2 June 2011 · Council of Ministers
Highway Improvements, Gardeners Lane, Ramsey, Isle Of Man, IM8 2pp
Heritage Homes Ltd sought permission to widen the single carriageway section of Gardeners Lane north of a former railway line, creating a 5.5m wide road narrowing to 3.5m at the railway crossing with traffic calming features, terminating at a roundabout for access to an approved EMI nursing home and up to 100 dwellings…
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The inspector concluded the proposed single carriageway, as first stage towards dual carriageway, met Manx Roads and Design Bulletin 32 standards for a local access road serving up to 100 dwellings pl…
General Policy 2
Requires development in zoning to respect surroundings, not adversely affect landscape character, incorporate trees/sod banks where possible, provide safe access without unacceptable road safety/traffic impact. Assessed compliant for highway as local access matching limited development; tree loss accepted as 'where possible' not absolute, mitigable by landscaping not prejudicing future dual carriageway.
Ramsey Local Plan Policy R/R/P2: Specific Area Development Briefs (Ormly Hall)
Ramsey Local Plan brief for Lezayre Road/Gardeners Lane area E examines Sulby River crossing feasibility; proposal aligns as access to zoned residential/industrial.
West Ramsey Development Framework Highways 13.3
Requires Gardeners Lane improvement retaining roadside trees in central reservation where possible; north rural character retained. 20 trees removal justified by necessity (land constraints), minimal value; replacement planting behind splays.
West Ramsey Development Framework Nature Conservation 11.2.1
Presumption to retain/protect trees, with surveys; inadequate initial survey noted, but hawthorns healthy/minimal value per Forestry, loss acceptable with replacement.
Transport Policy 4
New/existing highways to accommodate development traffic safely/environmentally; narrowing with calming meets standards for local road serving limited dwellings.
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 widening of highway and creation of priority junction at existing section of single carriageway (alternative to dual carriageway previously approved under PA's 03/00790, 03/01846, 10/00392) as proposed in the submitted documents and drawings gl1.02 REV 2 and 10/137/TR/005 all received on 15th November 2010 and 24th January 2011.
Landscaping scheme
No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the soft landscaping shall include additional planting along the east side of Gardeners Lane. The landscaping should ensure that such planting shall be carried out in the first planting and seeding season following the first occupation of the EMI unit or any additional dwelling. Any trees and shrubs which within 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Planning Authority gives written consent to any variation.
reasonable interim design solution due to land ownership issues; adequate capacity for 100 dwellings/EMI; tree loss mitigable by condition; no prejudice to dual carriageway
acceptable as local access road per Access Statement; justifies design per policies and guidance
20 hawthorn trees minimal aesthetic value; removal unlikely to have detrimental effect if necessary
no objection if tree/hedge works outside bird breeding season; native replacement planting
no objection subject to contact for cables safety
The original application for highway widening and priority junction creation was refused due to concerns over highway capacity, safety, tree loss contrary to policy, and inconsistency with West Ramsey Development Framework. The appellant argued it provided suitable interim access for approved EMI nursing home and limited dwellings without prejudicing future dual carriageway, supported by highways evidence. The inspector found the proposal safe, capacious for intended scale, and tree loss mitigable with landscaping, not contrary to policy. Permission was granted subject to standard time limit, drawing specification, and landscaping condition.
Precedent Value
Appeals can succeed with robust highways justification for interim infrastructure alternatives due to land constraints, even with tree loss if 'where possible' and mitigable. Emphasise policy flexibility and no prejudice to frameworks; secure statutory consultee support.
Inspector: David Ward BSc(Hons) MICE FCIHT
