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The application site comprises of fields 224254 and 224255, which are located between the residential developments of Faaie Craine and Squeen Meadow to the southwest of Station Road (A10) and some 200 metres from the centre of Ballaugh. The land is currently used for grazing.
The boundary treatment which runs along the north-eastern boundary (fronting Station Road) of the site consists of a sod hedge which stops at the boundary with the neighbouring property Thie McPhail. Currently to the north of the site is Bitmac Road which runs along the northern boundary of the site.
The boundary treatment along the north boundary consists of a variety of hedging and trees approximately 2 to 4 metres in height, which continues along the western and southern boundaries.
The application site is within an area recognised as being an area of existing residential use, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, however the site is within an area zoned High Landscape or Coastal Value and Scenic Significance.
Approval in Principle for the erection of four detached dwellings (02/02207/A) – approved at appeal (26th April 2004). Approval for 42 dwellings in "Glebe Aalin" on the north-eastern side of station road (99/00585/B) Approval for 9 dwellings in Squeen Meadow immediately north of the application site (97/00666/B)
The application is a reserved matters application (re 02/02007/A) for residential estate layout for four plots, roads and sewers.
The application proposes the removal of the existing sod hedging on the north-eastern boundary and to be replaced with a new public footpath (1.8m wide). A new sod hedge row will be planted on the western side of the proposed footpath approximately 5 metres away from the highway.
The submission includes alterations to the existing Bitmac Road access, by the widening of the access. This proposed new access would continue to serve Bitmac Road but also the road for the proposed housing development. The proposed road would run along the northern boundary of the site, and would have a width of 4.5 metres, which provides access for the housing plots. The road also provides a turning circle with a diameter of 13 metres.
Within the proposed housing development it is proposed to form four housing plots each of which are divided by proposed 1.2m wide x 1.5 m high earth based sod hedging.
Ballaugh Parish Commissioners object to the application for the following reasons:-
The Commissioners consider that the proposed footpath to be created from the entrance to the site along Station Road and end at the boundary wall of Thie McPhail will create a very grave danger to pedestrians who will use the footpath, because having arrived at Thie McPhail persons will have to step off the footpath into the roadway and into the path of vehicles travelling north along Station Road, and persons will obviously attempt to cross the roadway at this point thus creating even more of a danger to themselves and motorists. Because of the high boundary wall at Thie McPhail, motorists will not see pedestrians until they step off the footpath.
For the above reasons, the Commissioners consider it would be better not to create such footpath, so that pedestrians are more likely to cross Station Road at the entrance to this new development, where they will be seen earlier than they would be if they crossed the roadway at Thie McPhail.
02.04.07 - Commissioners have now considered the above proposed development, and approve of the amended plan to delete the proposed footpath from the entrance of the estate to Thie McPhail dwelling on Station Road.
Highways Division oppose the application:-
Visibility splays of 2 metres by 90 metres cannot be provided towards Ballaugh bridge to serve this intensified usage. The appeal decision for planning application 02/02007/A was not available to me when making these comments.
Drainage Division have no objection to the application subject to the followings conditions:-
All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers For Adoption" and all necessary inspections/surveys (including CCTV) are to be carried out at the developer's expense.
Division are listed within Part 1 of Manx Sewers for Adoption - 'Aid to making a sewer adoption submission'.
The Isle of Man Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Disability Access Office makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Fire Safety Department makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The owner and/or occupant of Nubeena, 8 Queenmeadow, Ballaugh, objects to the planning application, which can be summarised, as a retired Court Chairman specialising in traffic matters it is inappropriate for the proposed new footpath running in parallel with Station Road to terminate behind a blank wall risings issues of Health and Safety questions, questions the approximate site lines and crossing is misplaced.
The owners and/or occupants of 2 Faaie Craine, Ballaugh, object to the planning application, which can be summarised as, the proposed footpath which ends abruptly is a danger to pedestrians, road safety issues with regard to another access 200 yards from Ballaugh School and a civil matter regarding the owner of part of the river possibly not agreeing to any further water being discharged into the river as is proposed in the application.
