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Application No.: 22/00567/B Applicant: Department Of Infrastructure Proposal: Installation of larger junction and pedestrian crossings and the creation of a highway and footpath with associated works. Site Address: Balthane Junction Douglas Road Ballasalla Isle Of Man IM9 2DJ Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 09.09.2022
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: to ensure that all trees to be retained are protected from development during construction.
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.
Reason: to ensure that the development is appropriately landscaped to sit comfortably and acceptably in its location.
This application has been recommended for approval for the following reason.
The proposed widening of the existing Junction and pedestrian crossing with footpath and link to the bypass has been designed in accordance with the General Policy 2 and Transport Policy 2, 3, 4, 5, 6 and 8 and is recommended for approval.
Plans/Drawings/Information;
This decision relates to drawings and supporting information submitted on the 5 May 2022, referenced;
Wyllie: Lodge' Stage 1 and 2 Road safety Audit report Systra Technical Report Systra Junction Options Report Systra Designers response to road safety audit stage 2
Amended plans and reports received on 16/08/22 referenced;
Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Wayside Cottage, Station Road Ballasalla
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is the highway and land either side, known as Balthane Junction which connects Douglas road (A5) which feeds from the south, Balthane Road which serves the Industrial estate and Stations road which feeds in from the north and west. - 1.2 The carriage way is predominately tarmacked with a road marking at the end of each of the road and a painted roundabout. There are a small number of residential properties along the road, with the majority of residential areas towards Ballasalla village. Within the application site are 4 pairs of semi-detached dwellings, which are currently not occupied and empty and owner by the local commissioners.
2.0 THE PROPOSAL - 2.1 The existing junction is proposed to be redeveloped to form a larger (wider) junction capable of accepting an improved flow of traffic and to also link in with the new bypass route as part of the residential estate being built. - 2.2 The applicant notes the works will; "This will improve the safety and performance of the junction, including widening of footways and new crossings. Cycling and walking facilities will link in with the shared use route through the new development. Whilst most of the changes are within the footprint of the existing highway there are additional areas required to construct the junction". When complete this bypass will reroute the A5 out of Ballasalla village centre. - 2.3 Part of the proposal would see the demolition of the 4 pairs of semi-detached buildings to allow for the connection to the new Bypass road and landscaped accordingly the sides of the new route. - 2.4 Part of the proposal would affect a number of trees as noted in the Arboricultural Impact Assessment which has identified the requirement to remove; 2no category B trees, (Sycamores) 9no category C trees, (Holly Sycamore) 1no category C tree group (Plum) in order to facilitate the proposed development. 5no category U trees (Ash, Sycamore) have been recommended for removal irrespective of the development proposal due to their poor structural or physiological health.
2.4 To facilitate this change the demolition of the unoccupied Commissioners houses to the east is required, and in addition a small proportion of land take to the North West (grassed area with trees). - 2.5 The application is accompanied with a planning statement that highlights the general need for why the improvements are needed, the relevant policy considerations and design standards on the IoM and how the Technical aspects of the sites parameters have evolved the design to the proposal now submitted and an overall summary. - 2.6 Prior to submission, the roundabout and its design went through two public consultations, and additional consultation with affected parties in the vicinity. This has helped influence the design of the proposed scheme so those works would seek to comply with the relevant planning policies, design guides and best practice guidance.
2.6 In addition are a number of comprehensive reports and diagrams concerning the existing trees on site and their biodiversity and mitigation measures contained within;
2.8 The applicant has engaged specialist reports on the design and highway safety analysis as below;
2.9 The applicant concludes that this proposal and its design will; "strengthen the Island's connectivity and provide opportunities for improvement of Ballasalla village in the future to enhance the sense of place and restore the focus on amenity and historical character. The delivery of the junction will therefore achieve one of the Island's long term strategic objectives of improving connectivity to the airport and south".
