28 September 2022 · Committee
Balthane Cottage, Station Road, Ballasalla, Isle Of Man, IM9 2dj
The proposal involved enlarging the existing Balthane Junction, which connects Douglas Road (A5) to the south, Balthane Road serving the industrial estate, and Station Road to the north and west. Works included a wider junction layout, new pedestrian crossings, and a footpath and highway link to the Ballasalla bypass. The site currently has a tarmacked carriageway with a painted roundabout and sits adjacent to a small number of residential properties, including four pairs of unoccupied semi-detached dwellings within the application boundary. The scheme was assessed against a range of transport and general development policies in the Isle of Man Strategic Plan 2016, covering highway safety, connections for all users, and environmental objectives. The officer concluded the alterations would not harm neighbouring properties and would comply with relevant planning policies.
The Planning Committee approved the application because the junction widening and pedestrian crossing improvements were designed in accordance with Isle of Man transport policies covering highway safety, connections for all users, and highway improvements. The officer concluded the development would not harm the use and enjoyment of neighbouring properties.
General Development Considerations
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
linking to existing highways for all users
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
Transport Policy 2: The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems. 11.2.5 The Island is fortunate to have an historic vintage rail network, which includes the Isle of Man Steam Railway, the Manx Electric Railway, the Snaefell Mountain Railway, the Groudle Glen Railway and the horse trams which run along Douglas Promenade. Development on or around the rail network should not compromise its attraction as a tourism and leisure facility or the potential for increased use as a public transport system, for examp le as a means of travelling to work. 11.2.6 In addition to the present rail network there exist former railway routes, most notably between Douglas and Peel and from Peel to Ramsey. These trackbeds are predominantly utilised as public footpaths and in som e cases as cycleways as well. A number have been designated utility service corridors which may affect their potential as public transport routes. They should be protected from development which would diminish their attraction or potential as public transport routes.
protection of exiting rail routes for tourism and leisure
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. 11.3 Highways and Traffic 11.3.1 The ability of new and existing highways to safely and efficiently accommodate the traffic generated by new development is an important factor when considering the location and layout of new development. Not only must the tr affic routes involved be of a size which is capable of taking the projected volume of traffic but they must also be designed so that points of potential traffic conflict such as junctions and roundabouts are in an appropriate location and of a suitable des ign, including provision for pedestrians. The need for new and improved highways in order to facilitate new development must be balanced against the environmental objectives of this plan.
Highway Safety
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
Transport Policy 4: The new and existing highways which serve any n ew 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. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Highway improvements and environmental objectives
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
Transport Policy 5: Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan. In the preparation of the Area Plans consideration will be given to the identification of suitable sites for commercial vehicle parking. 11.4 Pedestrians 11.4.1 Walking is also an important means of travel in its own right or as part of most journeys. All pedestrians need safe and convenient means of crossing and passing along roads. Alternatively provision should be made for walking journeys separated from general traffic.
Equal weight for vehicles and pedestrians
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users. 11.5. Car Parking 11.5.1 The level of car parking provided in new development is critical to creating more sustainable development. Too little and the traffic generated can create problems on adjacent streets. Too much can increase congestion and delay public transport. The problem is most severe in existing settlements and at its worst in the Douglas area. 11.5.2 In respect of town centre office development, it has been the Department's usual practice to require the provision of one parking space per 50sq metres of nett office floor space, such parking spaces to be provided preferably on site but otherwise conveniently close to the site. The standard of 1 space per 50sq metres is based on: 1/3 staff walking or cycling: 1/3 travelling by public transport and 1/3 by private car. This provision is very often rather less than the demand created by the development. In the case of office developments outside of the town centre, the requirement is usually one parking space per 15sq metres of nett office floor space, a ratio which reflects more accurately the actual demand for parking space arising from the office use. The Douglas Local Plan did in fact invite consideration of other options whereby either the requirement should be increased such as to meet fully the demand for parking space, or the requirement should be reduced so that, with proper enforcement of on-street parking restrictions, fewer workers would come into town by car. 11.5.3 The long term target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans including improved public transport, staff buses, shared and pooled cars, cycling and walking. Consideration should be given to the provision of cycle parking for staff and customers in non -residential development and to the provision of secure cycle stores in apartments. In the shorter term, the Department proposes the following general policy in respect of parking provision.
