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The application site comprises the residential curtilage of a detached dwelling located in the East Baldwin area of Braddan, together with open space and woodland surrounding the dwelling.
The proposed development comprises the construction of a new driveway and vehicular access onto the highway.
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS The Department of Infrastructure Highways Division do not oppose the planning application subject to the existing access being blocked off. The Department of Environment, Food and Agriculture Fisheries Division express an interest in the planning application.
In terms of local plan policy, the application site is located within wider areas of land that are designated as i) woodland; and ii) high landscape value or coastal value and scenic significance under the Braddan Parish District Local Plan.
The planning application seeks planning approval for the construction of a new driveway and vehicular access onto the highway. The proposal was the subject of on-site pre-application discussion. From site visit it can be seen that the existing vehicular access to the property is steep, difficult to enter and has poor visibility when exiting. The reasoning for wanting a new access is therefore considered to be self-evident. It is understood that the applicant has discussed and agreed measures to protect the watercourse during construction with the Department of Environment, Food and Agriculture Fisheries Division.
The proposed driveway effectively formalises an existing unmade track that runs from the dwelling between an avenue of existing trees up to an existing gate. This gradient of this track is much shallower than the existing driveway and the position of the access onto the highway affords greater visibility. Given the thick screening alongside the road provided by existing trees and hedges, combined with the drop in levels between the road and the application site, it is considered that other than the entrance the majority of the proposed development will not be publicly visible. Given the distance from surrounding properties it can be said that the proposal does not affect private amenity. The application is accompanied by a tree survey. It is not intended to fell any trees during construction, although given that there will be some minor changes in level it is possible that some trees may be affected long term. However, in view of the number of trees within the site and alongside the access, there would not be any undue loss in visual amenity or reduction in overall ecological value.
As stated earlier in this report the Department of Infrastructure Highways Division do not oppose the planning application subject to the existing access being blocked off. This issue has been discussed with the applicant, who has stated that they have no objection to this and that they want to do this as soon as practicable. However, things are complicated by an existing legal requirement to provide access for the Government workers to allow maintenance of the watercourse. As access is required relatively infrequently (bi-annually) it is the applicant's intention to rearrange access agreement via the new access before ultimately taking over responsibility for the maintenance of the watercourse. Whilst such agreement is not a matter for the planning application it does mean that imposing a condition requiring blocking up of the existing access is difficult, as it is questionable whether a precise, relevant and reasonable condition could be written. In this instance it is apparent that the applicant wants to block up the existing access as soon as possible. As there is no evidence to question this it is believed that the Highways Division desire to see the access blocked up should realistically happen without condition. Therefore, after consideration it is concluded that no condition relating to the blocking up of the existing access should be imposed.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Braddan Parish Commissioners; and
Department of Environment, Fisheries and Agriculture Fisheries Division.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways and Traffic Division.
Recommended Decision: Permitted
Date of Recommendation: 11.08.2011
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 drawing no.s JNB_PB_01, JNB_PB_02, JNB_PB_03, JNB_PB_04, JNB_PB_05, JNB_PB_06, JNB_PB_10 and JNB_PB_11 date stamped the 17th June 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made : Permitted Date : 11/8/11
Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed : Jennifer Chance Development Control Manager
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