Part 1: Introduction

1.1 This document was adopted as Leicestershire County Council policy by the Decemeber 2007 meeting of the full County Council. It was adopted as City Council policy with effect from 1st January 2008.  Derbyshire County Council has adopted this document as interim guidance with effect from 31st January 2008.

1.2 We, the County Councils and City Council, are the highway authorities for the areas shown in Figure IN1. The unitary authority of Rutland fulfils this role in its area.

Note: This is the first version of Htd to be jointly used by Leicestershire, Leicester City and Derbyshire Councils. All references to 'us', 'we', 'our' and so on means Leicestershire County, Leicester City and Derbyshire Council unless otherwise indicated. However, you will still need to contact Leicestershire County Council officers to discuss highway issues in the area for which it is responsible and likewise Leicester City and Derbyshire County officers if you have any questions about highway matters relating to developments in their respective areas.

1.3 Please see Part 7, appendix A for planning authority contact details.

1.4 Leicestershire County Council is responsible for a range of highways and transport issues including:

Our charter document 'Leicestershire Highways Our Commitment to you' provides further details on the highway services that we deliver.

Our Department of Highways, Transportation and Waste Management deals with those roads we are responsible for. Within that department, the Transport Planning (TP) Group is responsible for considering how development proposals will affect the highways and transportation infrastructure. It deals with all highways and transportation matters, including:

The Department works closely with other departments within the County Council and we often work with the City Council on development proposals which will have a major impact on both County and City roads. You should contact the TP group if you want to discuss highways and transportation aspects of a development proposal. You can find contact details in Part 7, appendix A.

1.5 Leicester City Council is responsible for a range of highways and transport issues, including

The City Council's Regeneration, Highways and Transportation Division deals with those roads we are responsible for. Within this Division, the Transport Strategy Section is responsible for considering how development proposals will affect the City's highways and transportation infrastructure. It deals with all highways and transportation matters, including:

The Section works closely with other departments within the City Council and we often work with the County Council on development proposals which will have a major impact on both City and County roads. You should contact the Transport Strategy Section if you want to discuss highways and transportation aspects of a development proposal in the City. You can find contact details in Part 7, appendix A.

1.6 ‘Highways, transportation and development’ (Htd) replaces the original publication Highway Requirements for Development, whcih applied in Leicestershire and Leicester City, and Derbyshire County Council publication "Roads in Housing".  This is an interim version, published to ensure that Htd reflects latest national guidance pending a more comprehensive review. It:

*Following publication of the MfS, we are conducting a two stage review of Htd. This version reflects the outcomes of stage one of our review. Further changes are likely to made in response to the MfS in stage two of the review, although this has yet to be timetabled.

1.7 Htd was prepared after consulting widely with others. This included:

1.8 Please see Part 7, appendix B for further details of all the above.

1.9 'Highway Requirements for Development' and 'Roads in Housing' have offered developers a clear, structured approached to highway design. But there is now a move towards:

1.10 Guidance that contains too many unnecessary rules and directions can inhibit innovation for residential layouts and frustrate the principles of PPS3 housing. It is important that new developments reflect local character and distinctiveness. So, this document will provide you with greater flexibility. In line with our general policies and objectives, it sets out guidance on a range of design elements, materials and landscaping that you can select when you are putting together your development proposals. It also offers flexibility so new or unusual design elements or materials not covered by the guidance can be considered.

1.11 However, this approach places greater onus on you to demonstrate that your  proposals will operate safely and satisfactorily and meet our policies and objectives because you will not be sticking to a rigid set of guidelines.

1.12 We recognise that you may need to carry out more detailed investigations at the pre-planning application stage. But the guidance and procedures set out in this document are intended to help you to prepare your development proposals. And, if you can agree proposals both with us and the planning authority at the pre-application stage, this should save time taken during the planning application stage, the works’ technical approval stage and the construction stage.

1.13 Figure IN2, below, shows how the various parts of this document relate to the overall development process, from initially considering the site through to completing works. You should follow it so your development proposals progress efficiently.

Note: Please contact County Council officers to discuss highway issues in the area for which it is responsible and Leicester City Council officers if you have any questions about highway matters relating to developments in the City.

1.14 The guidance in this document applies to:

1.15 We recognise that due to conditions at a site it may sometimes be difficult to comply with the guidance, particularly on urban, brownfield sites. We also recognise that the Government and planning authorities are encouraging new, innovative residential layouts that reflect local character while providing for more houses.

