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Application No.: 21/01314/B Applicant: Mr Brian Kinvig Proposal: Creation of new vehicle access and alterations to existing access Site Address: Field 224051 Bollyn Road Ballaugh Isle Of Man Planning Officer: Hamish Laird Photo Taken: 22.08.2023 Site Visit: 22.08.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.06.2024
C : Conditions for approval N : Notes attached to conditions N/A This application has been recommended for approval for the following reason.
It is considered that overall the works as carried out to create the new field access onto Bollyn Road, close-up the existing access and to widen the further existing access closest to Ballaugh Beach Car park are acceptable as carried out and that retrospective planning permission should be granted. As such, the proposals accord with the provisions of Policies SP1 b), SP3 b), SP4 b) GEN2 b), c), d), e), f), g), i); ENV1; ENV2; ENV5; ENV22 iii); ENV23; and, T4 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
The development as carried out shall be maintained strictly in accordance with the following Drawings and details:
Drawing - Site Location Plan showing site edged red at scale 1:2,500; Drawing - Site Location Plan showing existing and proposed access points onto Bollyn Road at scale 1:1,250; Drawing - Site Location Plan showing visibility splays for new access onto Bollyn Road at scale 1:500; 4 No. photographs of site access points and adjoining residential access points date stamped 18/10/2021; Copy of adoption Road Plan by DoI showing roads D13 and D63 in brown;
all as date-stamped received on 21st October, 2021.
Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are located within 20.0m of the site boundary and are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 4.2:
Ballakinnag House, Bollyn Road, Ballaugh, Isle of Man Sunsets, Bollyn Road, Ballaugh, Isle of Man
1.0 THE SITE - 1.1 The site comprises a recently formed access to a grassed field (Field 224151) which is set back from the road carriageway and which has been cut through a roadside hedge/sod bank. Some works to add retaining stones at the points either side where it the access has been cut through the bank have been placed to stabilise the exposed edges of the bank. A metal 5-bar gate has been set between posts across the access. The access is one of two (the second being located on the northern side of the field boundary with the road) that serves the field on this side of the road. The grassed verge that is required to be crossed when passing from the metalled carriageway into the field via the new access is adopted highway. - 1.2 The new access is located opposite the site for a recently approved application for the erection of a detached garage/workshop with associated driveway and new vehicular access (See PA's 20/00648/B and 21/00193/MCH) - which lies adjacent to the established detached 2storey dwelling at 'Ballakinnag House' on Shore Road. To the north of 'Ballakinnag House' is 'Sunsets' which is a modern, detached single storey dwelling, set back on its plot from the road with access onto Bollyn Road which is located to the north of, and on the opposite side of the road to, the application access. - 1.3 The site lies within the countryside beyond any recognised settlement boundaries. Bollyn Road is a classified road.
2.00 THE PROPOSAL - 2.1 The full planning application proposes the creation of a new vehicular access and alteration to an existing access. The new vehicular access is as described in paragraph 1.1 above, and has been installed. The alterations to the existing access have also been undertaken in that what was an existing access into the field further along and bounding the Bollyn Road, has been infilled with earth and grassed over to form a sod bank. The further field access serving Field 221451 is located on the fields northern boundary close to the Ballaugh Beach car park and turning area next to the sea. The car park is to be retained and is unaffected by these proposals. - 2.2 In a letter to DEFA Planning dated 24th June, 2022, the applicant advised that:
"the existing field entrance has new been blocked up in accordance with the recommendations made by DEFA's Ecosystem Policy Officer (name redacted).
The new access gate is 14' wide to allow for access to the field by modern machinery.
Access to the field is downhill form the highway and continues (through the field) to the river. All surface water will naturally flow off the highway into my field.
The new entrance is less steep than the existing access (which has been blocked off) and this is less dangerous for machinery ingress and egress to the field. I almost lost control of a machine last year due to the steepness of that entrance. The access near the beach is frequently encumbered by tourists visiting Ballough Beach.
No trees or shrubs will be removed."
