ePetition details

Toucan Crossing for safe crossing into Kirkham at A583/A585/Ribby Road Roundabout

We, the undersigned, petition the county council to complete the construction of the Toucan crossing across the A585 as per the planning permission granted to Story Homes (Brookwood Park) and Barratt Developments Ltd (The Spinnings).

Residents attempting to cross from The Spinnings, Story Homes, and other neighbouring properties on the A583 are putting their lives at risk when walking and cycling into Kirkham, when crossing the A585.

There are two busy lanes to cross at this junction.

Going into Kirkham it is very difficult to cross safely due to the speed at which the vehicles both come off the Blackpool Road bypass to take a left, and the traffic that is coming around the roundabout from Ribby Hall/Kirkham.

The return journey from Kirkham involves a blind spot with the traffic coming from the right due to a large bush blocking the view.

The construction of a Toucan Crossing was a condition of the planning permission granted to Story Homes and Barratt Developments Ltd (The Spinnings).

This crossing needs to be built before an accident occurs. Many families are crossing this dangerous junction twice daily to take their children to and from school.

We ask that the Council and Developers commit to and complete these works as soon as possible.

There is a great opportunity to do this at the moment due to reduced traffic flow due to lockdown, which will minimise the disruption to the community.

This ePetition ran from 02/06/2020 to 14/07/2020 and has now finished.

170 people signed this ePetition.

Council response

As is rightly pointed out within the petition the onus to deliver a pedestrian crossing is on the developers of the Spinnings and Brookwood Park residential development sites. This was conditioned by their planning permissions. Planning does not obligate the County Council in any way but nevertheless we do fully support the need for the crossing and wish to see it delivered, having identified it as a requirement to Fylde Borough Council during the initial planning examination. To that end we wish to undertake the construction directly to ensure it is fully compliant with local needs and national standards.

In order for the facility to become reality both Developers must enter into a legal agreement with the County Council under Section 278 of the Highways Act 1980. This is the mechanism by which the terms of the works to be delivered are agreed and which releases funding (the developers legally agree to pay) subsequently allowing construction to take place.

Regrettably although the County Council has fully engaged in the process the developers have not yet signed the agreement which we have provided to them. This means that although the County Council has completed a design we are unable to proceed to construction as there are no agreed terms of reference or funding stream in place.

We think it is important for you to know that Lancashire County Council cannot force a developer to enter into an agreement, as it is a mutual undertaking between the various parties. The power for enforcement is actually embedded in the planning system and the conditions set within development approvals.

The County Council is aware that Fylde Borough Council did not approve planning permission for the two developments during the normal planning examination. Rather the respective Developers took their proposals to planning appeal and the permissions were subsequently granted by a planning inspector as part of the appeal process.

The planning inspector did include a condition on the approval of both developments regarding delivery of various off-site highway works, including a toucan crossing. The condition indicated the designs had to be submitted to the local planning authority prior to commencement. Regrettably the conditioning did not indicate any timescales for actual construction or delivery. Consequently it appear there is no avenue for planning enforcement to ensure the identified highway works take place in a timely manner.

We hope this clearly explains the position regarding delivery of the proposed toucan crossing and the County Council's role in the matter. Although we appreciate it is deeply frustrating that the crossing has not yet been delivered please be assured that it must be constructed as ultimately it is a condition of planning. The County Council will of course continue to press the developers to enter in to the legal agreement which will finally allow construction to take place.