Agenda item

Report by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN7).

This report concerns the approved route for vehicles associated with the concrete batching operation at Dix Pit. Having implemented the consent (MW.0053/15) the developer found that journey times from the site into central Oxford were being adversely affected by roadworks on the Wolvercote and Cutteslowe roundabouts, to the extent that some concrete had been out of specification on arrival and had to be returned.

The developer proposed an alternative route, using the B4449 and the B4044 to reach Oxford from the west. That route included the B4449 through the village of Sutton, which was specifically protected from a significant increase in traffic intrusion by development plan policy. It was proposed that the alternative route would only be used for the duration of the roadworks, during off peak hours (9pm-3pm) and only by vehicles carrying concrete to The Westgate redevelopment in central Oxford, or returning to the site after delivering concrete to the Westgate redevelopment. That was considered on 30 November by the Planning & Regulation Committee who resolved that a deed of variation to provide for this temporary routeing be entered.

This report sets out identified breaches of the existing routeing agreement which have taken place since the variation was agreed along with the response of officers to seek to secure compliance.

The Committee are RECOMMENDED to note the report.

In November 2015 the Planning & Regulation Committee had agreed that a deed of variation to the routeing agreement attached to a permission to erect a mobile concrete batching plant granted in July 2015 to allow up to 10 loaded concrete mixer lorries per day to travel from the plant through Sutton between 9.00 am and 3.00 pm to the Westgate Centre redevelopment until the completion of roadworks on the Cutteslowe and Wolvercote roundabouts. The variation had been agreed to address concerns that journey times from the site into central Oxford were being adversely affected by roadworks on the Wolvercote and Cutteslowe roundabouts, to the extent that some concrete had been out of specification on arrival and had had to be returned.

The Committee now considered a report (PN7) setting out identified breaches of the existing routeing agreement which had taken place since the variation had been agreed along with a response from officers to seek to secure compliance.

Introducing the report Mr Periam confirmed the temporary nature of the variation which applied to outgoing lorries only. There had been a number of breaches in the intervening months but, as a civil matter and not a planning application, a High Court injunction would be required to address the matter and officers were of the opinion that this would not constitute a major breach.

Responding to Councillor Bartholomew who had raised the issue of stronger action Mr Periam advised that the Committee could decide to reverse its earlier decision with regard to the route variation but if it did then clear and defined reasons would be required for doing so. 

He confirmed that delays in signing the deed of variation had allowed the opportunity to bring this further report to Committee.

Responding to Councillor Tanner he advised that he was aware of 13 breaches so far but there could be more and he was unable to put a precise figure as to what percentage that represented of the total vehicle movements to date.

Councillor Mathew referred to the three previous occasions when he had urged the Committee not to agree to the developments at this site including  latterly the variations to routeing. He felt that the evidence presented of 21 breaches the latest at 8.25 that morning, which had also been outside the agreed time exonerated him in voicing those concerns that conditions applied to the development would not be honoured. The situation was intolerable and the breaches totally unacceptable.

He responded to questions from:

Councillor Johnston – photographic evidence existed for the breaches he had referred to.

Councillor Greene – the only real alternative in his view was to rescind the variation.

Dave Norminton and Matt Barlow then addressed the Committee. Mr Norminton apologised for the 13 breaches which had occurred since the end of November but he was confident that the Company had now got to grips with the situation.  There were other hauliers accessing the site who used Hanson’s livery but who were not subject to the variation and it was possible that some of the breaches could be attributed to those vehicles.

Mr Barlow advised that the Company had taken these issues seriously and were doing as much as they could to prevent breaches. They had adopted a strict one strike policy with drivers ultimately dismissed if they continued to transgress. He confirmed vehicles were fitted with tracking systems and in fact a new and improved system was due to be introduced out in June this year and that since November 2015 there had been 1,840 movements out of the plant.

Councillor Mills questioned the Company’s sincerity regarding these issues when they had taken so long to sign the variation itself as well as responding to numerous reminders from the County Council.

Mr Norminton agreed there had been delays in replying although immediate holding responses had been sent pending further internal consultations.

Councillor Bartholomew considered there were 3 reasons for breaches namely drivers ignoring the correct route, new drivers or drivers not knowing the area all of which needed to be addressed by better company training.

Mr Barlow confirmed their commitment to raising standards in road haulage and that the Company had improved management procedures to cope with that but there had been challenges due to the need to import drivers.

Having regard to the 1,840 movements and 13 breaches as stated by the Company Councillor Tanner asked what action did they intend to take to prevent further breaches.

Mr Barlow replied that they would continue to brief drivers and publish any breaches. However, the Company could only deal with these incidents retrospectively but they were happy to share that information publicly.

Responding to Councillor Johnston he confirmed that there was a financial incentive for drivers to complete deliveries as quickly as possible but if they were found to be breaking the agreement they would be sanctioned and lose a full day’s pay.

Responding to suggestions that evidence of breaches as presented by Councillor Mathew should be investigated Mr Norminton advised that the company had acted on its own monitoring with regard to breaches which had occurred but they would happy to try and investigate other cases.  They could not guarantee that there would be no further breaches but they were confident that any further breaches would be kept to an absolute minimum. He confirmed that the documents relating to the deed of variation had now been signed and given a positive outcome today could be completed by the end of that week.

Responding to a question by the Chairman the company were happy to publicise contact details for the batching plant and extend the role of the local liaison committee.

Councillor Tanner pointed out that even if the number of breaches was quadrupled it still represented only a very small percentage of the total number of delivery journeys which had been estimated at 1,840 and in reality most were adhering to the route variation. Officer advice had been clear that there was not a strong legal case to rescind the earlier decision and the Committee should therefore approve the officer recommendation as set out in the report but express concern to Hansons over the breaches which had occurred and ask officers to increase monitoring.  Councillor Greene seconded.

Councollor Lily suggested some sort of fines system be introduced.

Councillor Bartholomew felt that sanctions should be applied which would impact more on Hansons. It was clear that nobody could say confidently how many breaches there had been nor that that would continue to happen with some frequency.

Councillor Reynolds had supported the first decision for a variation but It was not easy to enforce and he felt that the breaches which had occurred had made the situation untenable. In his view the only solution seemed to be to rescind the variation and revert back to the original routes.

Mr Kenneford advised that there been a great deal of on-site monitoring and investigation into the CCTV photographic evidence but only 13 cases had been verified before Christmas and since then only 1. He felt the actions taken by Hansons were beginning to have a positive effect and while there could there be no guarantees that there would not be isolated incidents breaches were less frequent and the situation had improved.  The exisiting agreement allowed vehicles to use the toll bridge option and he reiterated the view that a decision to rescind would be difficult to defend in the courts.

Councillor Tanner accepted an amendment to his motion that Hansons be told that the Committee would not wish to see any further breaches and with that addition his, as amended, was put to the Committee and RESOLVED (by 6 votes to 5) that the report be noted, officers asked to increase monitoring and Hansons informed that the Committee would not wish to see any further breaches.