18 October 2011 · Planning Committee
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
The proposal involves laying out six residential plots, internal roads, sewers and a temporary construction access route from Station Road across Area 6 to Area 1 (Fields 312909 and 314758), as designated for residential development in the St Johns Local Plan.
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The site is designated for residential development in the St Johns Local Plan (Area 1 for up to 6 dwellings) subject to a Development Brief requiring a temporary construction access to avoid Balladoyn…
Strategic Policy 1
Requires optimising use of sites with efficient access, landscaping and infrastructure. Officer assessed proposal as efficient use of zoned land utilising existing services.
Strategic Policy 3 - To respect the character of our towns and villages
Protects village character avoiding coalescence using local materials. Layout retains boundary planting contributing to rural character.
Strategic Policy 4
Protects heritage, landscape, nature conservation. Adjacent proposed conservation area not harmed as zoning contemporaneous; archaeology conditioned.
Spatial Policy 5
New development in defined settlements. Site within St Johns Local Plan Areas 1 and 6.
General Policy 2
Permits zoned development respecting site/surroundings, amenity, highways, no prejudice to adjoining land. Key test GP2(k) passed as road allows access to omitted Area 1 portion; highways/amenity compliant.
Environment Policy 42
New development to reflect local character, no inappropriate backland or green space loss. Retains field boundaries; no open space removal.
Housing Policy 6
Zoned residential per Area Plan brief. Complies with St Johns brief for max 6 dwellings, single storey, precedes house applications.
Transport Policy 4
Highways to accommodate development safely. Highways no objection subject to conditions.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road, Fields 312909 and 314758, Land adjacent to Balladoyne, St Johns, German as shown by 0725/099 Rev A, 0725/100, 0725/102, 0725/103, 0725/104 and 0725/105 received 18th May 2011 and Bat Survey received 19th September 2011.
Single storey dwellings
All dwellings must be single storey (dormer accommodation will not be acceptable).
Construction access restriction
Construction traffic must only use the temporary access route, to be formed on land between Station Road and the site as shown by Drawing No 0725/099. Within one month of the completion of the development this temporary access must be removed and the land over which it passes must be restored in accordance with a plan to be approved by the Planning Authority. No construction traffic shall access the site by Balladoyne estate.
Archaeology
Manx National Heritage must be informed in writing of the commencement of works on site and be given access to inspect the site, observe excavations and investigate any archaeological features exposed.
Tree protection
All existing trees and hedges within the application site, with the exception of those to be removed or lowered along the northern boundary of the property "Rosshay" and those shown to be removed on Drawing No. 725/099, must be retained and afforded adequate protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.
Road completion pre-occupation
No dwelling shall be occupied until the road and parking areas have been completed in accordance with Drawing No. 0725/099.
Access opening post-restoration
No dwelling shall be occupied and the access from Balladoyne shall not be opened up until the temporary construction access has been removed and the land over which the construction access passes has been restored in accordance with Condition 4.
Future dwelling designs
The application(s) for dwellings must demonstrate a design and layout which overcomes the reasons for refusal relating to ridge height and orientation as set out in the refusal of 08/01842/B and 08/02117/B.
Balladoyne visibility splay
Prior to the occupation of any of the dwellings to be constructed on the site, the road widening on Balladoyne must be completed in accordance with Drawing No. 0725/099 and the boundary of "Rosshay" on the east side of the junction of Balladoyne and the A1 Peel Road must be altered to provide a visibility splay of 2m by 23m. This splay shall be kept and maintained clear of obstruction at a height of 1.05m.
Station Road visibility splays
Prior to the commencement of construction works, the visibility splays at the construction access road onto Station Road must be provided. This splay shall be kept and maintained clear of obstruction at a height of 1.05m.
meets relevant highway standards in terms of road design, access and parking; proposed construction access onto Station Road is acceptable subject to conditions on visibility splays and road widening
no objection following tree and bat surveys
no objection
Precedent Value
This appeal tests whether planning permission can be granted despite unresolved land ownership/control disputes over access routes, particularly where Highways Division accepts technical standards and conditions prevent amenity harm to existing estates. Future applicants should secure evidence of access control but note that legal matters may be deemed non-material.
