Roads re-open in Highfield

All Saints Road, Bickerton Road and Latimer Road are now open to through traffic, pending the submission of a planning application by the contractors Vital Energi to Oxford City Council.

A temporary road surface has been tarmacked across the top of the filled in trench as an interim measure. When the pipe is laid and the road surface is reinstated after the works, the finish will be of a much higher standard.

The City Council hopes to receive the planning application and supporting documents early next week.

Thanks to all residents for your forbearance while this is sorted out.

Temporary surface at All Saints Road

County instruction to energy pipe contractors

The Strategic Manager for the County Highway Network has contacted us with the following news.

In answer to your email I am writing to let you know that we have written to VitalEnergi this morning with an instruction to leave the site, fill the dug up trench and reinstate the road with the temporary surface IF they cannot guarantee that they will be in a position to restart their work tomorrow.  If VitalEnergi are planning to restart tomorrow there is no action needed and the work and closures and suspensions continue as now.

In case they cannot guarantee tomorrows’ return and the road is reinstated and opened, TTRO is not going to be suspended and access will be available.  There is no need for suspension of the TTRO nor for Parking Notices as the Order is valid for the period of 18 moths from the start date and is worded in such way that the parking suspension can be implemented as the work progresses.  What it means in practice is that the work can commence and finish within this period as long as it will not go beyond 18 month deadline.  If it does the promoter of the works must apply for the extension to the TTRO.

With regard to parking in the event of work not continuing, the suspension signs will stay in place but the County will not enforce the suspension on any resident parked in the bays with cars displaying valid permit. Change to the information on the actual suspension sign will be made when work starts again and if an extension of the suspension is required.  If however the works will not be restarting within the initial parking suspension time period, as currently shown on the signs, we will then remove all signage and a new application for parking suspension will be required.

PLEASE NOTE If Vital Energi restart their work tomorrow there will be no change to the current situation

For information, the Trust’s position is that this is a matter for the contractor and the local planning authority to sort out.

The City Council’s Planning Dept has written to the contractors explaining what information will be needed if/when a retrospective planning application is made.

 

 

 

Energy link work suspended temporarily

Here is a press release which was sent to us by Vital Energi this evening

“We have received correspondence from the Local Planning Authority of Oxford City Council regarding the energy link which we are currently investigating further. Works associated with the energy link underground utility services and the formation of the service trench have been suspended whilst discussions with the Local Planning Authority continue. We will continue to work closely with Oxford University Hospitals Trust, the Local Planning Authority, Residents and Stakeholders to minimise disruption. Further updates will be provided in due course.”

 

Ashley Malin, Project Development Director, Vital Energi

We are presently trying to find out whether parking suspension notices in Stapleton Rd can now be withdrawn, whether the fencing in All Saints Road can come down, and whether the road closures will remain. We shall update this site as soon as we know more.

HOSPITALS’ ENERGY PIPE NEEDS PLANNING PERMISSION

The Head of Planning and Regulatory Services has sent a letter today to contractors Vital Energi  stating that planning permission is required for the works to install the energy transfer equipment and apparatus on behalf of the Trust.

We asked the City Council to investigate whether this s50 work needed to go through the planning process when details of the project were released.

Our view has always been that the planning process would ensure that residents’ comments were fully taken into account, details of what was proposed would be made clear, and appropriate conditions would be set.

You can see the full letter by clicking this link: vitalenergi final

We are waiting to hear the response from Vital Energi and will update the website when we know more. It appears that an environmental impact assessment may also be needed – that is something else that our residents have asked us to find out more about.

Signage for the Hospital energy works project

Contractors have agreed to put up signs advising cyclists to dismount when using footpaths in roads affected by the works, after we followed up a suggestion from a Lime Walk resident.

We have discussed signage with the contractors at some length, and residents have written to us complaining that traffic is U-turning at the bottom of Bickerton Road. We’ve agreed with Vital Energi that signs off Old Road will advise that the road is closed except for access. Other signs in and around Stapleton Road are also being moved.

If you see any signs that are misleading or placed incorrectly, please let us know.

First road closure in All Saints Road

First road closure in All Saints Road

 

County Council’s position statement on energy pipe project

We are publishing the Chief Legal Officer’s email dated 29/12 in full. It explains why the County Council believes it has undertaken its role (limited to granting permission) lawfully but it is not ‘legal advice’ as such. Those wishing to explore the possibility of taking legal action will need to seek their own independent advice.