3.00 PLANNING HISTORY - 3.1 13/00616/B - Erection of timber shed, and installation of replacement entrance gate and posts (increase in the boundary height removed from the description as it is not considered development) (retrospective) - Permitted 22/7/2013. The use of the shed was restricted by condition 3 of this planning permission to be used for agricultural purposes only.
4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as "not for development" on the 1982 Development Plan, North Map. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance. - 4.2 Given the nature of the application it is appropriate to consider General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, Environment Policy 1 which seeks to protect the countryside from unwarranted development.
4.4 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly." - 4.5 In the Isle of Man Landscape Character Assessment (July 2008) - (IoMLCA) - the geology underlying the site is classed as Loamy Sand/Sandy Loam Section "D4 - Orrisdale and Ballaugh" of the IoMLCA provides an Overall Character Description being:
"Orrisdale and Ballaugh Incised Inland Slopes are situated at the western edge of the Island and encompass farmland, which surrounds the small-nucleated settlement of Ballaugh. In the north and west, topography is gently rolling, facilitating glimpsed distant views across the sea to the west. Further to the east, topography slopes more steeply upwards, forming the lower slopes of Northern Uplands. The relatively steeply incised course of Glen Dhoo cuts northwards through the area, becoming more open to the south of Ballaugh. A patchwork of relatively regular, medium-scale fields, delineated by a mature network of low hedges cover the area. To the east of A3, on the lower slopes fields are predominantly pasture, grazed in several places by sheep. The A3 road corridor (with associated noise and visual intrusion, especially during TT season) cuts across the area and connects a series of minor roads, leading north-west and south-east, towards the coast and the uplands respectively. Settlement pattern is dominated by a series of hamlets (including Orrisdale and Bishopscourt) and traditional stone isolated farmsteads, which are scattered throughout the area. The nucleated, and relatively modern settlement of Ballaugh (with the church, a landmark within views from the surrounding area) lies at the foot of Glen Dhoo and at the junction between A3 and A10. Settlement character is dominated by a series of white washed houses and shops. The settlement is entered to the west (via A3), over a traditional stone hump-backed bridge, from which, sweeping views
southwards along the course of Glen Dhoo can be gained. The old Kirk Ballaugh Church (a distinctive, small brick/ stone building) provides a recognisable historic feature, set against the dramatic upland backdrop to the south. There is a generally strong sense of tranquillity throughout the character area. Sense of remoteness is also relatively strong at distance from small settlements and main road corridors."
The Key Characteristics affecting the site are: "o Dramatic views to muted upland backdrop to the east.
4.6 The Landscape Strategy is described as: "The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of the area with its patchwork of relatively regular, medium-scale fields, its mature network of low hedges, its tranquil and remote character and its traditional hamlets and scattered farm buildings."
5.00 CONSULTATIONS - 5.1 DoI Highways (11/11/21) - comments: "Highways Comments: The proposal seeks to alter an existing access, close up and existing access and create a new access. As a result, there is no increase or decrease in the number of accesses serving the field. In principle, the location of the accesses is acceptable. The new access to be created is a significant distance from the existing to be retained and is in a more suitable location than the existing to be removed. The existing to be removed is directly opposite an access to a dwelling and could create conflicting movements. The proposed access would be setback from the highway due to an area of soft landscape in front, and is located on the outside of a bend which will maximise visibility.
The applicant has provided a visibility splay drawing for the proposed access. The drawing correctly uses a 2.4m setback distance, however the splays have not been drawn correctly. The sight lines should be drawn to the nearside kerbline, whereas the drawing provided has drawn the lines to a midpoint in the road. Additionally, the extent of the lines has not been accurately depicted. The lines are drawn to 40m+ and 100m+ respectively, giving no real indication of achievable visibility. If the applicant used a larger scale, it might have been possible to show the achievable visibility.
