lower Shiplake.” “I am very concerned about the dangerous road conditions at the Shiplake Memorial road crossing with Reading Road and Station Road. This is already a source of accidents, and is very difficult with bus and coaches waiting at school time.” “I never let any of my children, ages 8, 13 and 15 cross the A4155 as I find it extremely dangerous and during my time living here (I have a friend who lives on the War Memorial corner itself) have known of many accidents over the years – as many motorists DO NOT adhere to the 30mph speed limit and then when they hit the corner have lost control…” • It is near a double bend/chicane at the Shiplake War Memorial crossroads junction, this being the location of many road traffic accidents and a fatal road traffic accident in 2006”
“The A4155 Reading Road has a 30mph speed limit along the site’s boundary, yet it exhibits the rural character of a road with a national speed limit of 60mph. Traffic is prone to speeding along its length and the presence of a sudden and sharp bend and hidden dips does nothing to improve its safety. The road is a known accident blackspot, it is difficult to cross due to traffic speed and volume and visibility, and there has been a fatality in recent years…. We are concerned that although an access solution is promoted that meets the technical requirements for a road limited to 30 m.p.h. it does not take into account the true elements of this road…. Given the road’s issues in terms of traffic speeds and safety, and the barrier the road creates between the village and the countryside to the west, the site at Thames Farm is wholly unsuitable for development.”
“Access point 4 connects to Reading Road (A4155) at the south-eastern corner of the site and it is agreed that it will provide access for pedestrians wishing to walk along the proposed footway (on the west side of Reading Road) towards Lower Shiplake village centre.”
“Whilst it is agreed that the site access arrangement, above-mentioned access points and proposed footway along Reading Road will all be subject to detailed design, the remainder of this Section outlines the design principles that have been agreed.”
“Access Point 4 will lead from the south eastern corner of the site where it will link with the proposed footway to be constructed in a southerly direction along the western side of Reading Road (A4155) (refer to Section 5.0 of the SoCG). A staggered barrier arrangement is proposed immediately before the footpath reaches the western side of the A4155 carriageway. This detail is agreed, and is shown on CEC Plan 3537/201 Revision H [Proposed Site Access Ghost Island Right Turn Lane] in Appendix 1. This footway will also be 2m wide.”
“The Stage 1 road Safety Audit is contained in Appendix 3. The findings of the Road Safety Audit are self-explanatory. Also provided within Appendix 3 is the Designer's Response to the Road Safety Audit, where the former document addresses the minor points raised by the auditors.”
“Footway Prior to Occupation. Prior to the first occupation of the development hereby permitted, the footway alongside the Reading Road (A4155) and crossing point as illustrated in principle on Drawing 3537/202 Revision A, shall be laid out, constructed and completed in accordance with specification to be submitted to and approved in writing by the Local Planning Authority.”
“it is clear that the highway authority and the local planning authority were content with the principle of the crossing proposed at the War Memorial Island site but wished to control the detailed design or specification of the link having regard to, amongst other things, matters raised in the safety audit.”
“the safety and convenience of users of the highway and other public rights of way”
“In considering the appeal the Inspector will take account of all written representations as well as the evidence heard at the Inquiry.”
“Neither the Council nor the Highway Authority object to the scheme on the basis of its effect on the safety and convenience of highway users. Nonetheless, I have had regard to the concerns raised by other interested parties, including Shiplake Parish Council.”
“29. At the request of the Highway Authority, route A has been the subject of a Stage 1 Road Safety Audit (RSA). The RSA identifies that ‘although the A4155 is subject to a 30 mph speed limit in this location, it is semi-rural and has a straight alignment on the southern approach to the junction with Station Road. If drivers travel at speeds greater than 30 mph, there may be insufficient stopping sight distance (SSD) in the event that a pedestrian steps out to cross the road from the inside of the bend at the proposed pedestrian crossing. There is a risk, therefore, that pedestrians may be struck by passing vehicles with resultant serious injury. Checks should be made to ensure the 43 metre visibility envelope shown on the application plans is adequate for vehicle approach speeds.’ 30. The Designer's Response to Stage 1 Road Safety Audit suggests that the proposed visibility envelope ‘has been shown for the posted speed limit of the road and the proposed pedestrian crossing is well within the 30 mph speed limit zone and at a sharp-bend in the road alignment, therefore vehicle speeds should be at or below the posted 30 mph speed limit.’ However, based on what I have read, heard and seen, I consider that little reliance can be placed on this view. Records of speed surveys undertaken along the 30 mph section of Reading Road in the vicinity of the appeal site show 85th percentile speeds significantly in excess of the 30 mph speed limit. Whilst the appellant has indicated that the proposed highway works in the vicinity of the appeal site entrance would be likely to have a traffic calming effect, there is no evidence before me to show that this would be likely to significantly depress traffic speeds approaching the proposed crossing point at the war memorial island, which is some distance away. I have had regard to the guidance set out in Manual for Streets to the effect that reduced forward visibility tends to reduce average speeds. Nonetheless, based on my own observations, both as a driver and pedestrian travelling along Reading Road, I saw little evidence that the bends in the road in the vicinity of the proposed crossing point caused traffic to slow to any significant degree. 