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Application No.: 10/00477/B Applicant: Greg Wright Proposal: Creation of access from field onto highway Site Address: - Field: 624412 - Booilushag - Ballajora - Ramsey - Isle Of Man --- ### Considerations Case Officer: Mr. Chris Balmer Photo Taken: 10/05/10 & 13/07/10 Site Visit: 10/05/10 & 13/07/10 Expected Decision Level: Senior Planning Officer --- ### Written Representations - Laurieston House Booilushag Ballajora Ramsey | Objects to the proposal - Garlon House Booilushag Ballajora Ramsey | Objects to the proposal - Fuchsia Bank Ballajora Hill Ballajora Ramsey | Objects to the proposal --- ### Consultations Consultee: Maughold Commissioners Notes: Comments received Consultee: Highways Division Notes:** DEFER ---
The site represents the curtilage of Field 624412, Booilushag, Ballajora, Ramsey, which is a parcel of un-development land, located on the southern side of the Booilushag Road and south of Maughold Village.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'white land'; the site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
Due to the zoning of the site the following policies are relevant for consideration:-
Policy 2: 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
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:
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
The application seeks approval for the creation of access from field onto highway. The field was until recently part of the larger field to the south and west of the application site. This larger field does have an existing entrance which accesses onto A15 Road. The field was recent split into two and the applicants purchased this parcel of land. Due to this the field owned by the applicants does not have an entrance of its own and consequently is land locked currently.
The applicant has indicated that during the last winter and the cold conditions resulted in the water drainaing for the hedge across the access road which due to the cold weather cause dangerous conditions. Therefore the primary reason for the application is to make the entrance to Booilushag better for all users, as the removal of the hedge will remove the overhanging trees, widen the road way and put drainage to protect the road way.
In terms of the use of the field the applicants have indicated that they may decide to use the field for grazing of a pony.
Maughold Commissioners have not objected to the application, but make the following issues:- "The Commissioners noted this application carefully. They note that an entrance already exists to this field, which is currently zoned for agriculture, on the A15 beside 'Fuchsia Bank'.
The Commissioners note the intention as outlined in Draft Planning Policy Statement PPS 2/09 to conserve and protect rural hedgerows and sod banks. Elsewhere in the Parish similar applications have been refused in accordance with this intention.
The Commissioners request that the agricultural need for this new field opening is proven before any approval decision is made by the Planning Committee."
Highways Division have deferred from making a decision on the following grounds:- "Drawings provided do not provide visibility splays from the proposed access. This is a de-restricted road, no vehicle counts are provided for this stretch of highway to determine the 85 percent tile of vehicle speeds."
The owners/occupiers of Fuchsia Bank, Ballajora Hill, Ramsey have objected to the application which can be summarised as; proposal results in the loss of several metres of established traditional Manx hedging, worth of preservation; site lines far more than a generally field exit, and therefore concerns regarding the reasoning behind this; and the ground level difference of the field and the highway is such that extensive excavation would be required to provide an acceptable gradient.
The owner/occupier of Garlow House, Booilushag, Maughold, has objected to the application which can be summarised as; I see no reason for a new gate onto a private estate road; and the use would result in mud on the road and the loss of traditional Manx hedge.
The owners/occupiers of Laurieston House, Booilushag, Maughold, has objected to the application which can be summarised as; no reason for a new gate onto a private estate road; the use would result in mud on the road and the loss of traditional Manx hedge; and there are no filed access along this stretch of the private road and the present access has been perfectly adequate in the past.
In terms of planning policy Environmental Policy 2 is perhaps the most relevant for this application as the site is within an area of High Landscape or Coastal Value and Scenic Significance. Within this zoning 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.
The appicant has indicated a number of reasons for the development which includes the removal of the hedge will remove the overhanging trees, widening the road and enable to lay drainage to protect the access into the Booilushag Estate.
Visiting the site it would appear that the ground level of the field differs greatly from the road ground level. Consequently, the amount of works and ground which would be required to be removed from the site would be significant. This level difference is not indicated within the submitted plans.
Furthermore, the proposal would result in the alteration of the majority of the front Manx banking and hedgerows/bushes above fronting onto the access road (approximately length of 25 metres). This amount of developmental will obviously have a visual impact, and consequently it is considered would harm the character and quality of the landscape.
The reasons indicated by the applicants for the development are not considered essential, the installation drainage and the concern of overhanging branches can easily be resolved without the substantial works being undertaken as proposed.
The Department has enquired why the applicants purchased this field without having any access. The applicant's agent has indicated that the reason for them buying it without access is not material to this application. The Planning Authority would disagree; given development in such areas require development to be essential.
The Highway Division have deferred from making a decision as the required visibility splays have not been indicated on this de-restricted road. The applicants have indicated this new entrance will open onto a private un-adopted road with infrequent use as this not a main highway and only leads to a relatively low density private residential estate and therefore bring a balance with creating a large enough entrance to give good clear visibility (based upon the road layout) without having to remove too much of the existing hedgerow.
Whether the road is private or publically owned, any new entrance should provide a satisfactory visibility splay in the interests of highway safety. In this instance, from the information provided, visibility towards the Booilushag Estate would seem to be acceptable, given the bend in the road and the likely speed of vehicles travelling along this stretch of road. However, in the opposite direction it is likely visibility splays of 2.4 meters meters would be the maximum splays which could be achieved.
The applicants have indicated that the proposal would also result in widening the road in this location. This is correct in that the bell month of the drive would perhaps act as a lay by. However, there is concern that given the visibility splays are likely to be inadequate to served the proposal, the proposal would likely result in a greater harm upon highway safety than the existing situation given a new access with inadequate visibility when exiting.
Overall, it is considered the development as proposed would have an adverse visual impact upon the character and quality of the landscape within the countryside. Accordingly, it is recommended that the planning application be refused on the planning policy grounds that the proposed development would be unacceptable to Environmental Policy 2 and General Policy 3 of the Isle of Man Strategic Plan (June 2007).
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Maughold Parish Commissioners The owners/occupiers of Fuchsia Bank, Ballajora Hill, Ramsey The owners/occupiers of Laurieston House, Booilushag, Maughold The owner/occupier of Garlow House, Booilushag, Maughold 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: 19.07.2010 19 July 2010 10/00477/B
R 1. The development as proposed would have an adverse visual impact upon the character and quality of the landscape within the countryside which is zoned as being an area of High Landscape or Coastal Value and Scenic Significance, contrary to Environmental Policy 2 of the Isle of Man Strategic Plan.
R 2. From the submitted plans, the required visibility splays have not been indicated, therefore the development could lead to a new access with inadequate visibility, detrimental to highway safety for all users of the new access and the existing road.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : 2010
Signed : 2010
Senior Planning Officer
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