16 August 2018 · Delegated
116, Ballacriy Park, Colby, Isle Of Man, IM9 4nd
This retrospective application sought permission to create an access from an open field into the garden of 116 Ballacriy Park, Colby, Isle of Man — a property at the eastern end of a residential cul-de-sac of twenty homes. The access would allow agricultural vehicles to pass through the residential curtilage to reach the field beyond. The application was refused by a delegated Principal Planner. The key concerns were the impact on the living conditions of residents at 115 and 116 Ballacriy Park from large, noisy agricultural vehicles passing close to their homes, and the risk to highway safety in a cul-de-sac already constrained by parked vehicles on both sides. A further reason for refusal was that agricultural vehicles coming from the field would be likely to bring mud and debris onto the road, and the applicant had not proposed any practicable way to prevent or clean this up. The officer report also identified the removal of vegetation and culverting of a watercourse as issues considered during the assessment.
The application was refused on three grounds. First, routing agricultural vehicles through the residential curtilage of 116 Ballacriy Park would harm the living conditions of residents at both 115 and 116 through noise and visual intrusion. Second, introducing large agricultural vehicles into a narrow cul-de-sac with parked cars on both sides would create a highway safety risk for pedestrians and other road users. Third, agricultural vehicles travelling from the field would be likely to deposit mud and debris on the road, and no measures to prevent or remedy this were proposed.
Refusal Reasons
does not affect adversely the amenity of local residents or the character of the locality
The development is therefore considered to be contrary to General Policy 2g and k of the Strategic Plan
does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan
The development is therefore considered to be contrary to General Policy 2g and k of the Strategic Plan
provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users
The proposal is therefore contrary to General Policy 2h, i and m
does not have an unacceptable effect on road safety or traffic flows on the local highways
The proposal is therefore contrary to General Policy 2h, i and m
takes account of community and personal safety and security in the design of buildings and the spaces around them
The proposal is therefore contrary to General Policy 2h, i and m
erection of a dwelling to the rear (north east)
refused as the site was not designated for development and the development was considered to be unacceptable backland development
agricultural building for the applicant's land which extended beyond and from the current application site to Ballagarmin House
having links to the access south through Ballablack to the A7 and north to join a public footpath
