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The application site comprises the curtilage of, and land adjoining, a detached dwelling located on the western side of Ballamenagh Road in Baldrine, Lonan.
The proposed development comprises the creation of a vehicular entrance and access road.
The planning application is being considered by the Planning Committee due to the objection from Lonan Parish Commissioners.
There are no previous planning applications that are considered material to the assessment of this current planning application.
Lonan Parish Commissioners object to the planning application. They state that whilst they are not opposed to principle of the creation of a new driveway to the property they are not satisfied with the visibility sprays at the junction with Ballamenagh Road. They believe that the gate should be set back in order to provide for safe access and egress.
The Department of Transport Highways Division do not oppose the planning application. They state that they consider the proposal not to have traffic management, parking or road safety implications. They state that traffic counts at this location indicate that the 85 percentile of vehicles are travelling at 31mph. On such basis stopping sight distances are 36 metre and the application is offering 65 & 50 metres.
The Manx Electricity Authority expresses an interest in the planning application.
In terms of local plan policy, the application site is part designated as open space/agricultural use, part designated as open space for particular purposes (private woodland or parkland, glens and plantations) and entirely designated within an area of high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. This plan contains two policies that are considered to be specifically material to the assessment of the planning application:
Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
Policy L/OSNC/PR/6 states: "With exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of trees within the study area including instances where this is proposed in order to facilitate development."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.
Environment Policy 1 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."
Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: the development would not harm the character and quality of the landscape; or the location for the development is essential." Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
The planning application seeks planning approval for the creation of a vehicular entrance and access road to serve a property known as Niaara through field no. 614786. The proposal was the subject of on-site preapplication discussion and is understood to be proposed on the basis that various changes in land ownership have resulted in problems with the existing access to the property through the adjacent farm complex. The planning application seeks to address these issues by provided a dedicated access to Niaara.
It can be seen that the route of the proposed access road closely follows the edge of field no. 614786. The proposal therefore does not unduly affect the viability of the remainder of the field for agricultural use. The submitted planning application includes letters from the owners and occupants of the properties that are directly adjacent to the proposed access that state they have no objection to the proposal. The nature of the proposal means that it is unlikely to be readily visible from outside of the application site. As such, the character and appearance of the countryside is not unduly affected by the proposal and any impact is suitably limited. On that basis the proposal is concluded not to be contrary to the provisions of Policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 and Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2007. The access arrangements and visibility splays onto Ballamenagh Road are to an appropriate standard that satisfies the Department of Transport Highways Division.
The proposal includes the felling of three trees close to the boundary of field no. 614786 and Niaara. The Department of Agriculture, Fisheries and Forestry have advised that these three trees have reached the end of their life and do not oppose their felling. Visually, the removal of these three trees would have little impact on the wider wooded appearance of this part of the field. As such, the level of tree loss is considered to be acceptable and not contrary to the provisions of Policy L/OSNC/PR/6 of the Laxey and Lonan Area Plan Order 2005 and Environment Policy 3 of the Isle of Man Strategic Plan 2007.
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:
Lonan Parish Commissioners; and The Department of Transport Highways Division. It is considered that the following parties that made representations to the planning should not be afforded interested party status: The Manx Electricity Authority.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 26.03.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
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 100 rev. A, 101 rev. A, 102 rev. A, 103 rev. A and 104 rev. A date stamped the 19th February 2010.
C 3. Prior to the use of the access road the entrance arrangements must be set out in accordance with drawing no.s 103 rev. A and 104 rev. A date stamped the 19th February 2010.
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 : APPROVE. Committee Meeting Date : 8/4/10 Signed : 01/00224/10 Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YESENG YES - PC REQUESTED CONDITIONS REQUIRING PLANNING OF THEIR REPLACEMENT TREES
26 March 2010 10/00224/B Page 3 of 3
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