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                                                 25/90267/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90267/B Applicant : Mr Conor Howard Proposal : Creation of new vehicular access Site Address : Field 130622 Kella Road Sulby Isle Of Man

Principal Planning Officer: Belinda Fettis Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.06.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. Prior to the new access first being brought into use the following must be completed.

(a) From its junction with the public highway, the first 6m of the site access should be finished with a bound and consolidated material and shall include drainage a drainage channel to restrict surface water leaving the site and entering the public highway.

(b) Gates must open inwards and be set back from the junction with the public highway a minimum of 5m.

(c) The existing access shall be closed off with a post and wire fence.

The access details above shall be maintained and kept free of obstruction for the lifetime of the development.

Reason: In the interests of public highway safety to ensure safe use of the access without causing harm to other road users and to restrict debris leaving the field and entering the public road.

C 3. During the first planting season or within 6 months, whichever comes first after the new access is first brought into use, the existing access shown on P.3 Existing Site Plan shall be planted with at least one native species such as Hawthorn, Holly or Sycamore.

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The tree planting will ensure closure of the existing access and add to the ecology of the site post loss of vegetation on the site of the new access.

Reason: By virtue of the bound surface and traffic over the roots, the new access will adversely impact the root protection area of the existing Sycamore Tree. The required planting will compensate the site for the loss of vegetation and potential damage and or loss of the Sycamore tree.

N 1. In accordance with the Highways comments the applicant is made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

N 2. Prior to further clearance and construction, the applicant should be aware and make any contractor aware of obligations under the Wildlife Act 1990 to protect existing habitat and the potential for nesting or hibernating mammals or vertebrates.

This application has been recommended for approval for the following reason. The proposal would not adversely impact the visual character of the locality or require significant alterations on the highway therefore the proposal accords with Environment Policy 17 (c). in addition the proposal would not adversely affect wildlife and would improve traffic safety therefore the proposal accords with General Policy 2 (c) (d) and (i).

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 12th of March 2025;

Location Plan no.P.13 Site Plan no.P.12 Proposed site plan no.P.4 Proposed gate detail plan no.P.5 Visibility splays plan no.P.2

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

Lezayre Parish Commissioners - no objection DOI Highway Services - no objection: requested condition attached DOI Highways Drainage - no objection: condition attached

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Officer’s Report

1.0 THE SITE 1.1 The site relates to field no.130622, a field of approximately 38,000sq ft that lies approximately 1,800ft east of the A14 and 4,400ft north-west of the A3, known as Kella Road; the Department of Infrastructure (DOI) identifies the road as an access route (U8). The use of the site is described on the application form as 'horticulture'.

1.2 The boundary of the site abuts the road at an 'S' bend section. The existing access is on the 'S' bend. The boundary with the road is mix of planted and self-seeded vegetation 'hedge /

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                                                 25/90267/B
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tree' variety. The site plan identifies existing trees; two Ash trees suffering from Ash Die Back, Sycamore and Willow trees.

2.0 THE PROPOSAL 2.1 This application proposes to create a new access, around the bend from the existing access that has become overgrown and permanently close the existing access. The new access would have improved visibility splays and a gate set back from the road, a post and wire fence and new gate measuring around 3050mm (10ft).

3.0 PLANNING POLICY 3.1 Site Specific 3.1.2 The land associated with the site is identified as being open countryside by the 1982 Development Plan and in the Draft Area Plan for the North and West; essentially the same. The land is designated as 'undulating lowland plan' on the Draft Landscape Character Area Map 2N.

3.1.3 The site is not within a flood zone however the road is identified as being susceptible to surface water flooding.

3.1.4 There are no other constraints on the site.

3.2 Strategic Plan 3.2.1 Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:

3.3 Environment Policy 1 states that countryside and its ecology will be protected. Development that would adversely affect countryside will not be permitted.

