Specialist Lawyers React To New Report Warning Of ‘Gridlock’

Concerns related to transport infrastructure are an important fact in key planning decisions, according to specialist lawyers reacting to a report which raises concerns that new plans could lead to ‘gridlock’ on roads.

The Campaign for Better Transport (CBT) has written to the Government to express concerns that a failure to take transport issues into account when creating new residential and commercial developments could push “people into having to drive everywhere”.

It also called for more to be done to support public transport, walking and cycling, with the ultimate aim of generating less traffic.

Specialist planning lawyers at Irwin Mitchell have reacted to the report, stating that the importance of infrastructure issues is already considered widely in major new projects.

Expert Opinion

“It is interesting to see the CBT take this standpoint, as it is a fact that land use planning does already take into account transport policies aimed at ultimately promoting the use of public transport. Transport and land-use planning are intrinsically linked through policy and strategy decision making. <br/> <br/>“This is the case especially in London – as Transport for London (TfL) is consulted for most regeneration and redevelopment schemes when there is major transport infrastructure required. <br/> <br/>“The Councils and TfL ensure that local plans and policies encourage sustainable transport and seek contributions where there is a need to provide such new or additional transport infrastructure. In addition, there are certain conditions and obligations which can be imposed that mean certain parts of a development are not constructed further until that major piece of transport infrastructure is in place. <br/> <br/>“For instance, Barking Riverside is a 10,800 homes development in East London. The section 106 agreement contains an obligation that only up to 1,500 homes are permitted to be constructed before an application to extend the Docklands Light Railway is made and only 4,000 homes can be occupied before the DLR extension is operational (albeit now it is the overground extension being proposed instead). There are also other transport-related planning obligations associated with the development. <br/> <br/>"Other schemes such as the Earls Court development which was granted consent and the Old Oak Common and Park Royal development proposed cannot go ahead without the commitment to significant transport infrastructure. <br/> <br/>"From our experience working on projects across the country, the impact of development on transport infrastructure is an important factor in the determination of planning applications. <br/> <br/>"Any mitigation required in order to make the development acceptable in planning terms is usually addressed in planning conditions and S106 obligations. Most of the schemes with which we are involved make significant contributions to transport infrastructure."