23 July 2014 · Planning Committee
Land Adjacent To Ballacraine Cottages, Access To Smithy House From Peel Road, Ballacraine, St Johns, Isle Of Man, IM4 3lr
The site is an overgrown, sloping parcel of land with approximately 50m roadside frontage and depths of 13-21m, containing mature elm trees along the southern boundary. The proposal seeks approval in principle for two dwellings (indicative footprint 10m x 7.8m, potentially 2-3 storeys) with shared access, driveways and…
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The site is designated 'Residential' under St John's Local Plan, establishing the principle of development as acceptable provided other considerations are satisfied.
Strategic Policy 1
Requires optimising use of under-used land, efficient site use with access/amenity, and utilising infrastructure. Site is under-used residential land in service village with access/turning feasible per indicatives.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates new development in towns/villages. St Johns is a designated service centre/village boundary.
Strategic Policy 3 - To respect the character of our towns and villages
Area Plans define service village boundaries; St Johns covered, site within residential designation.
Strategic Policy 4
Provides housing to meet local needs/broaden choice in service villages.
General Policy 2
Permits zoned development respecting siting/scale/amenity/highway safety/trees; indicatives show feasible design but details reserved; highways/amenity/tree tensions resolved via conditions/revisions.
Housing Policy 4
New housing in towns/villages; site in designated residential area of service village, not countryside.
Time limit
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters submission
Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Tree retention
The Reserved Matters application requires taking into account of the mature trees along the southern boundary of Plot 1 and any scheme should be designed to ensure the retention of such trees both during construction and thereafter. The applicants are highly recommended to discuss this matter with the Department of Environment, Food and Agriculture - Forestry, Amenity and Lands Directorate prior to submitting any Reserved Matters application.
Site compound
The Reserved Matters application requires a plan to be provided which shows a site compound which includes storage areas and vehicle parking (deliveries, tradesmen etc) to ensure there are adequate provisions on site to prevent on street parking.
no objection to principle but concerns on elm tree stability/roots
would not oppose; reduced splays of 2.4m x 45m acceptable based on speeds/accidents
no comments on merits; request informative note
Multiple local residents submitted objections primarily concerning highway safety, traffic congestion, parking issues, overbearing development, loss of views and privacy, tree protection, and wildlife impacts; Manx Electricity Authority expressed interest with standard conditions. No statutory consultees other than utilities objected.
Key concern: highway safety and traffic congestion due to on-road parking and narrow road near Ballacraine crossroads
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application; The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: Applicant must contact the Authority; Contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety documents (Tel. 687766) before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; Contact the M.E.A. Planning Department (Tel. 687781) to discuss the electricity supply for this application
The original application for approval in principle for erection of two dwellings with new vehicular access on land zoned residential in St John's Local Plan was approved by the Planning Committee on 21 July 2014 despite Highway Services objections to inadequate visibility splays. Neighbours Mr & Mrs Hetherington (Smithy House) and Mr S Kneale & Miss C Jones (Croit Greanagh) appealed, citing highway safety risks from busy traffic, on-street parking, bus stop, and construction traffic on Main Road (A1). The independent inspector held a public inquiry on 28 October 2014 with site visit, finding the principle of development acceptable per zoning and IoMSP policies but that inadequate visibility splays (2.4x70m not fully achievable), high traffic volumes/speeds (85th percentile 29-30mph), roadside parking, and additional movements from two dwellings would materially harm highway safety contrary to GP2(i). The Minister accepted the inspector's recommendation on 18 December 2014, upholding the appeals and refusing the application.
Precedent Value
Even on zoned residential land in villages, highway safety can override principle if visibility splays inadequate on busy roads (85th %ile >25mph) with parking/bus stops; future applicants must demonstrate full compliance over own land or risk refusal; third parties can succeed by evidencing local conditions.
Inspector: Ruth V MacKenzie BA(Hons) MR PPI