Despite this, due to the location of the proposed access on the outside of the bend and the alignment of the road being very straight, it is possible to achieve over 100m of visibility in both directions. The minimum visibility distance required for vehicles travelling at 40mph is 90m. The estimated level of visibility achievable from this access is suitable for traffic travelling just over 40mph which should be adequate for the vehicle speeds expected at this point. The location of the access should be able to provide a suitable level of visibility, provided that all obstructions within the splay area are below 1.05m for the duration of the development's life and any vegetation is cutback as to not encroach into the splay area. The proposal does not include any access arrangements or dimensions, so it is not possible to know if the new access will conform to design standards, and it is not clear the extent to which the retained access will be altered. The access requirements can be found in Manual for Manx Roads - Appendix B. A field access has the following requirements:
The alteration to the highway, in the form of creating a new access, will require a Section 109(A) Highway Agreement to be made post planning consent.
On construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. Highway Services request the additional information/revisions of the access arrangements to the proposed new field access as well as the proposed alterations to be made to the existing retained access. Recommendation: Request further information/revisions."
5.2 DoI Highways (3/12/21) - comments: "Highways Comments: This response is to supplement comments made in the Highways Development Control response given on 11/11/2021. Application 21/01234/A is currently pending approval for a proposed access, which was approved under a previous application 20/00648/B. The agent of this proposal has contacted Highway Services raising concerns that the access are facing each other and that there are a number of accesses in close proximity in this area.
Due to the nature of use of the field and it benefiting from two accesses, it is unlikely that there will be a high volume of traffic movements in and out of that access. There is no scope for the access proposed under 21/01234/A to be moved or altered, however, there may be space to move the proposed field access southwards so that the accesses are not directly facing.
In the interest of road safety, and to reduce the risk of conflicting movements between agricultural and domestic movements, the applicant of PA 21/01314/B may wish to move the access southwards so that the proposed accesses are not facing. However, Highway Services Development Control does not believe that any significant road safety or highway network efficiency issues will be raised if the currently proposed access arrangements remained.
Recommendation: As per response dated 11/11/2021"
5.3 DoI Highways Drainage (3/12/21) - Comments:
Highways Drainage Comments: "Based on the information submitted, it is unclear whether there will be any surface water runoff from the field via the new vehicle access onto the public highway. This would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
Recommendation: Additional information required with regard to the new vehicle access and field level in relation to the highway."
5.4 DEFA - Ecosystems Policy Officer (23/11/21) - comments:
"Unless I have completely missed it, although the online documentation clearly shows that one of the existing field gates is to be blocked up, no details have been provided about how this is to be done. The Ecosystem Policy Team therefore recommend a condition on approval for landscaping details of the access to be blocked to be provided to Planning for written approval prior to works taking place.
The access should be blocked using native species and so that it matches the hedge banks to either side in order to retain the character of the area. If a scrub topped sod bank is to be created we recommend that the turfs on top of the section of bank that is to be removed are retained and re-used on this section.
The applicant should also be aware that these sections of hedge bank have the potential for nesting birds and therefore we recommend that removal is undertaken outside of bird nesting season. If this is not possible then through checks for breeding birds should be made first. The applicant should note the following:
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:
intentionally or recklessly kill, injure or take any wild bird intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use
or being built intentionally or recklessly take or destroy the egg of any wild bird intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swallows or house martins."
5.5 The following two third party representations have been received from occupants of neighbouring presidential properties:
The neighbour at Ballakinnag House has written objecting to the proposals on the following grounds:
"I am writing to ask for more information on the above planning application which is to create a new access across the road from my property. There are already two access points to this field which have been used to manage the land for several years: One which is located opposite the driveway entrance of Reflections and an additional entrance which is situated closer to Ballaugh beach and away from any domestic properties and any potential traffic conflict which could be more easily developed. I would like to express my concerns with the proposal as it stands:
3 properties - One which serves "Sunsets", one which serves "Ballatiki" and one which will serve the recently constructed garage/workshop associated with "Ballakinnag House". This would adversely affect the character of the area and would to some degree detrimentally impact upon the private amenity from vehicle movement and would create a degree of material harm through vibration, noise and light pollution in the comings and goings of large modern agricultural machinery where presently there is none.
