Refusal Decision Notice

Isle of Man Planning Scheme (Development Plan) Order 1982

Mr P A Willers \& Mr J F B Jenkins Ballagawne Farm Ballagawne Road Baldrine IM4 6EP

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name: Proposal: at:

Mr P A Willers \& Mr J F B Jenkins Approval in principle for highway improvements to Ballagawne Road (C26) and a residential development on Part Fields, Ballagawne Farm Ballagawne Road Baldrine Douglas which was considered on 16 December 2005, for the reasons set out below.

Date of Issue: 20th December, 2005 Murray House Mount Havelock Douglas

Secretary Planning Committee

Reasons For Refusal:

1. The site not designated for development on the Laxey \& Lonan Plan which was approved by Tynwald on 20th October, 2005. This plan identified a series of sites for future development where such development would not result in the existing settlements expanding unacceptably into the surrounding countryside. This proposed development would result in new building appearing in significant amounts alongside a rural road which is generally characterised by small clusters of very small numbers of buildings and generally open land. These conclusions were reached in respect of the earlier application, PA 02/1397 which was refused up to and at appeal and which proposed development of the application site, albeit including part of field 614917 which is not included in this application. Whilst the development would no longer stretch as far up the Ballagawne Road

as the previous proposal, the development (which could be denser than that proposed in the previous application as the site is smaller than previously proposed 4.3 ha compared with 6.8 ), would still be urban development alongside a rural road, as was noted with the previous application, would still be on land which is not designated for development and as such is not acceptable.

1. The C26 Ballagawne Road is a typical rural road which winds and has limited width and limited forward visibility for drivers of vehicles using the road. As such, the road which would serve the site is not considered suitable for the scale of development which could result from this proposal. In addition, the proposed access of the Ballagawne Road with the A2 coast road would provide inadequate visibility for drivers of vehicles turning onto the Ballagawne Road and there is no provision for a ghost island for southbound traffic on the A2, turning right into Ballagawne Road. There is also no provision for pedestrian crossing of the tramlines.
2. The development will result in the increase of vehicles using the junction of the Ballagawne Road with the A2 which necessitates vehicles straddling the tramlines whilst stopped at the junction. The development will increase the risk level of collision between a waiting vehicle and an approaching tram.
3. There is insufficient information provided in the application regarding the number of houses and the proposed means of dealing with foul and surface water from the site, to enable the Drainage Authority to be sure that the development could be satisfactorily dealt with without adding to the potential for flooding at Garwick Road.
4. This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.

Note 1: The decision contained in this notice does not become final until:-

• the time for requesting a review of the initial decision has expired; or
• any review of the initial decision has been completed; or
• the time for requesting an appeal in relation to any decision at review has expired; or
• any appeal has been completed.

Note 2: Rights of review against the decision are attached.