For what is in effect Episode 3 of reporting on the endeavours of my Research Team regards their investigation into the A19 accident blackspot at Brookes Garage, Shipton-by-Beningborough I now expose the issue in relation to the signage.
This video clearly demonstrates that Hambleton District Council (HDC) Planning correctly refused a planning application for the Brookes Garage site:
“The revised layout of the site fails to provide a safe environment for customers to visit whilst utilising the shop and deli facility. The absence of appropriate on site parking and turning space for deliveries results in vehicles parking in a manner that is detrimental to the free flow of traffic on the A19, the adjoining highway, and would be a danger to all road users.”
The situation then further endorses the refusal by HDC Planning when scaffolding was erected around the sign.
It should be noted that the full grass verge as can be seen on the Land Registry plan below is not part of the garage site. It is indeed part of the Highway and thus the A19. I am informed that a North Yorkshire County Council (NYCC) Highways Officer is fully aware of this fact.
Health and Safety issues are clear for all to see.
In relation to Highways legislation only approved signs contained in the TSRGD can be displayed on the Highway.
In simple terms, the Brookes Garage sign is not an approved sign and must be considered an obstruction of the Highway as per legislation. As such NYCC Highways must take immediate action to have the signage/obstruction removed as they are the Highways Authority. Failure to do so will mean that liability is with NYCC.
Once this is removed Brookes Garage must immediately fulfil their legal duty to display a prominent notice that they offer fuel for sale stating the prices. This must be on their own land, not the Highway/A19.
I have referred my Research Teams findings to Barry Khan NYCC Assistant Chief Executive (Legal and Democratic Services).