25 August 2020 · Committee
Field 312711, Main Road, St Johns, Isle Of Man, IM4 3na
The application sought approval for a new vehicular entrance and a construction route across Field 312711, a parcel of agricultural land lying to the south of the A1 Peel to Douglas Road, with Balladoyne Farm to the east and the residential property Westville to the west. The site has a long planning history relating to access and residential development, and the site is zoned for residential use under the St Johns Local Plan, though it remained in agricultural use at the time of the application. The key planning issues were the principle of the development, its visual impact on the street scene and surrounding area, and highway safety. Officers concluded that the proposal was modest in scale and would not harm the character or appearance of the countryside or this part of St Johns. The Planning Committee, following the officer recommendation, permitted the application on the basis that it complied with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and with local plan policies OS/P/1, OS/P/2, and RES/P/1. Six conditions were attached to the permission.
The committee was satisfied that the proposed entrance and construction route would not harm the visual character of the area or the amenity of local residents, and that highway safety could be adequately addressed. The proposal was found to accord with the relevant strategic and local plan policies, including those governing open space, residential development zones, and conservation area character.
General Policy 2
It is considered that the planning application is in accordance with General Policy 2
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 35
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
POLICY: OS/P/1 "Other than those areas specifically designated for development or zoned predominantly residential on the proposals map, no areas of open space shall be developed"
The local plan also contains a policy that is considered to be relevant to the application given that the proposed temporary access would serve a site zoned for development: "POLICY: OS/P/1
presumes against any development which would adversely affect the southerly open countryside views from Peel Road
RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED WITHIN DEVELOPMENT AREA 1 IN ACCORDANCE WITH THE FOLLOWING DEVELOPMENT BRIEF
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
2. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until suitable protective fencing has been erected in the location shown on the approved drawing No. 02 to form a Construction Exclusion Zone ('CEZ'). Within the CEZ nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit. The implemented CEZ shall be maintained until the access is no longer required or the time limit specified in Condition 5 has expired. Reason: To safeguard the existing trees and planting to be retained within the site.
Condition 3
3. The means of vehicular access to and from the site shall be only as shown on the approved plan Drawing nos. 01 rev A and 02. Reason: To ensure the free and safe use of the highway.
Condition 4
4. Prior to any other works commencing on site other than the tree protection measures referred to in condition 2, the access and visibility splays on drawing no 02 date stamped 07/07/2020 shall be constructed and remain free from obstruction thereafter. - Reason: In the interests of Highway Safety
Condition 5
5. Construction traffic must use only the temporary access indicated on drawing nos. 01 rev A and 02; this temporary access must within 3 months of residential development within Area 1 or at a time two years from the commencement of the use of the access, must be closed off and the route restored to agricultural field. The affected grass and hedges shall be restored, and any hard surfaced area introduced removed and land restored to agricultural field. The access may only be used and available for use to facilitate the development of fields 312909 and 314758. Reason: The access is acceptable only for a temporary period because it meets a specific short-term need.
Condition 6
6. No development shall be commenced until a method statement and mitigation for tree protection has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation. All works on the site shall be carried out in accordance with the approved details. The works shall be carried out prior to the commencement of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
Approval in principle was granted for construction of a temporary access road for construction traffic to Field 312711
The works contained within this application are similar to the works within the current application, besides the route being moved further from Westville
creation of a temporary construction access on land to the south of the village post office
This was approved on 26th February, 2015 but refused on appeal in November 2018
proposed the residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road
This was refused at Appeal on 2nd April, 2012. This refusal related to the unacceptability of the access for reasons of highway safety.
proposed the estate layout for two detached dwellings and garages with associated access road, drainage and other services and access for construction traffic to adjacent land on the land to the rear of Westview
This was approved at Appeal on 2nd April 2012, subject, inter alia to a condition which prevented the use of this site for construction access for vehicles associated with the development of Area 1.
erection of dwellings to plots 2, 4 and 6
refused at Appeal on 15th July, 2009
residential layout for six dwellings with layout of plots, roads and sewers
refused at Appeal on 15th July, 2009 for reasons that there was no security about the means of access into the site for construction traffic
approval in principle for a residential development of six dwellings
Erection of a detached dwelling at Field 314758, Main Road, St Johns
The application was refused on 18 June 2020
Erection of a horse field shelter together with fencing and an access gate
It will also be vital to consider the Inspectors Report for PA 11/01710/B which granted approval for the use of part of Field 312909