  • I am not aware of all the communication that has (or has not) taken place.  Clearly officers considered they should have done more and you have received an apology.  I am not sure I can add much to that.  I believe the County did urge the Trust to undertake consultation as they are the key players in this Scheme.  Fundamentally, the County’s role is to ensure they have permission to undertake work on the Highway – not unlike many applications for permission the Council receives…
  • In terms of Vital Energi – acting for the Trust – they have not claimed statutory powers to undertake works to the Highway – such as, say, a mainstream utility company.  The route for those who are not a statutory undertaker is to seek permission to undertake work from the Highway Authority.  Vital Energi are a licensee, not a statutory undertaker.  Having said that, it is a condition of the licence that they abide by the provisions of the New Roads and Street Works Act.
  • Licence applications were originally applied for in January 2014 but these were not granted although detailed discussions did take place about the work Vital Energi wanted to undertake.  That resulted, finally, in further applications being made on the 28 October 2015 and granted on the 21 December 2015 – I can confirm that the works would be classed a ‘major works’ for the purposes of the NRSWA.
  • Ordinarily a licence holder is required to give 3 months’ notice from the date when the licence is applied for, not from when it is granted.  The County agreed start dates within that 3 month period, mainly due to the proximity of other scheduled works and to start earlier was considered to be the least disruptive option.
  • As to the Executive Arrangements Regulations, the granting of a licence is a function delegated to officers.  It would not be a key decision because the County’s Constitution and the relevant Regulations define a ‘key decision’ as one which is likely to (a) involve the County in significant expenditure (which this does not) or (b): ‘to be significant in terms of its effects on communities living or working in an area comprising two or more electoral divisions in the County’
  • As will be clear, a licence has been granted on each individual street, not for the whole Scheme.  I am not aware (although have not checked in detail) that these would involve two electoral divisions.  However, even if they did, the term ‘significant’ is defined as 25% of the people living or working in the area.  I do not believe that that threshold has been met.  As such, the grant of the licences would not be a key decision which requires an Cabinet/Executive decision.
  • In terms of the subsoil, that is really a question for the Trust.  The County’s principal concern is with the Highway fabric and as much subsoil as is needed to keep the Highway intact.  The ownership of the subsoil and notification that may need to be made to the owners of that is, as I say, a matter for the Trust undertaking the work.
  • I would not profess to know the detail of the City’s planning powers, but certainly the County’s role is restricted to granting permission under the New Roads and Street Works Act to those who wish to install apparatus  in the Highway or break open the highway for this purpose.  Accepting that communications can always be improved, I believe we have carried out that function appropriately and lawfully.  I note you are seeking your own advice on the planning issue.
  • In terms of the parking issue I can confirm this has been actively considered and the County has agreed that affected residents may apply for Visitors Permits to park in adjoining streets, outside of their designated Controlled Parking Zone.  The issue of funding of that has yet to be addressed as between the County and the Trust, but that does not affect the right of residents to apply.

Details re the visitors’ parking permits follow in the next email.

We have asked for further details regarding the “proximity of other scheduled works” which was referred to above, so that we can understand why the period of notice of less than 3 months for major works was considered to be the least disruptive option – we are expecting a further email on this later in the week.

We have also queried the dates on the temporary traffic order notices issued on 29/12/15 – there is a discrepancy between dates displayed in notices on street and those on the TTRO for All Saints Road, and the end date for the Sandfield Road works is currently listed on the TTRO as Tuesday 22 April – it’s likely that this should read Friday 22 April but we are asking for clarification.

 

Energy pipe update

Ruth attended a liaison meeting arranged by the Trust on 22 December along with some local residents, the Trust, a representative from OXTRAG (transport and access matters for the disabled) and the contractors.

Some matters are becoming clearer. Letters from the contractors to residents in affected areas two weeks in advance of the works will show a map of where the works will be, will specify the house numbers affected, will indicate the date when works will be happening, and will indicate where alternative parking might be found. There will be collection points either end of the works where those with mobility issues can alight or be picked up by car. Footpaths will be accessible throughout the works and there is a process for emergency vehicles to gain access to properties at all times. The contractors are aware of the need to retain access to Latimer Grange, McMaster House, St. Luke’s and The Brambles and have made a specific plan for the Latimer Road phase.

Some elements of the project are not so clear, and we have been in daily contact with City and County Council officers and others for further information on the following:

  • Has process been followed correctly?
  • Does this sort of scheme definitely not need planning permission?
  • Does this sort of scheme require lengthier consultation?

In the meantime there are further unanswered questions:

Parking

It appears that the Trust and the contractors are doing as much as they can to identify alternative parking spaces for those in affected roads either on private or Trust land. A temporary replacement car park may be set up on the area of grass at one corner of the JR’s site off Sandfield Road near Cuckoo Lane for use by those displaced from Sandfield Road and Latimer Road, this is being investigated but couldn’t be operational till February at the earliest. They are also talking to pubs and the universities about making additional parking space available.

There is a further option being explored that may mean that residents who have to park elsewhere may be given visitor permits; funding for this is as yet unclear and it would be done via the Parking Shop in Speedwell Street.

Insurance

Anyone who will have to temporarily park their car on-street, as opposed to off street, may be in breach of their insurance contract in the unlikely event that the vehicle should sustain damage. Advice is that owners should ring their insurance companies and let them know they will be parking on-street for a temporary period – it is possible that some insurance companies might charge for this temporary change to the contract and others won’t but it’s better to be safe than sorry.

Further action

We are awaiting legal advice from both Councils. We would encourage the submission of planning applications if at all possible; while it is likely that such applications would get permission, this would provide an opportunity for residents to give their comments and enable planning officers to ensure that tight conditions are placed on the works on issues important to local people, including:

  • alternative parking
  • disabled access
  • communication with residents and councillors
  • traffic management
  • start and finish times for working
  • construction access plan

The County’s view is that the need for planning permission is overridden by the section 50 licence which has apparently been obtained by the Trust and the contractor, but we have asked for clarification on this.

The next liaison group meeting will take place during the second week of January. Our next Focus leaflet will be produced w/b 11 January and delivered during the weekend of 16/17 January by our volunteers, but we shall try and update you on the blog in between. Our next Ward Focus meeting will take place on Tuesday 26 January from 6:00-7:30pm, venue to be arranged.