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Application No.: 04/00855/A Applicant: Mr P A Willers \& Mr J F B Jenkins Proposal: Approval in principle for highway improvements to Ballagawne Road (C26) and a residential development on Site Address: Part Fields, Ballagawne Farm Ballagawne Road Baldrine Douglas ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Committee Decision ### Written Representations Mr \& Mrs Alexander Hon Steve Rodan MHK Mr \& Mrs Rowley A J Pligrim Capt.W J M McClure Mr A Pascoe Dr C P T Clague Mr R Luckman Mrs M P Kay Mr \& Mrs Rampton S G Porter K E Greenhalgh \& J L Lesley W \& B Thomson H Pilley K \& M Lauton The Occupier The Occupier The Occupier Mr A Jessopp Mr S \& Mrs C Bannister Ms C Alexander Mr K Oxenforth Mrs P Kewley Mr T Horsthuis Mrs J Kinnish Mrs M Keig Mr A Taggart Mrs J M Corlett Mr \& Mrs Kneale Mr J T Stephen Mr T Wiseman Mr R Greenwood L Williams Mr \& Mrs W Simm Mr J D \& Mrs J Foster Mr \& Mrs Wright Mr M Booth Mrs J A D'Amore Mr \& Mrs Knight Mr P \& Mrs H Hammonds Mr R Hoare Mr R D \& Mrs J D Quine Mr \& Mrs Colvington Ms W Smith Mr S \& Mrs H Marshall Mr N E Gibbs Mrs H M Bargent \& Mr A Lawton Mrs A Jacques Mr \& Mrs Varney Mr N \& Mrs M Yeoman Miss A Harrison And On Behalf Of Miss N Smith P \& V Griffiths Mr \& Mrs Hurdman Mr T Faragher Dr C P T Clague L \& D Hayes ## Consultations Consultee : Highways Division Notes: objections see comments Consultee : Lonan Parish Commissioners Notes: strong objections, see comments Consultee : Isle Of Man Newspapers Notes : Consultee : Manx National Heritage Notes: see comments Consultee : Daff - Wildlife \& Conservation Officer Notes: see comments Consultee : Drainage Division Notes: deferral Consultee : Chief Environmental Health Officer Notes: concerns. see comments Consultee : IOM Water Authority Notes: withdraw objection, see letter dated 23.11.04 Consultee : Manx Wildlife Trust Notes: see comments ## Policy
The site represents two parcels of land situated on the south west and east of the Ballagawne Road (C26). The land on the south western side stretches from the Ballagawne Road (excepting Ballagawne Farm) to the Manx Electric Railway line as it runs around Garwick Glen. The piece of land to the east stretches from the Ballagawne Road to the A2 coast road. The plans also identify land coloured blue which represents land owned by the applicant but which is not proposed for development in this application, and land coloured green which is land which belongs to an adjacent owner who also owns part of the development site.
The application proposes the principle of residential development along with an agreement to ensure that an agreed percentage of plots to be made available to first-time buyers in accordance with current agreed guidelines, the conveyance to Manx National Heritage of land on which there is a site of archaeological interest (the cashtal) and a payment of up to £ 200,000 and if necessary the provision of land to enable the Department of Transport to re-instate the Old Garwick Halt for the electric tram service (I assume this would be the Department of Tourism and Leisure). The application also includes reference to a limitation of not more than 99 dwellings which stems from the Department of Transport's requirements for a second access.
The site is designated as Open Space and partly of High Landscape Value and Scenic Significance on the 1982 Development Plan order. In the now approved Laxey and Lonan Plan the site is not designated for development either, the developer not having made any submission to the plan to request that his land be considered for development. Tthe site has been considered previously for development in the form of PA 02/1397 which was refused initially and at review by the Planning Committee and at appeal by the Minister after a recommendation for refusal from the inspector. The reasons for refusal in that case related to the fact that the land is not designated for development, the road serving the site (C26) was not suitable for additional traffic and that there was inadequate information in respect of the disposal of surface water from the development.
This latest application differs from the previous one in terms of the number of dwellings proposed (now 99 compared with 100 -130) and the inclusion of additional land over which to provide a safe means of access and egress. The applicant rejects the reason for refusal relating to designation and reiterates the arguments put forward in the previous application about the availability of sewerage in Baldrine/Lonan. This was not persuasive last time and as such should not be this time.
The provision of the access has not met with the approval of the Department of Transport who object to the application on the basis that the visibility splays provided do not comply with the Department's standards, the junction of the C26 and A2 is not satisfactory, there is no provision for pedestrian movement from the site to the A2 where there are no pedestrian facilities and the letter also refutes the applicant's suggestion that the proposal meets with the DoT's approval. This objection is supported by the Department of Tourism and Leisure's concern about the increased level of traffic using the tram crossing which offers inadequate visibility.
The Water Authority has submitted its standard objection on the grounds of water supply although this could be addressed by a condition regarding phasing. This objection is now withdrawn.
The Manx Wildlife Trust points out that in the absence of details of the surface water disposal, the effect on the wildlife of the river is unknown and ask for a full environmental impact on the effect of the development on the river. This would be an unreasonable requirement bearing in mind the previous application decision which simply stated that there was insufficient information. The Department of Transport Drainage Division have, however commented that insufficient information has been provided to prove how the surface water would be dealt with satisfactorily and I am aware that the Environmental Protection Division of this Department is concerned that the forthcoming control over the quality of water will not be satisfied and, by virtue of the amount of water available at some times in the summer in the river, this will not be achievable at certain times. The requirements in respect of his concerns are, however different from the standards applied by DoT in respect of stand alone treatment works. DoT have requested a deferral pending the submission of further information in this respect.
There are significant local objections on the basis of the precedent of the previous application, designation, access, drainage, water and visual impact.
Recommended Decision: Refused
Date of Recommendation: 12.12.2005
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 propsoed 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.
The C2b 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.
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. This the development will increase the risk level of collision between a waiting vehicle and an approaching tram.
R 4. 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.
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