Representation by Euro Garages Limited (Euro Garages Limited)
- Date submitted
- 2 August 2019
- Submitted by
- Members of the public/businesses
Your Ref: A38 Derby Junctions (TR010022) Dear Sir Euro Garages Limited - Markeaton Roundabout Service Station, A38, Derby DE24 4AA – A38 Derby Junction Improvement Scheme I am referring to your letter dated 21st June 2019, addressed to Simon Cope at Euro Garages. I confirm that this letter has been passed to me for attention with instructions to act on behalf of Euro Garages in relation to this response. It is confirmed that my client owns the freehold interest of Markeaton Roundabout Service Station, known as EG Mackworth, which together with the adjoining McDonalds restaurant provides comprehensive services for all categories of motorist using this stretch of the strategic road network. Given its existing and effective access arrangements, the service area facilities serve motorists approaching the existing Markeaton roundabout on all flows. As a consequence, the highly successful service area provides fuel, refreshment and rest to motorists using the A38 in both directions as well as traffic entering and leaving the town centres using the A52 Ashbourne Road. The service area facilities are highly prominent on the roundabout and the existing at-grade arrangements allow all passing traffic to readily and conveniently access the facilities with limited diversions. These facilities constitute a private sector initiative which is consistent with the principles in Circular 02/2013, which supports the provision of such facilities to improve the road safety and welfare of motorists, particularly those undertaking long distance journeys. As readily accessible facilities, passing motorists can visit them without the need to depart from the strategic road network towards the town centre in search of services. The proposed scheme will have a serious and adverse effect on the trading operation of my client’s service station. Petrol filling stations are trade related properties and trading performance is directly affected by certain key factors including accessibility and prominence to substantial traffic flows. The effect of the Scheme will be to allow traffic on the A38 to freely flow underneath the junction. This critical source of north and southbound trade will be lost to the service station, although this loss would be partially mitigated if advanced warning signs were provided as part of the scheme. At present, I am instructed that Highways England has yet to determine whether such signage could be provided. The scheme will also seriously reduce the accessibility to the site for traffic that continues to use the junction through interference with existing access arrangements, including works of stopping up and modification of accesses. My client has further concerns over the Scheme in relation to the access arrangements that are currently proposed within the Scheme, in substitution of the existing access arrangements, because of their adverse effect on essential safe fuel delivery arrangements and access for HGV traffic. Additionally, my client’s property currently enjoys direct and satisfactory access to the public highways of both the A38 and A52 without the need to cross land in third party ownership. Unless the orders make provision for continued direct and satisfactory accesses that would allow the effective use of the service station in commercial terms, my clients property would be further and unnecessarily depreciated in value. My client does not object to the principal of the Scheme and has appointed Mr Bill Booker, Director of SCT Transportation Planning and Infrastructure Design, to enter into negotiations with Highways England to evaluate the technical aspects of the Scheme and enter into negotiations with the objective of reaching satisfactory technical design solutions to the revised access arrangements. My client has provided Mr Booker and myself with instructions to continue to pursue these negotiations. My client must however reserve its position pending the outcome of these investigations and expressly reserves the right to enter technical and commercial evidence to demonstrate how the effects of the Scheme on the service station could be mitigated, in the event that it considers this to be necessary. I would be grateful if you could kindly acknowledge receipt of this letter. Yours sincerely Tim Hancock Tim Hancock Associates