3 April 2019 · Delegated - Head of Development Management (Stephen Butler)
Newstead, Andreas Road, Ramsey, Isle Of Man, IM8 3ue
The proposal involved approval in principle for a new 1.5 storey detached dwelling (105 sq m footprint) in the southern side garden of Fasque, an existing detached house on the A9 Andreas Road east side, with all matters reserved.
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The officer determined that the proposed access provides substandard visibility for emerging vehicles, with splays partially over non-applicant land obstructed by trees/hedging (e.g., only 15m to near…
General Policy 2
Requires development to respect site/surroundings (b), not adversely affect locality character/amenity (c,g), provide safe access/adequate parking (h), and not harm road safety/traffic (i). Officer assessed access visibility as substandard and amenity impact on Fasque unacceptable, failing (h),(i),(g); visual impact acceptable due to screening.
Backland Development and Development in the Grounds of Houses
Presumption against backland development in well-landscaped grounds with trees. Site had leylandii removed (permitted, low value); officer noted similar implications for tandem-like development alongside Fasque causing access disturbance/privacy loss, though not strictly backland.
Environment Policy 42
New development must respect locality character; inappropriate backland/open space removal not permitted, tandem generally unacceptable due to access/privacy issues. Echoes R/E/P3; officer applied to shared access disturbance despite not pure backland.
no objection
Highway Services objects to the application due to inadequate highway visibility splays; Ramsey Town Commissioners have no objection across multiple consultations; adjacent property owners (James & Vivienne Penn of St Bridgets) strongly object on amenity and access grounds.
Key concern: inadequate highway visibility splays failing Manual for Streets standards
Highway Services Division
ObjectionHighway Services opposes the application on highway safety grounds due to the lack of highway visibility in both directions that would be achievable, regardless of the proposed site access position, which does not comply with ‘Manual for Streets’ visibility standards.; Highway visibility splays of 2.4m x 43m are needed in both directions from the proposed site access junction to comply with the Manual for Streets (MfS) visibility standards for the 30mph speed limit.
Conditions requested: provide 2 parking spaces per dwelling, with sufficient on-site manoeuvring space to allow vehicles to turn around so they could enter and exit the site in forward gear; parking for each dwelling must be independent so the parking for one would not obstruct or adversely affect the other
Ramsey Town Commissioners
No Objectionhave no objection to the proposal
Ramsey Town Commissioners
No Objectionhave no objection to the amended plans
Ramsey Town Commissioners
No Objectionhave no objection to the amended plans
James & Vivienne Penn (owners of St Bridgets)
ObjectionWe object strongly to the revised planning application for a new dwelling.; the proposed taller building would be more intrusive.; having a new dwelling 20 metres away from our house will impact on our privacy.; the claim that there will be 'no additional noise' is simply nonsense.; the area is not big enough to site another house in.; There is only 5-6 metres between the proposed houses.
The original application 16/00586/A for approval in principle for a new detached dwelling was refused on 3rd April 2019 for inadequate access visibility contrary to GP2(h)(i) and harm to amenity of Fasque from traffic and screening. The appellant argued improvements to the shared access achieved sufficient visibility splays, cited precedents, and clarified low-level planters instead of high fencing to protect amenity. The Council and DOI Highways maintained visibility was substandard and not controllable over private land, with amenity harm from configuration resembling backland development. The inspector found highway safety compromised by doubled use of substandard access and amenity harmed for Fasque and St Bridgets, conflicting with GP2, EP42, and RLP policies. The Minister accepted the inspector's recommendation on 23rd October 2019 to dismiss the appeal.
Precedent Value
Dismissal emphasises strict adherence to controllable visibility splays for added dwellings even with improvements; backland policies apply to alongside sites with shared access harming existing amenity. Future applicants must secure legal control over splays and provide detailed amenity mitigation from outset.
Inspector: Brian J Sims