15 November 2016 · Planning Committee
Arbory House, Glen Road, Colby, Isle Of Man, IM9 4hw
The proposal involves erecting a double garage with stone walls and a 35-degree slated roof, creating a new 4.5m wide access through the 1.4m high roadside stone wall (10m wide breach), and associated landscaping including tree removal and replanting.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The key issues were highway safety and visual impact from the building, new access, and tree loss. Highway Services confirmed acceptability provided carriageway markings are implemented to achieve 40m…
General Policy 2
GP2 presumes in favour of residential development in zoned areas if it respects site/surroundings in siting/layout/scale/design/landscaping (b), does not adversely affect landscape/townscape character (c), incorporates existing landscape features like trees (f), protects resident amenity/locality character (g), provides safe access/adequate parking (h), avoids adverse road safety/traffic effects (i), and considers safety/security/energy (m,n). Officer assessed the garage/access as fitting the varied streetscene with stone walls/accesses, tree loss mitigated by planting, highway safety secured via markings/conditions, and no unacceptable visual/amenity impact.
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.
Landscaping scheme
Prior to the commencement of works, a landscaping scheme which identifies the species, position and size of trees and shrubs to be replanted to mitigate those lost in the development, must be approved by the Department and implemented in the first planting season following the completion of the garage and driveway as hereby approved. Such a scheme must introduce more than just the single tree proposed in the application and must attempt to replicate the level of coverage to be lost, taking into account the proposed development. If within five years of planting, this vegetation dies or is removed, it must be replaced in accordance with the approved landscaping scheme. Reason: to maintain the visual amenities of the area.
Access construction and visibility splays
Prior to any construction, the access shown on drawing no 2740-16 01 dated 27/06/2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety.
Carriageway markings
Prior to the use by vehicles of the garage, access or driveway hereby approved, the new carriageway markings shown in drawing 2740-16 01 must be installed. Reason: In the interests of highway safety.
no comment
acceptable subject to condition on access construction and unobstructed visibility splays
no objection to tree removal if protective measures implemented; minimal impact on elm
Highways Division does not oppose the application subject to a condition ensuring the access and visibility splays are constructed prior to any construction work. Arbory Parish Commissioners have no comments to make.
Key concern: Glen Road has no footways and boundary walls constructed very close to the highway boundary
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDo not oppose with condition/comment; DNOC on 06/09/16; in order to achieve the required visibility of 40m the road will be narrowed to no less than 6m with an edge of carriageway road marking
Conditions requested: Prior to any construction the access shown on drawing no 2740-16 01 dated 27/06/2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety
Arbory Parish Commissioners
No Commentmy Commissioners have considered the above application and have no comments to make
The original application for erection of a double garage and new vehicular access with landscaping at Arbory House was approved by the DEFA Planning Committee on 15 November 2016 subject to conditions including landscaping, access construction, visibility splays, and carriageway markings. Neighbour Mr Tristan Head (Nhee Aalin, opposite) appealed, arguing the required carriageway markings to achieve visibility splays for the new access would narrow the road, reduce his 'safety cushion' when exiting his property, and compromise highway safety. The Planning Authority and applicant defended the approval, noting Highway Services' support conditional on markings, sufficient remaining carriageway width (at least 7.5m), low traffic speeds, and compliance with residential zoning under General Policy 2. Inspector Michael Hurley conducted a site visit on 20 March 2017, found the new access acceptable with conditions, deemed impacts on appellant's sub-standard visibility a separate Highway Authority matter not precluding the development, and recommended dismissal. The Minister concurred and upheld the approval on 3 May 2017 with conditions.
Precedent Value
Appeals against approvals on highway grounds fail where Highway Authority supports with conditions and impacts on third-party accesses are deemed unrelated/separable; applicants should secure highways endorsement early, provide speed/flow data; third parties cannot block via indirect effects on public roads.
Inspector: Michael Hurley BA DipTP