With regard to the objection by the Highway Division regarding inadequate visibility splays the Appeal Inspectors report for the previous application stated, "using the private lane has the potential to produce a sightline of some 2.0m x 40m to the southeast, which is a significant improvement. The sightline to the northwest assisted by the curvature of Station Road affords good visibility of approaching traffic from the Jurby direction. Moreover, setting back the sod hedge along the Station Road frontage of the site would greatly improve the sightline to the southeast for drivers emerging from the lane, whilst also affording motorists approaching from the village a better view of the bellmouth. The footpath along the site frontage would make a significant contribution to pedestrian safety".
The Inspector goes on to say "the private lane, which lies outside the application site, would require upgrading to an acceptable standard but this could be stipulated as a pre-condition to the commencement of the development. The onus would lie with the developer to negotiate the agreement of persons with proprietary interests in the lane to the necessary works. I have considered the proximity of the lane to the necessary works. I have considered the proximity of the lane entrance to the other minor road junctions in the vicinity and the concerns regarding the safety of the children attending the nearby school. However, four additional dwellings is a comparatively minor development in terms of traffic generation. Provided, as canvassed by the appellants, the sod hedge were set back from Station Road and a footpath were constructed along the site frontage I am satisfied that the proposed development would not add significantly to traffic hazards along Station Road".
I therefore consider that this submission has proposed to implement the scheme as stated by the Appeal Inspector and therefore consider the access to and from the site would be acceptable. However this issue does lead onto a concern that I have which all the objectors and the Ballaugh
Parish Commissioners have regarding the sudden termination of the proposed new footpath along Station Road. I believe a more suitable solution would be bring the exit of the new footpath closer to the access of the site as proposed by the Commissioners. By doing a design would give more visibility for pedestrians and motorists. However the applicant has done as requested by the previous condition ‘Prior to the commencement of any other part of the development the sod hedge along the street frontage of the site with Station Road shall be set back and a footpath constructed along the entirety of the frontage to line through with the footpath fronting Squeen meadow’. I am of the opinion therefore refusing the application on this ground would be unfair. Nevertheless I contacted the applicant who also had concerns of the proposed footpath, and the only reason they included the footpath was due to the Inspectors comments. After discussion we agreed that the footpath should end at the entrance of the site but the sod hedging should remain as proposed to give adequate visibility for vehicle access from the altered access.
With regard to drainage issues, the Drainage Division have commented on the submission and have no objection subject to conditions. The concerns of the issue of rights of control over additional discharges as indicated by the objectors is a civil matter between the relevant parties and therefore I do not add significant weight a view which I share with the Appeals Inspector who commented “Counsel for the appellants challenged the claim by the owner of The Squeen that he enjoys a right of control over additional discharges to the public sewer that has a way leave through his property. In any case the possibility cannot be ruled out that such control if it exists could be the subject of negotiation. It is not an issue in my opinion of such weight as to affect the determination of the appeal”.
For these reasons the proposals would be appropriate in these locations and therefore my recommendation is for an approval.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
Recommended Decision: Permitted
Date of Recommendation: 11.04.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted documents and drawings 06 0040/3, 06 0040/1/A, 06 0040/2, 101, 201 REV 0, 200 REV A and 202 REV A all received on 31st October 2006 and 13th March 2007.
N 1. 2 For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning Projects Section, tel: 695958.
N 2. The is advised Applicant to consult with the Fire Safety Department re layout of roadways and water supplies.
N 3. The applicant is advised to consult Disability Access Office with regard to the needs of disabled users within the site.
N 4. The Department of Transport Drainage Division have recommended the following:-
All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers For Adoption" and all necessary inspections/surveys (including CCTV) are to be carried out at the developer's expense.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 11/4/07
Signed : M. I. McCauley Director of Planning and Building Control
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