4 September 2018 · Planning Committee
Land Adjacent To Ballacraine Cottages, Access To Smithy House From Peel Road, Ballacraine, St Johns, Isle Of Man, IM4 3lr
The proposal sought approval in principle for erecting two dwellings on a sloping, overgrown site with trees along the A1 main road in St Johns, including a new vehicular access with visibility splays of 2.4m by 70m.
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The officer concluded that visibility splays of 2.4m by 70m could not be guaranteed due to frequent parking near 2 Ballacraine Cottages and adjacent properties, rendering the access unsafe and contrar…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale (b), not adversely affect landscape/townscape character (c), incorporate existing trees/topography (f), provide safe access (h), and not harm road safety/traffic (i). Officer assessed proposal fails due to unsafe access visibility obstructed by parking, tree loss harming green streetscene backdrop, and elm survival risks from level raising within root/canopy areas.
Environment Policy 4
Protects ecology including protected species like bats under Wildlife Act 1990. Officer found tree removal and elm risks would significantly impact bat foraging/roosting habitat in known bat area, with future occupant pressure likely to remove elm.
Highway Services opposes due to inadequate and incorrectly shown visibility splays and concerns over speed survey validity; DEFA Biodiversity requests tree retention condition; German Parish Commissioners object on zoning, ribbon development, and traffic congestion grounds.
Key concern: inadequate and incorrectly positioned visibility splays (2.4m x 70m offset 1.05m)
Department of Infrastructure Highway Services
ObjectionHighway Services opposes the application as 2.4m x 70m visibility splays have not been shown correctly on the site plan, and there is highway concern about the accuracy and validity of the speed survey undertaken by the applicant; This is unacceptable and unsafe as it would prevent motorists exiting the proposed site access from viewing cyclists and motorcyclists which would be fully or mostly outside the visibility splay areas
DEFA Ecosystem Policy Officer
Conditional No ObjectionThe site contains a large number of trees in an areas that is known to have bats. Of particular significance is the large mature elm on site which has great bat roost potential.; If this application were to be approved we would like to see a condition that this tree will be retained permanently and will not be reduced or removed.
Conditions requested: condition that this tree will be retained permanently and will not be reduced or removed
German Parish Commissioners
ObjectionMy Commissioners object to this application on the grounds that the land is not zoned for development and this application represents ribbon development in an already congested area close to the traffic lights at Ballacraine.
The original application 18/00758/A for approval in principle for erection of two dwellings with new vehicular access was refused by the Department of Environment, Food and Agriculture for reasons relating to inadequate visibility splays and highway safety under GP2(h)(i) and TP4, loss of trees and bat habitat under GP2(b)(c)(f) and EP4, and risk to the retained registered elm tree. The appellant argued changed circumstances including the 2016 Manual for Manx Roads allowing MfS2 standards, adequate visibility splays, low-value trees except the elm which could be protected, and no significant bat roost. The inspector found the site outside urban area requiring DMRB 70m splays not adequately demonstrated due to offsets and parking risks, and unacceptable tree loss including risk to the registered elm and potential bat foraging habitat. The appeal was dismissed by Mr M Perkins MHK on 13 February 2019, upholding the refusal.
Precedent Value
This appeal demonstrates that DMRB visibility standards strictly apply on Primary Routes outside urban areas regardless of MfMR/MfS2, with offsets >0.5m and parking risks fatal; future applicants must provide robust speed surveys (≥200 vehicles/direction, non-peak/non-holiday) and realistic splay demonstrations to kerb edge, plus compelling evidence of no tree/habitat harm even for AIP where access is determined now.
Inspector: Michael Hurley Ba DipTP
