DOI Highways Development Control Appeal Statement

Planning Appeal Response

Date of Response: 23 Jan 2025 Date of Application: 21 Nov 2023 Date Appeal Lodged: 10 Jan 2025 Appeal Reference: AP24/0055 Application Reference: 23/01345/A Location Address: 60 Victoria Road Douglas Isle Of Man IM2 4HQ Description: Approval in principle for the construction of new housing Highways Comments:

1. Preamble

1.1 The Highway Services Development Control’s consultation responses, Planning case officer’s report and the information forming the submission by the Applicants provide explanations and evaluations of the proposal, including review of indicative Layout Plans and the supporting information. The documents provided identify indicative arrangements only, however the submission could not satisfy the highways concerns raised at this stage from the development location.
2. Appeal Site

2.1 The Appeal site comprises land southeast of No.60 Victoria Road, Douglas, Isle of Man.

3 Reasons for Refusal

3.1 There were three reasons for refusal cited in the planning case officer decision notice dated 11th December 2024. Of those reasons, reason 3 refers to the area of highway concern:

3.2 ‘3. The application fails to demonstrate how the principle of a safe vehicular access can be designed to serve the proposed residential use of the site by four dwellinghouses. The development would lead to an intensification in the use of a substandard access with visibility restricted at the junction with the public highway such that the safety of road users would be harmed should the development proceed. The proposal therefore fails to comply with General Policy 2 (h) (i) and Transport Policy 4, 7 of the Strategic Plan and would result in an unacceptable harmful impact upon highway safety.’
4. Policy and Guidance

4.1 The following are applicable: 2016 Strategic Plan:

Strategic Policy 10 states:

New development should be located and designed such as to promote a more integrated transport network with the aim to:

(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways; Transport Policy 4 indicates that:

The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.

2021 Manual for Manx Roads (MfMR): This document provides details on the highway related standards, design criteria and information requirements applicable for applications of developments relative to the road network hierarchy. Parking and turning are required to be contained within the site with a layout provided, enabling dimensions to be determined or specified.

5. Issues:

5.1 Highway Services Development Control provided a formal response to the submitted planning application highway related matters, in relation to access from the highway and vehicular and pedestrian access to the development site. This response is provided in the appendices.

5.2 The application was submitted for approval in principle, with all matters reserved. While the means of access was not sought for approval in this submission, by way of being reserved, there is a need to establish in principle whether safe access can be designed for the development site in subsequent applications. As a minimum, Highways Development Control would like to establish what level of visibility could likely be achieved from the indicative access location, and if constraints of boundary locations would restrict width or movement to/from the access location.
5.3 While noted as items for further consideration in the Highways Development Control response appended, all internal arrangements and details were not requested to be provided at this stage and left for further reserved matters application. The application detail submitted failed to provide the requested information that would satisfy the highway safety concerns, adding to the reasons for refusal.

6. Responses to Applicants Appeal Statement:

6.1 In the Applicants Appeal Statement dated 19th Dec 24 the highways reason for refusal was addressed withthe following:

6.2 ‘The means of access and all the detailed items were excluded from the application, The layout submitted is also indicative only.

To prepare a full access scheme with the application, a transport assessment and road safety assessment would be required at considerable expense, hence the omission of access on the application form.

Access was excluded from the application albeit that an indicative scheme was shown which demonstrated that vehicles could traverse the access lane without impacting on the existing properties.

There is an existing garage at the entrance that could also be utilised for vehicles. This demonstrates that the lane access is already utilised by vehicles onto the site. The application in principle would allow a much more detailed design to be undertaken to address any concerns that have been raised. The application was not for 4 dwelling houses as the layout was indicative only.’

6.3 While Highways note that a lot of the detail of the application was indicative only, and no reserved matters were sought for approval, as stated in 5.2 above there is a responsibility to demonstrate that the principle of safe access can be achieved at this stage of application. Full access arrangement detail would not necessarily be required, however indication of visibility distances and access lane dimensions could establish that further detailed design would be able to provide a satisfactory arrangement within the existing site boundary confines.
6.4 Upon review, Highways Development Control agree with the applicant that the submission of transport assessments or the requested Stage 1 Road Safety Audit would add little benefit to the application at this stage. Without detail on access arrangement, audit recommendations would likely be responded with ‘to be addressed at next design stage’. Submission of such matters can be reserved for subsequent applications.

