CHIEF SECRETARY'S OFFICE

Oik yn Ard-Scrudeyr

Our Ref: DF12/0003 Planning Application Ref.No: 12/00277/B

THE TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING DEVELOPMENT (PROCEDURE ORDER) 2005

Secretary Planning Committee Department Of Infrastructure Murray House Mount Havelock Douglas

| Applicant: | Department Of Infrastructure | | --- | --- | | Proposal: | Junction improvements, Ballachurry Road Greeba Isle Of Man |

In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted his report. In accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed. On the 28th June 2012, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to the conditions specified below.

| Date of Issue: 12th July 2012 | | | --- | --- | | Chief Secretary's Office | | | Government Offices | | | Bucks Road | | | Douglas | |

M. Clow. Mr W Greenhow ACMA Chief Secretary

CONDITIONS OF APPROVAL:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the junction improvements as shown on drawing HW/2989/102 received on 24 February 2012.
3. The proposed 1.2 high close boarded fence shown on plan HW/2989/102 shall be replaced with a Manx Stone wall in accordance with a scheme to be agreed in writing with the Planning Authority prior to commencement of any works.

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The Council of Ministers Government Offices Douglas IM1 3PN 1 June 2012 Planning Application: 12/00277/B Chief Secretary's Ref. No: DF12/0003 Application by Department of Infrastructure for road improvements at the junction of the A1 Peel Road and Ballachurry Road, Greeba.

PRELIMINARY MATTERS

1. This report is based upon written representations and a site visit carried out on 14 May 2012. It contains a description of the site and proposal, a summary of the submitted representations and my assessment and recommendation.

SITE DESCRIPTION AND PROPOSAL

2. It is proposed to improve the visibility at the junction of the A1 Peel Road and Ballachurry Road at Greeba. The scheme would involve the demolition of Hawthorn Cottage on the western side of the junction and demolition and re-building of an existing wall to the east along a new highway boundary; existing trees would be trimmed back. Visibility to the west would increase from 4 metres to some 35 metres and to the east would increase from 6 metres to about 47 metres.

CONSULTATIONS

Planning Division of the Department of Infrastructure

The material points are: 3. The site is within an Area of High Landscape or Coastal Value and Scenic Significance under the 1982 Development Order. It is recorded that the relevant policies of the Strategic Plan are General Policy 3 (development outside zoned areas), Environment Policy 1 (landscape classification and protection) and Transport Policy 5 (improvements to the Island's highway network). Whilst the demolition of Hawthorn Cottage would not require planning permission, it is said that the proposed scheme would provide a much improved visibility at the junction and where the A1 Peel Road is classified as a Strategic Rural Route.

4. Ballachurry Road is a narrow local access highway serving 12 properties and a farm; it is also a route for trail riders, mountain bikers and walkers. The re-positioned wall would be re-built in Manx Stone at a height of 2.2 metres reducing gradually as it approaches the junction. It would be necessary to assess whether the proposed boundary fencing to the west of the junction would be acceptable in the street scene. It is suggested that if planning permission is given that a condition be imposed relating to the commencement date of the scheme and a condition identifying the approved drawings.

Transport Division of the Department of Infrastructure

The material points are: 5. The A1 Peel Road is a Strategic Rural Route, has a 50 mph speed limit and forms part of the. TT circuit; visibility to the west is extremely poor due to the position of Hawthorn Cottage and to the east even worse due to the position of a highway boundary wall. 6. The Department has been concerned for some years about the safety at this junction, but the improvements would require the acquisition and demolition of Hawthorn Cottage and the relocation of the wall to the east. The cost of such works has not been financially viable, but recently the potential owners of Hawthorn Cottage have offered the property to the Department and the owner of the wall has agreed to the proposed scheme. Although the proposal still falls short of the usual desirable standard, it does maximise the land that is available and provide a much needed improvement to visibility.

German Parish Commissioners

The material points are: 7. No objections.