It was my understanding that planning policy frowns upon unwarranted development in the countryside and in my view there are better alternatives which would have less environmental impact such as increasing the width of one of the two existing accesses the land owner has. Perhaps the one closest to the beach would be more suitable as it already exists, meets the minimum requirement for visibility splays, opens directly onto the public highway, is away from any domestic conflict, would have significantly less impact on the environment and would require minimum expenditure by the land owner to increase the width to allow access to more modern farm machinery.
I would like to reiterate that I am entitled to party status for any appeal (in accordance with 2021 Operational Policy on interested person status) as the application site border my land and my residential dwelling is less than 20M of the intended development.
5.6 The neighbour at Sunsets has written objecting to the proposals on the following grounds:
"I am writing to you to register our concerns about the proposed new entrance to field 224051 own by Brian Kinvig, we feel that there is no need at all for a further entrance to the field as there are already two existing ones, one opposite Reflections which has been uncovered recently when is has been covered over and with vegetation and neglected for the last 26 years that we have lived here and one further entrance down near the beach, both could be widened for modern machinery at much less expense than creating a new one when the field only grows Hay and corn.
We also feel that the mess it would make with large modern agricultural machinery coming and going on the road right opposite ''Sunsets'' and ''Ballatiki House'' would be unbearable plus factors like noise, vibration, light pollution, roots of trees disturbed it would ruin the character of the area especially when it is used constantly with people from the area spending time at the beach. There is also a well-established hedgerow for wild life that would be greatly affected.
We repeat once more why apply for another entrance when he has two already in place and it would be a simple task to widen one of those, which makes us very concerned that there is a bigger picture here and if so will object strongly to any development of the field in the future."
6.1 The main issues to consider in the assessment of this planning application is the principle of development; the visual impact on the character of site and surroundings; and, the impact it would have on Highway Safety; neighbours amenities; and, Ecology. Principle of development - 6.2 The full planning application proposes the creation of a new vehicular access onto Bollyn Road and alteration to an existing access to a field access to the north serving the same filed which is located close to the car park at Ballaugh Beach. The new vehicular access has been installed. The works are associated with the use of the land for agricultural purposes and enable modern agricultural machinery to access the land relatively easily. Modern machinery tends to be much larger than such machinery used in the early post WW2 years up to the 1960's and 70's. - 6.3 The new access is located opposite residential properties at Ballakinnag House, and the vehicular accesses that serve "Sunsets", and "Ballatiki". The concerns raised by neighbours regarding the installation of the new access are noted, particularly that it was installed without planning permission; it crosses a drove road (track) which is public highway land, and which links up with Bollyn Road to the south by cutting out the junction of Bollyn Road with the A10; and, that works on its installation commenced in the early hours of the morning, which was extremely unsociable in terms of their impact on neighbours amenities due to noise and disturbance. In addition, concerns were raised regarding the impact on the bio-diversity of the hedge bank, and the parking of agricultural machinery in the field but close to these residential properties. - 6.4 With regard to the principle of development, the site forms part of the boundary to an existing agricultural field and the new access as well as the works to improve the existing access closer to the beach is considered to be acceptable. As the works have been undertaken, it is a question of whether the works as carried out are acceptable and that a retrospective grant of planning permission to regularise them in law can be permitted. - 6.5 As indicated in 6.1 above, the other main issues are considered to be: Visual impact; Highway safety; Neighbours amenities; and, Impacts on Ecology. Visual impact - 6.6 In respect of the visual impact of the works as carried out, these were undertaken approximately 3 years ago, and the rawness of the works has dissipated over time and the grass and gorse and other foliage adjoining the access point has re-established itself. The visual impacts of the works to both establish the new access and to widen the existing field access are considered to be acceptable and accord with the provisions of Policies SP1 b), SP3 b), SP4 b) GEN2 b), c) d), e) and f); and, ENV1 of the Isle of Man Strategic Plan 2016. Highway safety - 6.7 Officers from DoI Highways Services have visited the site and commented on the proposals. Highways Services advised that "in the interest of road safety, and to reduce the risk of conflicting movements between agricultural and domestic movements, the applicant of PA 21/01314/B may wish to move the access southwards so that the proposed accesses are not facing. However, Highway Services Development Control does not believe that any significant road safety or highway network efficiency issues will be raised if the currently proposed access arrangements remained." - 6.8 As the works have been undertaken, particularly the installation of the new access opposite the neighbouring dwellings, it is unlikely that the applicant would be willing to move the point
of access to reduce the possibility of any conflicting domestic and agricultural vehicle movements. Vehicles entering and leaving the filed do so after crossing over the green verge which lies between the metalled carriageway and the field access as installed. This, albeit that this is a public highway in its own right, allows visibility to the north and south to occur for vehicles when leaving the field, and given the low level of usage, it is considered unlikely that a road traffic accident would occur. It is also noted that the road is effectively a cul-de-sac leading down to Ballaugh Beach, serving a relatively small number of residential properties, where owing to the low-key nature of the road, the traffic speeds of road users would be relatively slow. Overall, it is considered that the works carried out to install the new access point and to widen the existing access are acceptable in highway and pedestrian safety terms. This accords with the provisions of Policy GEN2 i) of the Isle of Man Strategic Plan 2016.