3.1 The application site is identified on the Area Plan for the South as 'residential' and designated for development on Map 4 - Ballasalla. The site is not within a Conservation Area but is identified as being within an area of Surface Water flood risk. - 3.2 Within the written statement for the Area plan for the South within Section 7 (Transport, Infrastructure and Utilities) the general need and requirement for the by-pass and a new road junction at Balthane Round-a-bout is referred to in detail and the pertinent paragraphs are listed below in full to provide clarity and context;
improve access to, and the accessibility of, the Balthane Industrial Estate. The Department
considers that the access to the existing Estate is below current standards and in particular there should be a second point of access as a safety precaution and in the event of repairs being required. A link road off the By-pass road could provide this. There is also the potential for a further access road to Balthane from the northerly roundabout on the Douglas Road".
3.3 Transport Proposal 1: Provision shall be made for the construction of the Ballasalla By-pass to the east of Ballasalla and as part of the development of Site 3 as shown on the Ballasalla Inset Map (Map 4). Any applications which will prejudice the future development or construction of the By-pass will not be supported. - 3.4 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy
10 Sustainable transport Spatial Policy 3 Identifies those Service Villages (Ballasalla)
General Policy 2 General Development Considerations
Transport Policy
4.1 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line. Approved. - 5.0 REPRESENTATIONS (in brief)
5.1 Malew Parish Commissioners commented (08/06/22) with no objection.
5.2 DoI - Highways (Development Control) commented (27/05/22) & (18.08.22) do not object and comment; "The proposal raises no significant issues for road safety or network functionality with enhancements expected for all users after construction and allows appropriate connection to and from the Ballasalla bypass, the residential development proposed and under construction by Dandara, and by accommodating all turning movements and suitable cyclist and pedestrian facilities". Highways Services deem the proposal is acceptable. - 5.3 DEFA Biodiversity (31.05.22) object and comment on the loss of the trees and its inherent biodiversity for their potential for breeding and nesting birds and bats; seek ecological mitigation measures; a low level lighting so as not to disrupt bats; concerns that bats may be in the dwellings proposed to be demolished. - 5.4 DEFA Forestry (09/09/22) object on the loss of the 2 Category B trees given their categorisation, specimen, size and loss of tree canopy. As there is no replanting schedule to mitigate their loss, they do however suggest two planning condition for landscaping proposals and for protective fencing if the application is approved. - 5.5 Wayside Cottage Ballasalla commented 21/06/2; prefers this option of a round a bout to traffic lights; believes a smaller round-about like the one at the Whitestone would be more in keeping and would be adequate; the steps adjacent to the level crossing on the south side could be removed and a shallower ramp installed; not in favour of a pedestrian crossing controlled by lights and will foul the roundabout. They claim I.P.S by the impact of the construction and traffic tail backs, they area immediately adjacent to the railway line crossing and 100 yards from the round a about.
6.1 The broad principle of this proposal to construct the Ballasalla By-pass and a re-design of this junction is intrinsic to the Area Plan for the South, which is also within a defined village of Ballasalla and as noted in para 3.2 of this report would meet the objectives of Transport Policy 1 of the Area Plan. The proposal would also link into the previously approved application for the Bypass under PA 19/00137/B. As such the general principle to re-develop this junction to accommodate the bypass is acceptable. Visual Impact
6.2 The visual aspect here would be very different to the existing appearance and with the loss of the dwelling houses (unobjectionable) and trees to accommodate the Bypass will change the appearance of this junction from how it currently appears and operates. The appearance is more borne from a number of road safety audits, transport assessments where the design has gone through a number of permeations that can successfully accommodate vehicle and pedestrian users in a safe and appropriate manner. The technical details have been fully assessed and incorporated into this design which has been publically consulted on and concluded that this proposal is the preferred option balancing safety, performance, cost and risk. - 6.3 Whilst its appearance will be different, what is proposed will be different in its operation and would be appropriate for this part of the village from a visual perspective and from a highway users legibility aspect too. It is important to note the connectivity of the footpaths and access to the railway station and bus stops will not be detrimentally affected by this proposal and in any case will be enhanced by this scheme to offer wider paths and to ensure they are accessible for all users through a level surface. - 6.4 As such, the amenity of this proposal would visually reflect the use and would be an acceptable design for this part of the village and will strengthen the Island's connectivity and provide opportunities for improvement of Ballasalla village in the future to enhance the sense
of place and restore the focus on amenity and historical character. Any visual shortcomings would be outweighed by the practicality of a revised junction and bypass link and is judges to be acceptable in accordance with the General and Transport Policies.
