23 January 2012 · Delegated - Senior Planning Officer (Anthony Holmes)
Land To Rear Of Cooil Avenue And Adjacent To, Beachfield Farm Lane, Kirk Michael, Isle Of Man, IM6 1hb
The proposal was for approval in principle to erect one dwelling on a large rectangular field (approx 1.2ha) located northwest of Cooil Avenue and northeast of Beachfield Farm Lane in Kirk Michael, accessed via a narrow unadopted private road serving 12 properties.
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The officer accepted the basic principle of residential development as acceptable given the site's Predominantly Residential zoning in the Kirk Michael Local Plan and only a small western portion with…
General Policy 2
Requires development to provide safe/convenient access for all highway users (part i) and not adversely affect amenity of local residents (part g). Officer found principle acceptable in zoning but access failed safe highway test due to uncontrolled visibility; amenity concern from prior 3-dwelling scheme addressed by scale reduction.
Environmental Policy 9
Precautionary approach to erosion-risk land; no development where erosion likely during building lifetime. Only small western site portion in 'Jolliffe' line; ample space outside Coastline Management Act zone.
Environment Policy 11
Restricts coastal development increasing erosion/flood risk or needing protection works. Assessed acceptable as minor erosion zone impact; site outside main risk area.
Transport Policy 4
Highways serving development must safely accommodate generated traffic/pedestrians. Failed due to inability to guarantee visibility splays over uncontrolled adjacent land.
Policy 5.11 (Isle of Man Planning Scheme Kirk Michael Local Plan 1994)
Future proposals must heed coastal erosion. Noted but not oppositional as only corner affected.
no objection
do not oppose the planning application
The original application 11/01722/A for approval in principle for a single dwelling was refused by the Senior Planning Officer citing inability to control hedges/fences at the access junction with Cooil Avenue, risking pedestrian safety. Appellant argued site is zoned residential, principle accepted previously, vision splays achievable with ownership evidence, minimal traffic impact from one dwelling, and Highways Division approval. Council defended refusal relying on prior appeal precedent. Inspector found principle acceptable, minor visibility shortfall offset by low-speed private road context, no accident history, and existing access use; recommended allowance subject to conditions. Appeal was allowed.
Precedent Value
Demonstrates minor visibility splay shortfalls (0.7m) can be acceptable in low-risk private cul-de-sac contexts with no accident history; new ownership evidence can distinguish from prior refusals; scale reduction key to overcoming amenity/highway concerns.
Inspector: Ruth V MacKenzie BA(Hons), MRTPI