Neighbours amenities
6.9 The concerns expressed by neighbours, particularly in relation to the installation of the new access opposite and close to the dwellings at Ballakinnag House, and the vehicular accesses that serve "Sunsets", and "Ballatiki", have been noted. On their own, the new access point has been installed, and the existing access point, which is set away from any nearby residential properties, as points of access to the neighbouring field have little or no impact on the residential amenities that occupants of these neighbouring properties enjoy. - 6.10 The works undertaken were unauthorised, and the manner in which they were said to have been installed, which was swiftly and with a very early (before 6:00 am) start, is unneighbourly. The parking of agricultural machinery and equipment close to the field boundaries is also considered to be unneighbourly, but as it involves the parking of agricultural machinery and equipment on agricultural land and, is not in planning terms, unlawful. Whilst the neighbours' concerns are noted and appreciated, it is considered that the works as carried out, in particular to install the new access are not unduly harmful to the neighbours amenities, and as such are acceptable in terms of the provisions of Policies GEN 2 g); ENV22 iii) and ENV23 of the Isle of Man Strategic Plan 2016. Impacts on Ecology - 6.11 The comments received from both neighbours and the Ecosystems Policy Officer in respect of the impacts of the development to the ecology of the access sites and their immediate surroundings are noted. The Ecosystems Policy Officer advised: "The access should be blocked using native species and so that it matches the hedge banks to either side in order to retain the character of the area. If a scrub topped sod bank is to be created we recommend that the turfs on top of the section of bank that is to be removed are retained and re-used on this section." It is noted from the Case Officer's site visit in August 2023, that the works to seal up the existing access have been carried out as described and it was difficult to discern where the access had been owing to the blending of the vegetation. The works of restoration had been undertaken outside the bird nesting season. This accords with the provisions of Policies SP4 b); GEN 2 d); ENV2 and ENV5 of the Isle of Man Strategic Plan 2016. Other matters - 6.12 In respect of the comments received from the Highways Drainage Team and subsequent to the Case Officers' site visit, it was noted that the grassed verge leading form the access to the carriageway was level with the road surface and that the accessed was laid to grass allowing permeability in respect of rainwater. It is considered unlikely that the installation of the new field access, or the works for widening the existing access, would give rise to flooding of the road surface. As such, the proposals accord with the provisions of Policies GEN2 i) and T4 of the Isle of Man Strategic Plan 2016. Conclusion - 6.13 In conclusion, it is considered that overall the works as carried out to create the new field access onto Bollyn Road, close up the existing access and to widen the further existing access closest to Ballaugh Baech Car park are acceptable as carried out and that retrospective
planning permission should be granted. As such, the proposals accord with the provisions of Policies SP1 b), SP3 b), SP4 b) GEN2 b), c), d), e), f), g), i); ENV1; ENV2; ENV5; ENV22 iii); ENV23; and, T4 of the Isle of Man Strategic Plan 2016.
RECOMMENDATION - Approve - no conditions are required owing to its retrospective nature.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date : 19.06.2024 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control
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