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1.1 The site represents the curtilage of Kerrowmoar West which is a detached dwelling located to the southern side of the Lezayre Road and east of Rollick Lane which is a single track narrow lane.
2.1 The application site is within an area designated as woodland under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area but is within an area of High Landscape or Coastal Value and Scenic Significance.
2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:
2.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
2.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
2.5 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
3.0 PLANNING HISTORY 3.1 Whilst there are a number of previous applications none are considered relevant in the assessment and determination of this application.
4.0 PROPOSAL 4.1 The application seeks approval for the creation of vehicular access to lower gardens of Kerrowmoar West. The applicants advise that as well as providing an additional access to their gardens the access will also serve as a passing place for vehicles, motorcycles and horses. The applicants advise that given the narrow width of Rollick Lane, if vehicles etc meet, then vehicles are having to reverse onto Lezayre Road.
5.0 REPRESENTATIONS 5.1 DOI Highway Services do not oppose subject to the imposition of the following conditions: "The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665. Visibility splays of 2 x 18 metres in both directions. Vegetation, gates etc to be 1.05 mtrs or below within splays."
5.2 The Lezayre Parish Commissioners have no objection.
6.0 ASSESSMENT 6.1 The principal issues relates to whether the proposed works are justified, whether the works would adversely affect the visual amenities of the countryside and whether the proposal would have an impact upon highway safety. 6.2 Visiting the site and travelling along Rollick Lane, it was evident that if two vehicles /horse/motorcycles met at this point, then one of the parties would have to reverse either up Rollick Lane or reverse onto Lezayre Road. Either situation would not be idea, especially reversing onto Lezayre Road which would serious affect highway safety for all highway users. Consequently, whilst the situation is unlikely to arise on a daily basis, it is considered the proposed works would be justified in terms of highway safety. In relation to visibility splays, Highway Services have required splays of 2m x 18m in both directions. If both measurements were taken to the nearest curb line, such splays are achievable although alterations would need to be made to the roadside boundaries. However, given the narrow nature of the lane (2.6 to 3m), it is considered the visibility splay measurement isn't necessary to be taken from the nearest curb edge, but more from the centre of the road. This being the case, 18 metres in both directions can be achieved without the need for any significant/if any alterations to the bank either side of the new entrance. It is also relevant to consider the access would only
serve to upkeep and maintain the lower garden areas of the property, rather than being a main access for the dwelling.
6.3 The works will result in the alteration of the existing sod banking along this stretch of Rollick Lane; however, to either side of the new entrance (field gate design) it is proposed to replicate the existing sod banking.
6.4 Overall, it is considered the design of the scheme would be appropriate form of development and would have no significant impacts upon the visual amenities of the countryside, but beneficial to highway safety.
7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommended Decision: Permitted
Date of Recommendation: 19.06.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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.
The development hereby approved shall provide visibility splays of metres in both directions (measured to centre point of Rollick Lane) and shall thereafter be retained thereafter.
Reason: In the interests of highway safety.
C 3.
Prior to the use of the hereby approved access the sod/ hedge banking is required to be completed as shown on the submitted plans (site plan 1:100 and 3d drawing 1:50) and shall thereafter be retained thereafter.
Reason: To ensure the provision of an appropriate landscape setting to the development. This approval relates to Drawings reference Location Plan 1:1000, Site Plan 1:100 and 3d drawing 1:50 all received 25th April 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 20/6/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer Senior Planning Officer
Signed: _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Sennifer Chance Head of Development Management
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