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| Case Officer: | Mr Chris Balmer |
| Photo Taken: | 19.03.2012 |
| Site Visit: | 19.03.2012 |
| Expected Decision Level: | Planning Committee |
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE HIGHWAY DIVISIONS COMMENTS ARE CONTRARY TO THE RECOMMENDATION OF THE PLANNING AUTHORITY.
1.1 The application site forms the curtilage of Field 420804, Glendawn, Ballagawne, Ballabeg, Castletown which is a parcel of land which has recently been cleared of the majority of vegetation and trees. The site is located on the northern side of the Ballagawne Road (A27), northeast of the Water treatment Works.
2.1 The application seeks approval for the widening of the existing access and creation of a hard standing area (retrospective).
2.2 The existing access has been widened from approximately 2.8 metres to 4.8 metres and the hard standing area measures approximately 16 metres in length and 14 metres in width. The hardstanding (20 tonnes of crushed rock aggregate with a further 10 tonnes is still required) was created be the removal of eight trees (tree felling licences approved – 5 Ash & 3 Cypress) and vegetation within the hardstanding area.
2.3 The applicants have indicated that the proposal was to improve access to the property and to provide a suitable visitor parking area which previously required to vehicles to park on the highway opposite the house. The applicants indicate that the proposal can accommodate several vehicles and provides plenty of room for vehicles to turn around and exit in a forward gear, thus improving highway safety.
3.1 The application site is within an area recognised as being an area of "white land", not zoned for development under the Isle of Man Development Plan Order 1982 and Under the Modified Draft Area Plan for the South. The site is not within an area zoned as High Landscape or Coastal Value and Scenic Significance. The site is not proposed to be within a Conservation Area.
| Application No.: | 12/00317/B |
| Applicant: | Mr David John Gregeen |
| Proposal: | Widen existing access and creation of a hard standing area (retrospective) |
| Site Address: | Field 420804 |
| Glendawn | |
| Ballagawne | |
| Ballabeg | |
| Castletown | |
| Isle Of Man |
3.3 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
"General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.1 There are no previous planning applications which area considered relevant in the assessment and determination of this application.
5.1 The Arbory Parish Commissioners have no objections to the proposal.
5.2 The Highway Division have recommended approval of the application subject to condition requiring the applicants to contact the division prior to carrying out any works within the highway including the installation of dropped kerbs.
6.1 The main issue with the proposal is whether the proposal would improve or adversely affect highway safety in this location.
6.2 The benefits for the scheme are the number of off street parking spaces and turning provisions within the site which would be provided. From photographs the previous entrance could provide a vehicle access to a lawned area. The applicants have indicated that this lawned area (north of hardstanding) became very muddy and therefore visitors had to park on the highway opposite the house, which obstructed views at the junction of Colby Glen Road and Ballagawne Road.
6.3 The concern arises with the visibility of the access when exiting the site and looking to the left (easterly direction). As submitted there would be no visibility in this direction when setback from the back of the highway by the required 2 or 2.4 metres, given the stone boundary wall which runs along the east of the application site, shared with the applicants property (Glendawn). Furthermore, the front boundary of this dwelling would also need to be significantly altered which includes the removal of hedging and perhaps the removal of a single storey outhouse which is sited on the front boundary wall to the far eastern corner of the site. It should be noted the application does not propose to make any of these alterations and therefore there are no scaled plans which show that the potential works would provide the necessary visibility. A further concern when looking in this direction is given the
site is on the inside of a bend which is to the west of the site. This further reduces views along the Ballagawne Road even if the boundary wall, hedging and outhouse did not exist.
6.4 Regarding the visibility of the access when exiting the access looking to the right (westerly direction), again the existing boundary wall does no help achieve visibility given it has a height of approximately 1.4 metres (generally boundary walls fronting onto a highway/vegetation should be no higher than 1.05 metres within the visibility splay). It was noted that the ground level of the site was slightly higher than road level so this would reduce the amount of walling which would be need to be removed. There is also some landscaping which current exists which would also be required to be removed. However, these alterations are not proposed within this submission and no scaled drawings are included showing this.
6.5 The question to consider is whether the creation of off road parking and turning provision, is more beneficial than creating an enlarged access with little or no visibility as proposed.
6.6 An argument could be made that this is an improvement to an existing access which also had very poor visibility. However, as indicated by the applicants, the lawned area became muddy and visitors had to park on the road. It is also reasonable to consider that this altered access and hardstanding area will result in a greater amount of vehicles using this access than previously, given there is a large dedicated parking area for a number of vehicles and turning facilities compared to previously.
6.7 A valid point which the applicants indicated is that vehicles parking on the road opposite the house can obstruct views of vehicles exiting the Colby Glen Road junction onto Ballagawne Road. Whilst views can be obstructed, they are not considered to have a significant impact upon highway safety. This is due to two reasons, the first is the fact the junction is located on the outside of the bend and has unobstructed views of traffic approaching to the northeast of the junction. To the west, even with a vehicle parked on the road views can still be achieved given the curvature of the road layout which does run in a north-westerly direction to the junction and therefore good visibility is achieved. Secondary, it was evident when visiting the area that there was a slight kink in the road which in affect provides a small lay-by area for a parked vehicle. The vehicle is still on the road, but this space can enable a vehicle leaving the Colby Glen Road junction with visibility in a westerly direction and views of approaching traffic. The Authority does not consider this an ideal situation and is one issue which needs consideration when determining whether the scheme is beneficial to highway safety or not.
6.8 Overall, whilst sympathetic to the applicants for there need for off road parking and turning provisions, it is considered the scheme which provides no visibility in a easterly direction (i.e. looking left when exiting the site) would have significantly more impacts upon highway safety, over the benefits of the proposal. Furthermore, it has not been demonstrated that the proposal could provide the required visibility.
7.1 It is considered that the proposal would be contrary to the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and for the reasons set out in this report, it is recommended that the application be refused.
8.0 PARTY STATUS 8.1 It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Arbory Parish Commissioners
8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 18.04.2012
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
It is considered the scheme which provides a large parking and tuning provisions would result in a greater use of the access than previously, whilst providing no visibility in an easterly direction (i.e. looking left when exiting the site) therefore having a significant adverse impact upon highway safety to the detrimental of road users.
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 : Committee Meeting Date : Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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