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This application is recommended to be considered by the Planning Committee as the Local Authority objects to the proposal which is recommended for approval.
The application site is Field 314879, Curragh Road (A3), St Johns. The site is bounded on its western side by Foxdale Road. The development proposed is specifically related to the frontage of the site which faces onto Curragh Road which is bound by a low sod bank with tree and shrub planting behind.
This application seeks approval for the creation of an access into the field to serve Christmas tree plots. The applicant has been contacted and asked to clarify the need for the proposal. The response sets out that the adjacent part of the field is a gas tank area surrounded by a security fence and hedge. This area does not provide access to the Christmas tree plots. Issues with the lease and safety issues due to the gas tanks would also arise.
The Highways Division also asked for additional information on the proposal. The applicant's responded stating:
"Firstly, it is important to understand that the fields 314879 and 314880 are the main plots currently in use in this area. The proposed access (access "C") would open up on to an existing grass ride that runs between the two fields giving access to both. The existing access points are proving inadequate with the larger modern machinery and there have been difficulties with Christmas tree extraction for the last few years. In addition, access "A" is a very wet ride and is inaccessible to 4x4 vehicles for much of the winter. This has meant that Christmas trees have had to be hauled over the stone wall to a vehicle parked up on Foxdale Road. This is a well used route and we do not wish to cause an unnecessary obstruction to other road users or put our staff in a potentially dangerous situation. Access "C" would allow Christmas trees to be loaded on to a trailer off the public highway. Access "A" is also unsuitable because of the trees which line the western boundary. These trees require regular pruning to keep the access open to vehicles. Access "C" would not be obstructed by trees. Discounting access "A" for the reasons stated above, this only leaves access "B" which doesn't give us any way of getting to field 314880.
The grass ride through the middle of these plots already exists, but at present, due to the lack of access from the road, is no use to us. An alternative solution to this problem would be to do away with this ride and create one large field. However, this would mean removing the beech hedges which line the ride, destroying a feature which has been established for over 50 years. As well as the aesthetic consequences of this, we would also lose an important hedgerow habitat.
The new access would only be used regularly for 1 month of the year, between mid November and mid December, when the trees are harvested. For the rest of the year access would only be required on a very occasional basis for maintenance (say, once a month from April to October for grass and hedge cutting)
Lastly, the location of the proposed access point is adjacent to an access point that already exists. Manx Gas has access to the Gas Tanks at this point on the road. The curbs stones are low and the layout of the footpath and land adjacent is already designed to allow access off the road at this point. In essence, all we would be doing is making a small gap in the hedge, next to the gate that already exists, and taking advantage of a layout and situation that is already adapted to accommodate access."
The application site is located within an area identified as being Open Space by the St Johns Local Plan.
Within the St Johns Local Plan, Policy: OS/P/1 states:
"Other than those areas specifically designated for development or zoned predominantly residential on the proposals map, no areas of open space shall be developed."
Within the Isle of Man Strategic Plan, the following policies are judged to be relevant:
Environment Policy 1, which states:
"The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
General Policy 3, which states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Transport Policy 4, which states:
"The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
The following previous planning application is considered relevant to the determination of this proposal:
91/00584/B - Installation of community propane gas supply system. Permitted.
The Highways Division of the Department of Infrastructure originally raised concerns regarding the proposal. However the Highways Officer and the applicant have discussed the proposal (see email correspondence on file) and the stance of the Highways Division is that they do not object as the access is to be used for tree removal at specific times of the year and not on a daily basis. The possibility of controlling the use of the access by a planning condition is mentioned. The Highways Division concludes that whilst there are existing traffic issues for residents, the restricted use of the access is unlikely to cause sufficient harm to warrant refusal.
German Parish Commissioners object to this application stating that the access would be too close to the busy Hope Crossroads and the existing access to the field is perfectly adequate.
The owner/occupier of 3 The Hope, St Johns object to this application stating that the Forestry Division already has 3 entrances from the highway and therefore question why a further access is required. The Curragh Road is said to be very busy and fast and this application would reduce highway safety. It is difficult for pedestrians to cross the road to the bus stop and the loss of trees to create the access would be detrimental to the surrounding area.
The owners/occupiers of Cronk Mooar, Curragh Road, St Johns and the owner/occupier of 4 The Hope object to this application on the basis that it would result in a reduction ion highway safety. Specifically they comment that the proposed access is close to a corner on a busy and fast main road, is opposite a terrace of dwellings where young children play and cross the road, near to vehicles turning into the terrace opposite, is besides a bus stop, is close to the turning which leads to Kennaa Lane and that forestry vehicles tend to be slow moving. They also question the need for the access and recommend that an alternative access should be considered.
The main issues to be assessed in the determination of this application are impact on the amenity of the area and highway safety. However the first issue to consider is the principle of the proposed development. The area is designated as Open Space by the St Johns Local plan and Policy: OS/P/1 sets out a presumption against development in such areas. EP1 supports this stance by making the protection of the countryside as being a key aim of the Strategic Plan. However, GP3 makes an exception at (f) for "building and engineering operations which are essential for the conduct of agriculture or forestry". As such if the proposal is judged to be essential for forestry operations to be carried out then the Planning Authority may make an exception to EP1 in order to allow the development to be approved.
The issue of amenity centres around the impact of the development upon the existing character and appearance of the site and in particular the impact that the proposal would have on the amenity currently offered to the public.
The proposal would result in the loss of a cluster of three trees - a Lime, a double stemmed Sycamore and a Holly. This would clear the way for an access to be created. A section of sod bank would be removed and a gate installed.
It is judged that whilst the overall impact of the development would likely be negative in terms of visual amenity, the harm caused would not be such to warrant refusal if the exception for forestry operations set out by GP3 is taken into account.
The main issue raised by objectors relates to highway safety with most taking the view that the development would be detrimental to all road users. The Highways Division has concluded that due to the proposed use of the access, which would be restricted to specific times of the year and not on a daily basis, the development would not worsen the current situation.
In considering the ability to control the use of the access by condition, the Planning Authority must assess the likely ability to enforce against any breach. In the case of the use of an access, such enforcement would be difficult and this must be taken in account when determining this proposal. The applicant has however indicated that the access would be used mostly during November and December and then on once monthly basis.
TP4 requires new access to be safe in terms of highway impacts and environmentally acceptable. The Highways Division has concluded that the former requirement is met by the proposal and having regard to GP3 part (h), it would seem that the exception made for forestry operations which are essential would weigh in favour of this proposal when assessed against TP4.
The case for the proposal is balanced. Local residents and the Commissioners raise valid concerns about highway safety and impact upon the surrounding area. The view of the Highways Division is that the development and use of the access would not prejudice road safety so as to warrant refusal. In terms of impacts upon the surrounding area, whilst the loss of trees is regrettable, the provision made by GP3 for developments such as this is judged to override this concern.
RECOMMENDATION
Permit.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
German Parish Commissioners The owner/occupier of 3 The Hope, St Johns The owners/occupiers of Cronk Mooar, Curragh Road, St Johns The owner/occupier of 4 The Hope, St Johns
Accordingly the following parties are not granted Interested Party Status:
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommended Decision: Permitted
Date of Recommendation: 01.09.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the creation of an access to serve Christmas tree plots, Field 314879, Curragh Road, St Johns, as shown by REF 001, REF 002, REF 003, REF 004, REF 005, REF 006, REF 007, REF 008 and REF 009 received 10th May 2011 and Site Lines Detail received 13th July 2011.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : ... 01.09.2011 Committee Meeting Date : 15.9.11
Signed : ... 1 September 2011 11/00653/B
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
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