Objectors

The material points are:

Dr T S Morley of Grianagh

8. The proposal would have a material impact upon the outcome of application 11/01558/A to build a new dwelling in Ballachurry Road; the latter scheme has been refused by the same Department, but that decision is the subject of an appeal. The acquisition of Hawthorn Cottage will be seen as blatant interference in the impartiality of the appeal process. To maintain strict impartiality, the Department should accept only the north east corner of the building, being about 5 % of the total area and which all that is

needed to provide a bellmouth. The potential owner could then rebuild Hawthorn Cottage on the same land and avoid building in field 313072; that field would remain in its pristine state and conform to the Strategic Plan requirements. A septic tank could be built in the field. It is erroneous to suggest that visibility needs improving as the damaged mirror has been replaced and vision in both directions is in excess of 180 yards.

Mr S Morgan of Edenfield

9. The Highway Division have failed to disclose the extent of their collaboration with the potential owners of Hawthorn Cottage. In order to obtain that building, it would be necessary to permit a large house on a nearby undesignated green field site. The planning application 11/01558/A has been refused, but the Highway Division has specifically timed this scheme in order to support the appeal. If the highway improvement scheme succeeds, the appeal against the refusal is more likely to succeed. The Highway Division's hidden agenda should be properly presented. There are other areas that are in greater need of highway improvements, particularly as this junction has no record of accidents. Whilst the proposed improvements would be beneficial, the context suggests that the ends do not justify the means.

ASSESSMENT

10. Having visited the site and locality, as well as having read the written representations, I have concluded that the main issue in this case is whether the proposed highway scheme would provide a reasonable improvement to visibility at the junction in the interests of highway safety and in accordance with the policies of the Strategic Plan.
11. From my site visit, I concluded that there is little doubt that this highway junction has very poor visibility; although there have been no recorded accidents, I suggest that has been more by luck than judgement. I do not accept that a highway mirror is a proper long term substitute for a properly constructed road junction with adequate vision splays. I note that one objector has stated that the proposed scheme would be beneficial and I concur with that comment. It is my conclusion that the proposal would provide a much needed improvement at this junction and the scheme would comply with Transport Policy 5 in the interests of highway safety.
12. However, I do question the use of a close boarded fence along the highway boundary to the west of the junction. In my opinion, that would be quite out of place and detrimental to the general landscape quality of the locality. I suggest that a condition should be imposed requiring the fence to be replaced with a Manx Stone wall of a height to be agreed in writing by the Planning Authority. 13.I now turn to the other comments made by objectors. I am well aware that the potential owners of Hawthorn Cottage have offered

that property to the Department and have also appealed against a refusal to replace Hawthorn Cottage by building a new dwelling within field 313072 on the opposite side of Ballachurry Road. However, I do not accept that the approval of the highway scheme would or should affect the decision upon the appeal for the replacement house. Indeed, my Report to the Minister upon that appeal recommends the appeal be dismissed and I have no doubt at all that the final decision will be made upon planning grounds. Furthermore, I am not aware of any hidden agenda on behalf of the Highways Division and do not accept that their negotiations with the potential owners of Hawthorn Cottage have influenced either the planning decision upon 11/01558/A or the conclusions I have reached in this Report.

14. As to whether the Highway Authority will be able to justify the financial outlay for the highway improvements if the appeal against the refusal for the new dwelling is dismissed is a matter for the Department and not a planning consideration. I support the two planning conditions suggested by the Planning Division as the first is a statutory requirement and the second limits the development to the proposals the subject of the submitted plans. I have also suggested an additional condition replacing the proposed fence by a Manx Stone wall in accordance with a scheme to be agreed in writing with the Planning Authority in the interests of visual amenity.

RECOMMENDATION

15. I recommend that planning permission be granted subject to the following conditions:

• a) The development hereby permitted shall commence before the expiration of four years from the date of this notice.
• b) This approval relates to the junction improvements as shown on drawing HW/2989/102 received on 24 February 2012.
• c) The proposed 1.2 high close boarded fence shown on plan HW/2989/102 shall be replaced with a Manx Stone wall in accordance with a scheme to be agreed in writing with the Planning Authority prior to commencement of any works.

David G Hollis

Inspector