31. With reference to the speed survey results, the appellant indicated at the Inquiry that vehicles may require SSDs of up to around 63 metres northbound and 87 metres southbound. I have not been provided with any compelling evidence to show that this could be achieved in the vicinity of the proposed crossing at the war memorial and consider it unlikely on the basis of my own observations. 32. Whilst the Highways and Transport Statement of Common Ground (SoCGH) indicates that the detailed design process may reveal a more suitable point at which to cross Reading Road, no details of likely alternatives have been provided to me. Given the winding nature of the highway hereabouts, which restricts intervisibility between drivers and pedestrians crossing the road, I am not convinced that a suitable alternative could be found. I give the unsupported assertion contained within the SoCGH little weight. 33. The TA indicates that over 50 pedestrians are likely to travel to, and a similar number away from, the site each day. I saw that in the morning and early evening, when pedestrians would be most likely in my view to want to travel between the appeal site and facilities within Lower Shiplake, such as the train station and school bus pick-up points, traffic conditions along the A4155 were busy. I have no reason to believe that these conditions were unusual. Due to the limited intervisibility between pedestrians starting to cross the highway in the vicinity of the war memorial and drivers approaching along the A4155, I consider that there would be a significant risk of pedestrians crossing when approaching drivers have insufficient time to react to avoid a collision. Furthermore, drivers who are able to stop in time to avoid a pedestrian part way across the highway would themselves potentially interrupt the free flow of traffic. In my judgement, the use of the proposed crossing would be likely to pose a serious threat to the safety and convenience of highway users. 34. I conclude that the proposal would be likely to have a severe adverse residual cumulative effect on the safety and convenience of highway users. In this respect it would conflict with the aims of Policy T1 of the South Oxfordshire Local Plan 2011 (LP), which are consistent with the Framework insofar as it seeks to ensure that safe and suitable access to the site is provided and that conflicts between traffic and pedestrians are minimised. This harm weighs heavily against the grant of planning permission in this case.”
“the well-known principle that, although an Inspector is not bound by an agreement reached by an appellant and the local planning authority in a statement of common ground, if the Inspector is going to depart from that agreement in the reasons given for deciding the appeal, then in general the Inspector should give the participants at the inquiry an opportunity to deal with the issue he or she has in mind in order for the procedure to be fair.”
“It follows that in a case where the local planning authority does not resile from the statement of common ground agreed with the appellant and the Inspector does not reveal at the inquiry his or her disagreement with a matter contained in that statement and that disagreement influences the outcome of the appeal, the court may be unable to uphold the decision unless it can be shown that the appellant ought reasonably to have been aware of that issue and its potential significance for the decision from another source, for example third party representations.” (Emphasis added)
“That was a merely generalised statement capable of covering any highway issue. It could not be taken by itself as indicating the possibility that the Inspector would contradict the position agreed between the claimant and the two local authorities on the pedestrian crossing.”
“I have reread all of the passages identified. In my judgment, whether taken individually or collectively, or even with the other matters relied upon by the Defendant, they did not represent a proper or sufficient indication to the claimant of “significant issues” being raised, let alone issues which could become determinative in the appeal. Many of the representations were of a very general nature as might often be encountered in a planning appeal.”
“… it would hardly accord with the highly focussed nature of modern public inquiries to expect the appellant to deal with each and every representation of that kind, particularly if the matter had been resolved in a statement of common ground agreed with the authority. That focussed approach acknowledges a need to apply finite public resources for planning inquires not only fairly but also efficiently and to avoid the appeal process becoming too protracted.”
“In any event any such concern [i.e. concern about safety at the crossing point] could readily have been met by the imposition of a condition in “Grampian” form, preventing development taking place in the absence of an agreed solution. Further, the Inspector gave no adequate reason for failing to deal with the matter in this way.”
“Whilst the Highways and Transport Statement of Common Ground (SoCGH) indicates that the detailed design process may reveal a more suitable point at which to cross Reading Road, no details of likely alternatives have been provided to me. Given the winding nature of the highway hereabouts, which restricts intervisibility between drivers and pedestrians crossing the road, I am not convinced that a suitable alternative could be found. I give the unsupported assertion contained within the SoCGH little weight.”
“[78] Going back to the representations made by third parties it is plain to me that they did not seek to question the agreement of the planning authorities with the Claimant that the location and design of the crossing could adequately and properly be controlled as a detailed matter pursuant to a condition on the permission by adjusting the crossing point and/or the visibility splays within the land available. [79] Applying the principles in Hopkins and the other authorities to which I have referred, I am satisfied that in this respect the Inspector failed to comply with the appropriate standards of procedural fairness. For these reasons ground 2 also succeeds and the decision must be quashed in any event on this ground.”