7. Conclusion:

7.1 In this circumstance, Highway Services’ Development Control considered that the application was not in accordance with various Isle of Man Government policies and principles and therefore oppose the application. The following appendices provides the background to Highway Services’ Development Control position on the application in regard to formal responses submitted, and the progression of the application on highway grounds. While all matters were reserved for future application, including means of access, there is still a requirement to show that the site selected is capable of providing a safe access within the confines of the existing site boundary.

Appendix A – Formal Highway Services Development Control’s response to application

HIGHWAYS DEVELOPMENT CONTROL Planning Application Response

Email: [email protected] Officer: AD

Date of Response: 05/12/2023 Date of Application: 16/11/2023 Application Reference: 23/01345/A Location / Address: 60 Victoria Road Douglas Isle Of Man IM2 4HQ Description: Approval in principle for the construction of new housing Highways Comments:

The application is seeking approval in principle for the creation of four dwellings and associated access off Victoria Road. The application form and cover letter have stated that only approval in principle for the general creation of the dwellings is sought at this stage, with all other matters including means of access reserved for full detailed application. However even at this stage, in order for Highways to accept approval in principle for the application, it will need to be shown that safe access and egress can be achieved.

Access is to be taken off Victoria Road via an existing vehicular access. Despite using an existing vehicular access, the development will bring substantial intensification of use. It will need to be demonstrated that a suitable visibility distance can be taken achieved from the access location. Visibility should be provided from a 2.4m setback distance from the centre of the access, taken to the nearside kerbline in both directions.

Further details of the access arrangements are required. The redline boundary stops short of the apparent highway boundary, indicated that no alteration will be proposed. Improvement to the pedestrian footway and kerbline will be required in order to provide safer and more accessible movement across the new road junction. There may be a need to have a landing area on the development side prior to a vehicle crossing the footway, in order to prioritise pedestrian movement and ensure pedestrian visibility.

The creation of an additional four dwellings off an existing access will require a Road Safety Audit to be included in the submission of a full planning application.

Whilst means of access and internal arrangement details are not being sought for approval. Highways DC have the following comments to add:

Access The creation of four dwellings is below the threshold for Department of Infrastructure road adoption, therefore the road will remain private. A private residential road should be a minimum of 5m in width when accessed off a district road like Victoria Road. This width should be maintained for a minimum of 6m from the junction. Sufficient carriageway width for two-way traffic or single vehicle traffic with passing places must be provided. If the road is not proposed as shared surface, a separate 2m pedestrian corridor should be proposed.

Whilst again not considered at this stage, the applicant is advised that suitable drainage proposals will be necessary to prevent any surface water discharge onto the highway, or an unacceptable amount of discharge from the highway into the site. In addition, any existing highway drainage must be retained, or suitable proposal for alteration agreed with Highways Drainage.

Internal Swept path analysis has shown that a refuse vehicle can enter, turn and exit the site in a forward gear. Turning provision will also be suitable for personal vehicle use. The application has provided eleven vehicle parking spaces on site, exceed in the minimum requirement of two per dwelling, resulting in visitor parking inclusion. The applicant is advised that bicycle storage should be provided for each dwelling in a secure and covered area at a rate of one space per bedroom. Highway Services DC request the following to be provided in order to establish whether the proposed location of access is acceptable in principle:

- Visibility splays from a 2.4m setback to the nearside kerbline in both directions;
- Further details of the access arrangements at the new junction; and
- Stage 1 Road Safety Audit.

Recommendation: Request additional information / revisions. Code definition

DNO - Do not oppose DNOC - Do not oppose subject to condition NHI - No highways interest O – Oppose.

DOI Highways Development Control Appeal Statement

Source & Provenance