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Application No.: 25/90010/B Applicant: Mr & Mrs Stanley Corlett Proposal: Creation of new vehicular access (retrospective) Site Address: Croit A Curleod Ballacaley Road Sulby Isle Of Man IM7 2HS Principal Planner: Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 27.02.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The visibility splay(s) identified on drawing 03; shall be retained in accordance with this approved plan and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Reason: In the interests of highway safety. This application has been recommended for approval for the following reason.
The proposal while publically apparent, would be in keeping with the landscape and countryside setting and would not have an adverse visual impacts upon the countryside or result in any highway safety concerns and therefore complying with EP 1 and GP2 of the IOMSP.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 21.01.2025.
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection It is recommended that the following organisations should be given the Right to Appeal: Local Authority - Objection on the grounds that the development would have a detrimental impact on the quality of life of that authority's residents i.e. highway safety matters.
_________________________________________________________________ Officer’s Report
THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN, BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE - 1.1 The application site represents the curtilage of an existing property Croit A Curleod, Ballacaley Road, Sulby which is a detached dormer bungalow dwelling, with gardens to the side and rear of the property. Off road parking front the property and access directly onto the Ballacaley Road which is to the south of the site.
2.0 PLANNING HISTORY - 2.1 The following planning applications associated with this property are considered relevant: - 2.2 Extension of residential curtilage (retrospective) - 25/90011/C - PENDING CONSIDERATION - 2.3 Alterations and erection an extension to side elevation of dwelling - 24/00525/B APPROVED - 2.4 Reserved matters application for the erection of a dwelling - 09/00144/REM- APPROVED - 2.5 Approval in principle for the erection of a dwelling - 07/01073/A - APPROVED
3.0 THE PROPOSAL - 3.1 Full planning approval is now sought for the creation of new vehicular access (retrospective). The new access has a width of approximately 5.5m with a pair of timber field gates which have a height of 1.1m. There is a gravel hardstanding which has a depth of between 4 and 5.6m.
3.3 It should be noted that the proposed new access and hardstanding area is located within the proposed new curtilage extension which is also under consideration (PA 25/90010/B). - 3.4 Following comments received from the Commissioners (see section 5.1 of this report) and subsequently the Department seeking additional justification/reasons for the access, the applicants commented (including photographs of gate and stone gate pillar);
"We purchased this property in 2020 and the additional land in 2021. Firstly we would like to point out as we did to your colleagues of the Planning Enforcement Division ... that we have not created a new entrance, it was only when we started to cut down and remove the overgrowth of briars, gorse etc. to tidy up the land that we had purchased to extend our garden that we came across the opening, where we uncovered two slate stones and the rusty remains of a metal gate, the two slates would have been used as the hanging and shutting pillars for the gate, so this proves that an entrance did exist at this point before we purchased the land, albeit that it had become overgrown and not used.
In order to improve the area all we have done is replace one slate post with a brick pillar to match the existing and a wooden gate which makes it more presentable. We made a hard standing area either for additional parking when needed or more importantly for delivery of manure and compost etc. for the vegetable plot instead of having it tipped at the front door and having to transport it across the lawn. We have used the entrance for this purpose over the last few years and for delivery of building materials. The wire cage you saw behind the gate is used to cover and protect young plants and seedlings, it is easily moved.
Shortly we will be commencing the approved planning extension to our dwelling and the contractors will require parking for their vehicles. We will have to park our vehicles of the road as this is only a single track road and we wouldn't want to cause any inconvenience to other
residents. As stipulated by Lezayre Commissioners we cannot use this entrance in connection with our building.
We are at a loss to the comment made by Lezayre Parish Commissioners to the use of a small refuse vehicle to collect refuse should approval be granted to this retrospective application, because at present the refuse vehicles do not go onto private property to collect refuse. Our refuse bin has to be placed at the front of our house for collection, the same as all other residents, and further to making enquires, the northern parishes refuse collection board, who are responsible for collecting the refuse in our area do not have a small refuse vehicle. So the comment they made is not relevant.
As you will have seen from your visit that we never intent to make this an "in and an out " entrance. Also we enquire after nearly four years why someone has suddenly found cause for complaint…"
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the existing dwelling and associated gardens are within an area recognised as being within a "Predominately Residential Use" under the Sulby Local Plan
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policy that is considered specifically material to the assessment of this current planning application: - 4.3 Environment Policy 1 states (if it is considered the site is within land not designated for development): "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 4.4 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
5.0 REPRESENTATIONS - 5.1 Lezayre Commissioners comment;
5.2 Highway Services comment (30.01.2025); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed vehicular access is acceptable for the low flow low speed rural nature of the road that the access is situated only, however, the access connection and first 5m of hardstanding from the adopted highway must be of bound and consolidated material and this should be conditioned on permission as well as conditioning the access visibility splay. To note. A S109 highway agreement will be required for the access connection onto the publicly adopted highway."
6.0 ASSESSMENT - 6.1 The issue in this case is whether the proposed access would have any adverse impact on the character and appearance of the property, given the rural nature of the context of the site and have any highway safety concerns. Visual impact - 6.2 The proposal introduces an access with two timber field gates. The field gates does not appear out of keeping with the area and common style of access to properties in the countryside and also accesses to agricultural fields. Accordingly, while the new access and gates are apparent from public view, namely from the Ballacaley Road which is immediately to the south of the sit; it is not considered the proposal would have such a significant impact upon the visual amenities of the site/countryside to warrant a refusal. - 6.3 Visiting the site it is clear that this entrance does provide an improved access for the vegetable plot which essentially wraps around the original garden of the dwelling. The property does have existing parking for at least four off road parking spaces (two on driveway and two within double garage) and from the comments received it is the applicants wish that the hardstanding is not used for parking on a regular basis, rather to facility deliveries for the vegetable plot/garden. It is also noted that the evidence suggest that a field gate was in place, likely will have been used in association with the former stone building that was in place (was demolished when dwelling was constructed). The 1869 Counter Series map does potentially show an access between the western (rear) boundary of the building and a further detached outbuilding which ran along the Ballacaley Road. Highway safety - 6.4 Highway Services have considered the application, namely visibility splays and raise no concerns. Visibility splays of 2.4m x 30m are shown in either direction with no loss of banking or trees/landscaping.
7.0 CONCLUSION - 7.1 The proposal while publically apparent, would be in keeping with the landscape and countryside setting and would not have an adverse visual impacts upon the countryside or result in any highway safety concerns and therefore complying with EP 1 and GP2 of the IOMSP. - 7.2 In view of the above, it is concluded that the application is acceptable and is recommended for approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
Decision Made: Permitted Date: 17.03.2025 Signed : Presenting Officer
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