3.4 Environment Policy 17 states that development associated with nurseries and market gardens will (horticulture) will only be permitted where it does not adversely harm other elements under criterion (a) to (d). Relevant to this application is (c) adverse impact on character or appearance of the area or significant highway alterations.

3.5 General Policy 2, although specific to land use designation is appropriate to most general development. In respect of this proposal I, (d) and (i) are considered relevant. (c) does not adversely affect the surrounding character (d) does not adversely affect wildlife (i) does not have unacceptable impacts on road traffic safety.

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads; it is an office to allow surface water to run onto the public highway.

5.0 PLANNING HISTORY 5.1 There is no previous planning history.

6.0 REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.2. Local Authority: 6.2.1 Lezayre Parish: no objection (08.04.2021)

6.3. Statutory Bodies

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6.3.1 DOI Highway Services: The proposal would have no significant negative impact upon the highway, as the repositioning of the access will bring improvements to access safety. Condition requested for bound material for the first 6m completed and the old access closed before first brought into use.

6.3.2 DOI Highways Drainage: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: As there are no levels shown. The applicant should be aware of and demonstrate compliance with the clause above.

6.3.3 Although consulted on 02.04.205 no comments have been received from Forestry, Amenity and Lands.

7.0 ASSESSMENT

7.1 The key considerations centre around the following; (7.2) Highway safety (7.3) Ecology (7.4) Visual impact on the countryside

7.2 Highway safety 7.2.1 The existing access is poor because it exists on a convex bend in the road. The mature vegetation and position of the access results in poor highway observations and could be considered unsafe.

7.2.2 Highway Services have raised no objections stating that the access would 'bring improvements to highway safety', recommending that the gates are set back by 6m and the material used for the access be a bound material.

7.2.3 Highways drainage have not objected but stated that because ground levels are not shown on the plan the applicant should be 'aware of and demonstrate compliance with the clause above.'; 'Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.'

7.2.4 Photograph P.10 and P.11 submitted in support of the proposal show that there is no significant gradient change between the field and the road. Therefore it is considered unreasonable and unnecessary to require additional plan submissions. Instead, the proposed condition (2)(a) is considered reasonable and relevant to ensure to that the finishing of the access is completed appropriately. In addition a 'note' within the Decision is proposed reminding the application of the obligation under s58 of the Highway Act.

7.3 Ecology 7.3.1 As demonstrated by the submitted photographs and when compared to Google 'streetview', there has already been a loss of vegetation and potential habitat in the location of the new access. Therefore the impact cannot be easily accessed. However the remaining boundary either side of the existing and proposed new gate can be described as a mix of planted and self-seeded low level and tree vegetation.

7.3.2 The submitted plan, P4, states that two Ash Trees are suffering from Ash Die Back therefore it is likely that these trees will eventually die. The plan also shows the presence of a Sycamore tree close to the entrance. It is likely that some damage to the root protection area (RPA) this Sycamore tree would occur as a result of the excavation and subsequent laying of a bound material for the access. In addition vehicles travelling over the RPA.

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7.3.3 To balance the harm and potential harm a condition is recommended for the planting of at least one native species in the location of the access to be blocked up.

7.4 Visual impact 7.4.1 Irrespective of condition, the existing gate has little impact on the visual within the highway because it could be said to be within the tree line. The gate's location, on the convex bend means that it is not visible in either direction of travel until one is upon it.

7.4.2 Because of the requirement for a bound surface and gates set back 6m from the highway and visibility splay clearance, there will be a visual impact in so much as the access should be visible. However such access points on the rural highway are becoming common place, therefore there is no harm to the landscape.

8.0 CONCLUSION 8.1 The proposal would not adversely impact the visual character of the locality or require significant alterations on the highway therefore the proposal accords with Environment Policy 17 (c). in addition the proposal would not adversely affect wildlife and would improve traffic safety therefore the proposal accords with General Policy 2 (c) (d) and (i).

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 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).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 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.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

9.5 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. __

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted

Date: 26.06.2025

Determining Officer

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Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.