7 May 2020 · Planning Committee
Field 312711, Main Road, St Johns, Isle Of Man, IM4 3na
The proposal seeks permission to create a new vehicular access directly onto the A1 Peel Road for a field currently used as a commercial nursery, including 2m wide pedestrian footpaths on both sides, a new 600mm high Manx stone boundary wall set back 2m from the highway, and recessed double gates.
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The officer considered there was a genuine need for the new access as the existing shared track has extremely poor visibility, making it hazardous, and the proposal provides safe access designed to Ma…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not harm landscape/townscape/amenity/highway safety/pedestrians, and incorporate landscape features like trees. Officer assessed proposal complies via recessed design, traditional wall, tree replanting, visibility splays and footpaths improving safety without major harm to character.
Environment Policy 35
Permits only development preserving/enhancing conservation area character. Officer found minimal harm as wall mirrors existing, gates concealed by recession/level, green screen preserved, improving poor boundary in proposed St John's Conservation Area.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Gives equal weight to pedestrians in new development/transport design. Proposal enhances pedestrian safety with segregated elevated walkways and dropped kerbs.
presumes against any development which would adversely affect the southerly open countryside views from Peel Road
No new development adversely affecting southerly open countryside views from Peel Road in open space zoning. Access deemed not to adversely affect views, in keeping with locality.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Tree replacement scheme
Prior to the commencement of the development hereby approved, the details (including timings) of the Tree replacement scheme for the affected trees and details (including timings) of any remedial works to trees that are to be retained on site shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved details of any replanting and remedial works. Reason: To safeguard the appearance of the development and the surrounding area.
no objection; trees damaging wall and licence likely regardless, may require replanting
Do not oppose after amendments addressing visibility, kerbs, adoption and construction
Highways initially objected due to visibility, pedestrian access, adoption status, and construction details but later changed to no objection after revisions; Arboricultural Officer had no objection; German Parish Commissioners objected on grounds of unnecessary access, tree removal, and visual impact.
Key concern: highways safety due to inadequate visibility splays
Department of Infrastructure Highways Division
ObjectionA speed survey is required in order to understand whether the access is safe; Drop kerbs are also required along the kerb radii within the bell mouth; Refusal is recommended
Department of Infrastructure Highways Division
No ObjectionInformation has now been provided that indicate that the proposed visibility splays of 2.4m x 60m would be adequate; Informative: The applicant needs to enter into a Section 109A Highway Agreement; Recommendation: DNO
Department of Infrastructure Highways Division
No ObjectionDo not oppose; DNO on 17 Feb; Informative: The applicant needs to enter into a Section 109A Highway Agreement
Arboricultural Officer, DEFA
No ObjectionI can confirm that I do not object to this planning application
German Parish Commissioners
ObjectionMy Commissioners object to this application on the following grounds; The Commissioners object to the removal of the trees on the roadside
German Parish Commissioners
ObjectionMy Commissioners remain in objection to this application
The original application by Creamo Ltd for a new access to Field 312862, Main Road, St Johns (previously a commercial nursery) was approved by the Planning Committee on 5 May 2020 after deferral for justification of need due to hazardous existing shared access. German Parish Commissioners appealed the approval on 26 May 2020, arguing no need for elaborate access, existing accesses suffice, tree loss harmful, no footpath needed, and fears of industrialisation. The inspector's report (written representations, site visit 10 August 2020) found the new access provides safer visibility than the hazardous existing track, tree loss acceptable with replacement condition, and benefits outweigh harm to character. The inspector recommended dismissing the appeal on 25 August 2020; the Minister concurred and upheld approval on 4 November 2020 subject to original conditions.
Precedent Value
This appeal shows third parties (parish commissioners) can appeal approvals but rarely succeed without strong evidence; applicants should prioritise highways safety data, consultee support, and justification tied to current use. Future appellants against access approvals must prove no functional need and significant policy conflict.
Inspector: Michael Hurley BA DipTP