Trees and bio-diversity
6.5 The proposal has identified 21 trees and 1 tree group in the vicinity of the works. Of those there are 13 trees to be removed; 8 x Ash Trees - some with signs of disease); 1 x Horse Chestnut tree; 3 x Sycamore trees; and 1 x Plum tree group of 12no. Whilst their loss is unfortunate given their close proximity to the proposed road widening works, it is noted that whilst Forestry only object to the loss of the two Category B Trees, both Sycamores. - 6.6 A balance has to be struck on the benefit of the proposal and the bypass offset against the loss of the existing trees and tree group. Some comfort is taken in the remainder of the trees are made up of Ash which some are noted as showing signs of Ash Die back and the remainder are Sycamores. Whist the visual impact from the loss of the trees will be noticeable if comparing the two, given the redesign of this entire junction their loss would not be as apparent. - 6.7 Within the AiA, the agent notes in para 4.4.1; "replacing the removed trees with suitable replanting will help mitigate the visual impact and, once established, could provide greater visual amenity than currently exists". - 6.8 It is noted that the Forestry Department have suggested two conditions to ensure those existing trees identified to be retained are suitable protected by appropriate fencing and that a landscaping proposal is submitted to offset and tree loss through planting mitigation that notes the size and species and specification for planting and after care. On balance whilst the loss of trees is always unfortunate, in this instance, the benefit of the proposal outweighs the loss of trees and their canopy to achieve the strategic aims of this proposal and can be mitigated through appropriately worded conditions. - 6.9 In terms of the comments from Biodiversity and presence of bats, it is noted the applicants commissioned a report from the Manx Wildlife Trusts, where they conclude that mitigation measures can be included that seek landscaping with Manx Native Wood species of equally the same canopy size and the provision for artificial nesting areas for birds and four artificial roost boxes for bats and creating verges in grasses and UK wildflowers. - 6.10 To address the above, the applicants submitted a revised drawing POO3/A and covering letter 09/08/22 that confirms, that on the demolition of the properties, MWT found no evidence of bats within the buildings, ecological mitigation measures will now include wildflower grass verges and tree planting areas to the east of the round a bout and the tree removal to take place outside of the bird nesting season. In terms of Bats, they confirm a roost inspection will be carried out prior to any works on the trees and street lighting will be designed and maintained by Malew Commissioners under the permitted development order 2012 by the applicant. These aspects are deemed to be acceptable and the amended drawing P003/A conditioned to ensure implementation. Highway Safety - 6.11 The objective of a Road Safety Audit (RSA) is to identify any aspects of a road design or construction scheme that could give rise to road safety concerns and, where possible, to suggest modifications that would improve the road safety of the resultant scheme. The comments from 'Wayside Cottage' are taken into account but as noted above, the proposed design would ensure compliance with modern highway standards (Manual for Manx Roads) and the roundabout will provide an efficient and safe junction for all users, and enhance the pedestrian and cyclist facilities. The junction will also cater for the A5 to be upgraded to a more consistent route in keeping with its role as a Primary Distributor from the airport and connectivity from the north and south.
6.12 The comments from the Highways Development Control (who sit separately from the applicants in DoI) are heavily relied upon for their technical assessment on the detailed engineers design reports, road safety audits and quantum data as noted in para 2.8 of this report. Whist the comments from Wayside Cottage on the preference of round a bout size and pedestrian crossing have been noted, greater weight is given to those transport professionals. - 6.13 Highways Development Management have considered the merits of the revised junction dimensions and four arms access arrangement to accommodate the Bypass highway noting visibility splays and safety for all users of the highway and footpaths. As the transport professionals their comments are heavily relied upon and their comments are noted as not objecting to this application and conclude their comments as noted in para 5.2 of this report. - 6.14 Having considered the highways safety aspect and the use of the proposed junction in a safe and appropriate manner, it would not be considered to have any adverse impact on the wider existing highway or upon those users entering and exiting the junction. As such the proposal would be considered to align with the principles of Gp2 h&I and TP2,3,4,5,6,8 and the relevant design guides (MfMR) and best practice guidance.
7.1 For the above reasons, it is concluded that the alterations would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 26.09.2022
Signed : J SINGLETON
Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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