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We are instructed by Brierley Paddocks Management Ltd to object to the identified allocated site at Land at Brierley Paddocks, which is included within the Colchester Borough Local Plan Preferred Options document.
It is considered that the proposed allocated site at land at Brierley Paddocks is unsuitable for development and should not be taken forward within the Local Plan process. The salient issues of this allocation are considered in turn below:
The allocated site identified as land at Brierley Paddocks, East Road is located to the rear of a number of dwellings fronting East Road to the north, Seaview Avenue to the west and Cross Lane to the east. Policy SS17a of the Preferred Options document requires the site to be accessed via Brierley Paddocks to East Road. Brierley Paddocks is a private road serving five dwellings and passes within close proximity of a further two residential properties either side of the access point on East Road.
The land on which the access would be located is owned by our client. A 15 feet right of ray is enjoyed by the owners of the site to the south. Our client has advised us that they will not provide any additional access, which would be necessary in order to facilitate the development of the site. Therefore, the maximum possible with of this proposed access is 15 feet (4.572 metres).
The Essex Design Guide provides that a carriageway width of 4.8 metres with a minimum 2 metre wide footway on one side and a minimum 1.5 metre wide footway on the other side.
In order to comply with those requirements, a combined (carriageway and footway) width of at least 8.3 metres is required. This is significantly wider (almost double) than the extent of the right of way over our client's land.
In the absence of compliance with these requirements, it would not be possible to provide safe and suitable access to the site would not be able to be achieved for all people, contrary to paragraph 32 of the National Planning Policy Framework.
It is therefore apparent that the use of Brierley Paddocks as the main access point to the allocated site is both unsuitable and inappropriate to serve a development of 200 dwellings.
For information only, the use to which the right of way can be used is currently in dispute.
Also, the access would be located between two existing residential properties, and would pass an additional dwelling further along the access road. The proximity of any future access to the existing dwellings would result in a substantial increase in the number of vehicular movements passing in close proximity to these residential properties.
Given the proximity between the existing dwellings and any future access, occupants of the existing dwellings are likely to experience a significant reduction in the level of their residential amenity. The use of the access by future occupants of up to 200 dwellings on land to the south of the existing dwellings would introduce a high number of vehicular movements, severely impacting upon the level of amenity enjoyed by occupants of the existing dwellings by virtue of noise and disturbance.
The site allocated within emerging policy SS17a at Brierley Paddocks, East Road, West Mersea is constrained by the poor access. The potential access to the site would be particularly narrow, restricted by the Right of Way, and would pass immediately between existing residential properties causing harm to the amenity of occupants of the dwellings. It is therefore suggested that this site is not included the Local Plan.