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Health & Safety Risk Management Assessments Under Develpoment Planning

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Anxious2 | 14:43 Thu 29th Oct 2020 | Law
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Yes 12 of us including local councillors mentioned this at the Planning Committee Agenda about reversing in and reversing out where 1 family car had manoeuvred forwards for 23 years and about the dangers of the bend and the onroad parking. They said Highways had found no adverse effects to increase dangers on road and we had no evidence that the road was dangerous. The onroad parking conceals a Slow sign which cannot be right. They are accepting no liability it seems when it is an accident waiting to happen so should it occur weho will take responsibility for the decision and can we complain to the Ombudsman about unfair process. We live with this every day. There has been one accident on the bend but some years ago and others further round it, but now increased traffic and danger exists.

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Anxious; The local authority will have an Environmental Health department, but I expect they will be confined to enforcing existing EH legislation. You could contact them and also the Highways department, or your local councillors. To fight the Planning Department you would need to make a legal challenge to the decision, but that would need to be based on...
15:14 Thu 29th Oct 2020
//can we complain to the Ombudsman about unfair process//
It might do you some good.Always worth a try.
If the Planning Committee discussed the issue of road safety and came to a decision without a failure to take it into consideration and without a failureto comply with due process, then I expect they would be free from any action. What was the planning application for?
Thanks, Mamy.
Anxiuos, this may be of some assistance :-
https://www.gov.uk/appeal-planning-decision
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So are you saying this is not a Planning matter and that Highways should be answerable to Environmental Health and Safety issues which I thought came under Development Control mechanisms?
It would appear that there is no recourse available to you to appeal to the local authority but, as I said earlier, the Ombudsman may be your only hope.
Anxious; The local authority will have an Environmental Health department, but I expect they will be confined to enforcing existing EH legislation. You could contact them and also the Highways department, or your local councillors. To fight the Planning Department you would need to make a legal challenge to the decision, but that would need to be based on failure to follow due process, and you would need to pay lawyers.
For reference - you didn't need to start a new thread - you could have added to your original since this was a comtinuation of it.

PS. Welcome to AnswerBank.
if the traffic has increased since the permission was given, i dont think you can go anywhere: planners are not supposed to be able to predict the future
I’ve already told you that....
Master This would (shopuld?) have fallen under a 'Highways' report as part of the planning process. You should be able to look on the local authority website's planning search facility (they all have them) under 'documents' for that application and se what they said. Health & Safety isn't, per se, anything to do with planning.

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