Need for transport assessments
designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8
Transport Policy 8: The Department will require all applications for major development to be accompanied by a Transport Assessment. 11.6 Airports and Airfields 11.6.1 Whilst it is acknowledged that airport development in general will be necessary in order to serve the economic and recreational needs of the Island, such need should be balanced against the environmental consequences that development may have, in particular visual, traffic, and noise impacts. 11.6.2 The aim of the Department of Transport Airports Division is "to ensure that sufficient operating capacity is provided to meet present and anticipated demand, so that the travelling public have the facilities and service they require." The Ronaldsway Airport Master Plan published by the Department of Transport in April 2000 anticipates that the Airp ort will require increasing levels of space in order to satisfy a projected Island economic growth rate of 4% p.a. and to operate efficiently in the future. The Master Plan indicates that space is likely to be required for uses such as hangar/engineering development, apron extension, and car parking. In 2006, planning permission was granted for Runway End Safety Areas (RESA)/runway extension and, at the time of writing, was the subject of an appeal. The Department of Transport updated the Airport Master Pl an in 2006. This indicates that any new or extended facilities required by growth in air traffic and/or passenger numbers for the low and high forecasts including in the Master Plan can be accommodated within the existing perimeter of the airport. Accord ingly, while the Spatial Strategy identifies the Gateway role of the Airport there do not appear to be any strategic land use implications from the Master Plan. The recent announcement by the Department of Transport to provide a by-pass to the East of Bal lasalla will resolve current problems within the village; improve access to the Airport from Douglas; and address any traffic generated by growth in the use of the airport. 11.6.3 The operation of the Airport in a safe and efficient manner also depends u pon the safeguarding of approach and departure routes to ensure that new development does not represent an undue risk to air travellers or those on the ground. Policies and guidance in respect of the location, size, and form of new development in the vicin ity of Ronaldsway Airport should be included in the area plan covering Castletown and Malew. Associated with the principal Runway 08, extending south -west over Castletown is the Public Safety Zone (PSZ). While the area covered by the PSZ has been reduced twice in the past 20 years in response to increased aviation safety it remains the case that this is the area within which there is statistically a higher risk of an aircraft accident. It is therefore proper practice that, within the PSZ, planning permiss ion should not be granted for any development proposal which is likely to increase significantly the number of persons residing, working, or congregating within the zone. The DoT (Airports Division) should be consulted in relation to development in this ar ea. This area will be incorporated into the new Area Plan for the South. 11.6.4 Jurby Airfield is vested in the Department of Transport but is not licensed, with responsibility for the co -ordination of all activities - whether or not aviation -related - delegated to the Department of Tourism and Leisure. Whilst aviation activity at the airfield is generally limited (1) Transport Assessment is defined in Appendix 1 to lightweight aircraft and occasional military and display uses and there is no current plan to develop Jurby Airfield for other aviation purpo ses, it is the Department of Transport's policy to continue to safeguard the main runway for future emergency and general aviation use only. Andreas Airfield is private and unregistered. It is used for general aviation and by a flying club and as an emer gency landing strip when Ronaldsway is fogbound. Future growth of aviation may require other aviation sites. Should this prove to be the case they will need to be assessed against the environmental policies of the Plan. Any other airfields on the Island are privately owned and unlicensed, and whilst they may not be subject to formal safeguarding requirements the impact of new development on the use of such facilities should be carefully considered.
Protection of the landscape and biodiversity
pertinent in the assessment of this application
Design and visual impact
pertinent in the assessment of this application
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Sustainable transport
pertinent in the assessment of this application
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement (1) Business Park is defined in Appendix 1 4.6 Social 4.6.1 The provision of an adequate supply of housing to meet the needs of the wider community is essential; this is in addition to the need to replace existing substandard or poor quality dwellings. Therefore;
Spatial Policy 3 Identifies those Service Villages (Ballasalla)
pertinent in the assessment of this application
Protection and enhancement of principal gateways (Airport and harbours)
pertinent in the assessment of this application
Strategic Policy 6: Major employment -generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans. 4.4.2 To maintain a healthy and diverse economy, there needs to be sufficient land available for industrial, office and retail purposes. Accordingly:
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved site plan (OTP-100322 by Manx Roots) in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete. Within the Construction Exclusion Zone implemented in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.
Condition 3
No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.