Whilst the Group maintains its objection to mineral development at Straitgate Farm, we are not averse to pointing out improvements in the proposals - where improvements can be seen; Aggregate Industries adopted a suggestion we proposed last year to modify the extraction boundary and reduce hedgerow loss by 500m.
The current site access plan can also be improved. That much is obvious. If the person who first put it together was subsequently found to have fabricated traffic numbers, then how much faith can local people have in his design?
AI's proposed access onto the B3174 Exeter Road for up to 200 HGVs a day centres on Birdcage Lane, the narrow lane on the right of the Street View above, much used by dog-walkers, joggers, ramblers and cyclists. The plans have been the subject of much concern and complaint - click site access label to see how much - particularly with regard to the potential impact on pedestrians and school children, particularly knowing that so many pedestrians are killed or injured in collisions with HGVs.
Many representations and objections have been made to DCC on this matter, including from solicitors Foot Anstey and the highways consultants Vectos. The proposal would also damage third party property. Solicitors warned DCC that:
any development which may cause such damage [to Tree H] will be resisted through available legal means, which may include an application for an injunction and/or an action for damages. Any such action would be brought against both the applicant and the Council (in its capacity as the local highways authority), and may also include a private prosecution for criminal damage.
The original design has since been passed to another set of consultants. It has been through a number of revisions - the latest revision of which has the inclusion of a narrow gravel path. AI proposed this path to be gravel in an effort to protect itself and the Council from the legal action above, but Vectos explained why such a path could not be implemented nor protect the tree. Solicitors warned DCC again:
In relation to the proposed drawing provided by the applicant, it is clear that it creates even more problems.
With each new attempt to address a problem, the applicant merely creates new ones, demonstrating that the scheme is inherently poorly conceived.
Despite this, DCC Highways appeared content with the gravel path proposal, and maintained in correspondence with a county councillor:
There are plenty of historical locations in Devon where a gravelled surfaces [sic] adjacent to the road are used and are safe for pedestrians.
When asked to provide examples of these locations, DCC Highways answered:
The Ex Estuary Trail [sic] and the Tarka Trail has areas where there is rolled stone finish to the surface.
It’s not clear if either of these locations have gravelled surfaces adjacent to the road - but hey, if Birdcage Lane could be viewed in the same light as the Exe Estuary and Tarka Trails, who cares? Local tourist businesses would surely welcome the area becoming a magnet for ramblers, cyclists and the like!
Nevertheless, with all the inherent problems in the existing access scheme, a number of proposals have been made to the Group, including one to the west of Birdcage Lane (i.e. to the left of the lane in the Street View above), that was then put to Vectos for scrutiny. Highways consultants verified that the proposal was feasible, had the required visibility, and offered safety advantages over the existing plan. Specifically it would:
- eliminate all interaction between HGVs and pedestrians (including school children)
- make it easier for vehicles exiting Toadpit Lane onto the B3174 by avoiding conflict with HGVs
- save three veteran oak trees and a length of ancient hedgerow
- reduce the visual impact - including from the AONB - by retaining more site screening
Furthermore, the area would also be easier to restore post extraction, and remove any conflict with PROWs and third party farm gateways. As an aside, it would also protect DCC from any legal action in relation to Tree H, and even be cheaper for AI.
Vectos’s letter has been sent to DCC. It looks like a no-brainer.
Both DCC and AI would obviously be open to criticism - or worse - if this alternative were not properly considered, and a serious accident were to result from the current design and/or the failure to separate HGVs and pedestrians.