1.16 So, if you present an acceptable case with supporting evidence that explains why you are proposing a layout that is not explicitly covered by these guidelines, we will consider it if:

1.17 You must start thinking about and preparing the required details as soon as possible, and certainly before you submit a planning application. Otherwise, even if the development is granted planning permission, there is no guarantee that we will agree to adopt any roads or areas.

1.18 When you prepare the required details, you should work closely both with us and the planning authority. You are likely to find that planning authorities will not favour developments that lack quality layout and design.

1.19 Long-term experience of reduced off-street parking, Home Zones and 'innovative' (unusual) residential developments is limited. There is still much to learn about:

What evidence there is suggests there have been some successes, but problems have been identified too, for example, in achieving low vehicle speeds in Home Zones and residents’ concerns about on-street parking.

1.20 There are also still issues relating to  national guidance on the design of residential streets, for example in terms of shared surfaces and providing for those with disabilities. Guidance can also be contradictory, for example, on how many dwellings can be served by a Home Zone.

1.21 To try and address some of these issues, we will continue to work with other highway authorities, planning authorities and developers to share, learn and develop good practice. We will also try to take part in any national research that is carried out.

1.22 If you have examples of what you consider to be good practice that you are willing to share, please send us details either by e-mail to HTD@leics.gov.uk or by post to the address given in the contact details in Part 7, appendix A.

1.23 We will regularly review this document to make sure that it:

If you have any comments about how we can improve Htd, please let us know by filling in the form at Appendix K. We will consider your comments as part of our next review. You can find details of our review process at Appendix K.

1.24 We will work with developers and planning authorities to make sure new development is only permitted:

1.25 Any highway or transport infrastructure required to support the development must integrate with the existing infrastructure and be built in a way that enhances the quality of a development and does not place a burden on our resources.

1.26 We aim to meet the following specific policy objectives.

           Whole-life costs should be considered when materials and methods of construction are considered.

We will assess your development proposals against these objectives. Where we consider that your proposals have material implications, we will normally seek to resist your development proposals (for example, by recommending refusal of any planning application).

1.27 To maintain safety and the free flow of traffic, policy in the past has discouraged new accesses onto A- and B-class roads and avoided increasing the use of existing accesses. For the future, and in line with an integrated transport policy, we will adopt a flexible policy on new connections to the road network. We will severely restrict access to the most important high-standard routes. Elsewhere, particularly in urban locations, in principle we will apply a more flexible approach. Please see paragraph 1.29 onwards for full details.

1.28 Where access is acceptable to us in principle, we will normally expect its layout to comply with the design guidance set out in Part 3. We will recommend refusal of any planning application that raises concerns about road safety. Approval for the access (and any associated development) will also depend on the planning authority where planning permission is required.

1.29 We will normally apply restrictions on new accesses for vehicles and the increased use of existing accesses on:

1.30 Elsewhere, we will not normally restrict new accesses for vehicles, as long as they meet the conditions of paragraph 1.28. Also, where a number of developments are proposed along a section of road, the risk of accidents occurring will be reduced if they are accessed from a service road with a single point of access on the main road.

1.31 If access to a development can be gained off a minor or side road, you should normally consider this option as preferable (with improvements to the junction of the minor side road with the main road as necessary).

1.32 New accesses for vehicles and the increased use of existing accesses will normally be restricted on:

1.33 Elsewhere, new accesses for vehicles will not normally be restricted, if they meet the conditions of paragraph 1.28. Also, if access to a development can be gained off a minor or side road, you should normally consider this option as preferable.

1.34 In rural areas, new accesses for vehicles and the increased use of existing accesses will not normally be resisted in principle to:

1.35 This is subject to the conditions in paragraph 1.28.

1.36 The Highways Agency, which is an agency of the Department for Transport (Dft), is responsible for the motorway and trunk road network in England. Its stated aim is "safe Roads, Reliable Journeys, Informed Travellers".

1.37 The Highways Agency has its own approach to considering the impacts of development proposals on roads it is responsaible for. It also has its own requirements where it is necessary to alter or improve one of its roads to accommodate a development.

1.38 If your development proposals require changes to a road the Highways Agency is responsible for, you will need to complete a legal agreement with the Agency before you can carry out the works. (This is in addition to any agreement that you might need to enter in to with us.)

1.39 Please see Appendix A for contact details for the Highways Agency.