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Application No.: 09/01239/R Applicant: Mr Gary Coleman Proposal: Creation of new road from existing access Site Address: Field 134801 Clenagh Road Sandygate Ramsey Isle Of Man ### Considerations Case Officer : Mr Gary Barr Photo Taken: 21.09.2009 Site Visit: 21.09.2009 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. 05.10.09 - In light of new information, the Highways Department would like to object to this application. Consultee : Lezayre Parish Commissioners Notes: Refuse Consultee : Manx National Heritage Notes: see comments Consultee : Wildlife \& Conservation Officer Notes: Phillippa Thank you for your enquiry. The application to which you refer was submitted as a result of the matter having been pursued by the Planning Enforcement Officer. The application is retrospective and whilst a recommendation has been raised by the Planning Officer that has yet to be considered by the Senior Planning Officer. Planning Enforcement action is not actioned until the planning application process has been exhausted. I will further note your interest in this matter on both 09/01238 and 09/01239 (the access) and you will be copied in to any decision notice as and when it is issued Kind regards Jo From: Tomlinson, Philippa Sent: 29 October 2009 13:35 To: Callow, Jo (DoLGE) Subject: PA09.1238 Retrospective planning for 2 polytunnels and associated road and hard-standing Dear Miss Callow, Please can you advise me what the situation is as regards this retrospective planning application? I understand the applicant is continuing to build polytunnel(s) and develop the site but we have not had any indication from your Dept. that permission has been given. This was a Phase 2 habitat which was destroyed by the applicant without any planning permission. With kind regards Philippa Dr P.R.Tomlinson @ Wildlife and Conservation Division, Department of Agriculture, Fisheries and Forestry
The application site represents the curtilage of Field 134801 "which is located to the eastern side of Clennagh Road, between Sandygate and Sulby.
This retrospective planning application is seeking approval for the widening of the existing entrance to field 134801. The entrance would be widened to 7 m for safe access and visibility to Clennagh Road.
The application site is within an area of "Nature Conservation Zones, Nature Reserves and Sites of Ecological Importance for Conservation" under the Isle of Man Development Plan, 1982. Within the adopted Isle of Man Strategic Plan 2007 there are no policies relevant to this specific application.
PLANNING HISTORY The following planning application should be considered relevant in the assessment and determination of this application: PA 09/01238/R - Erection of two polytunnels - Pending REPRESENTATIONS
Lezayre Parish Commissioners have recommended refusal on the development on the grounds that the plans is not clear if a drainage pipe with adequate diameter has been placed under the roadway for the entrance to this field and the Commissioners would also like to know where the water will drain to, where the entrance meets the highway. A stone wall is under construction at this entrance, which is not shown on the plans and Commissioners would like to draw this to your attention.
The Department of Transport Highways Division commented on the development 24.08.2009 which they did not oppose. Further information was sought by the Planning Authority from the Highways Division regarding the visibility splay for this section of the Clennagh Road. New information came to light as a result and the Highways Division have since retracted their previous statement and are now objecting to the proposal on the grounds that the new access is not suitable for commercial purpose due to an increase in traffic movement onto a fast stretch of road and poor visibility from the site.
Ms K M Hawkins of the Manx National Heritage has commented on the proposal.
Mr D Bridges from the Manx Wildlife Trust has objected to this retrospective planning application as they own the adjoining land (nature reserve) - on the grounds that:
ASSESSMENT
The objection from the Highways Division regarding the access being not suitable for commercial purposes due to an increase in traffic movement onto a fast stretch of road and poor visibility from the site, is taken as evidence that the proposal would be dangerous for the general public to use and would lead to an increase risk of accidents to both existing and proposed road users.
4 February 2010
The applicant has indicated that the extent of land within their ownership or control is limited to that identified in the application and edged in red on the submitted drawing. As such, no additional land is available for the required visibility splay of 120m in both directions suggested by the Department of Transport and as such; it is considered that the creation of the access can not be improved to make the proposal acceptable.
Furthermore, the appearance of the access constructed is not particularly pleasing, with the poor form of the entrance and use of materials throughout the site considered to be detrimental to the visual amenity of the area.
RECOMMENDATION For these reasons the proposal is considered unacceptable and it is recommended that the planning application be refused. PARTY STATUS
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:
Recommendation Recommended Decision: Refused Date of Recommendation: 23.11.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
By reason of the increase in traffic upon a fast stretch of road, together with poor visibility, the access would be unsuitable for commercial purposes which would lead to an increased risk of accidents to both existing and proposed road users.
The required visibility splay of 120m in both directions suggested by the Department of Transport is not within the ownership or control of applicant, as such, can not be achieved.
The provision of the new access by reason of the removal of vegetation and the creation of hardsurfacing is detrimental to the visual amenities of the area and harmful to the site designation.
4 February 2010
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made: Refused
Date: 4/21/19
Signed:
Senior Planning Officer
Subject:
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