DEC Decision Notice

Mr Anthony Robert Sims 2 Cardle Cottages Corony Ramsey Isle Of Man IM7 1ES

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by Mr Anthony Robert Sims, ref 13/00666/B, to widen existing vehicular access to provide a turning space at 2 Cardle Cottages Corony Ramsey Isle Of Man IM7 1ES for the following reason(s):

1. The proposal is to create a turning area within the site so as to allow vehicles to enter and leave in a forward gear. In view of the location of the site and its access onto a dangerous bend with substandard visibility, this is welcomed in principle. However, the drawings submitted with the application contain insufficient detail for the Planning Authority to properly assess the technical suitability of the proposal. Moreover, the proposal suggests a pull in lay by, the design of which might lead to vehicles inadvertently reversing and turning into the highway. The proposal could lead to vehicles leaving the site closer to the fast bend with substandard visibility therefore increasing the risk of accidents. The applicant has indicated their unwillingness to improve visibility in a south westerly direction which might otherwise facilitate the proposed layout. The proposal is considered potentially dangerous and prejudicial to highway safety and fails to comply with criterion (i) of the Isle of Man Strategic Plan 2007. There are no material considerations which override this concern.
2. In the absence of sufficiently detailed drawings, and in view of the lack of clarity from the applicant as to exactly what is proposed, it is not possible for the Planning Authority to fully assess the impact of the proposed works on the site, existing vegetation including the roadside hedge, the street scene and character and appearance of the area. The Planning Authority cannot therefore determine whether the proposal satisfies the requirements of criteria (b), (c) and (g) of the Isle of Man Strategic Plan 2007. There are no material considerations which override this concern.

NOTE The Planning Authority recognises the hazardous nature of the existing access which is situated on a blind and fast bend. The provision of on-site turning provision is therefore welcomed in principle. The Planning Authority encourages the applicant to appoint a professional agent to help them devise an appropriate scheme with sufficiently detailed drawings. The Planning Authority would welcome pre-application discussion with the applicant to help this process.

Date of Issue:

8th August 2013

M Kallyher

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected] $13 / 00666 / B$

Application No. :	13/00666/B
Applicant :	Mr Anthony Robert Sims
Proposal :	Widen existing vehicular access to provide a turning space
Site Address :	2 Cardle Cottages
	Corony
	Ramsey
	Isle Of Man
	IM7 1ES

Officer's Report

The Application Site

1. The application site is No. 2 Cardle Cottages, Corony. It is one of a pair of mid 19th century dwellings situated to the north side of the A2 main road on the eastern outskirts of the village. Both dwellings are set back from the road behind a drive. There is a garage to the side of No. 2. The dwellings are on higher ground than the adjacent road and the drive to No. 2 is narrow and steep. There is currently no turning space. Visibility at the access to No. 2 is restricted in both directions, and is particularly bad to the south west with traffic often passing quickly around a relatively blind bend. This is not assisted by garden shrubs and a tall roadside hedge.

The Proposal

1. The application seeks planning approval to widen the access to provide turning space for vehicles as well as a pull in next to the road. The Highways Division says that the applicant undertook pre-application discussions with them about proposals for turning space.

1. The drawings submitted with the application are of poor quality and lack detail including information on levels and what the gradient of the new hard standing area will be. The planning officer has met the applicant on site to discuss these issues. The applicant was not entirely clear on what they wanted to do and the drawings do not provide clarity. The applicant did say that they were reluctant to agree to an improvement to visibility in a south westerly direction as they wanted to keep the existing shrubs and most of the existing roadside hedge.

Planning History

1. Approval granted was granted in 2008 for the erection of a conservatory (08/00443/B).

1. There is no relevant planning history at No. 1 Cardle Cottages next door.

Planning Policy

1. The site is within an Area of High Landscape or Coastal Value and Scenic Significance in the Isle of Man Development Scheme (Development Plan) Order 1982.

Case Officer :	Mr Edward Baker
Photo Taken :
Site Visit :	26.06.2013
Expected Decision Level :	Officer Delegation

1. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'

Representations

1. Maughold Parish Commissioners - support the applicant's wish to improve vehicular access to the property. The only observation is about checking for the presence of any drainage pipes or associated facilities as there was a leak from this location at the property several years ago.
2. Highways Division - initially offered no objection to the proposal. The planning officer has raised several concerns about the highway safety aspects of the proposal with the applicant, including a lack of clarity on what is being applied for, visibility splays, change in levels and the lack of detailed drawings. These issues have been discussed with the Highways Division who share these concerns and have verbally said that they would support the application being refused, especially if improved visibility is not to be provided as part of the scheme.

Assessment

The impact of the proposal on highway safety

1. The proposal is aimed at improving highway safety by providing space for turning within the site to allow vehicles to enter and leave the site in a forward direction. This is particularly important because the access is onto the A2, which can be a fast stretch of road. Visibility in both directions is currently substandard, especially in a south westerly direction which is on a blind bend. At the time of the site visit, the planning officer witnessed traffic travelling along the road relatively quickly and that visibility was particularly poor in a south westerly direction. It is considered that the access is currently dangerous.

1. The submitted drawings are of poor quality and are unclear as to what is being proposed, particularly in relation to levels. For example, it is unclear as to whether the new pull in would be level with the adjacent road (and require a retaining wall at the rear) or be on a gradient similar to the drive. The applicant indicated on site that it would be the latter however the drawings do not clearly show this. If the pull in is to be a turning area as well, as indicated on the drawings, then there is a danger that vehicles might accidently sweep into the road. The proposed layout would also not allow vehicles to present themselves perpendicular with the road when leaving the site.
2. A further concern is that the widened hard standing could allow vehicles to exit closer to the south west and closer to the dangerous blind bend on the inside carriageway. The Highways Division has suggested that the proposal might be more acceptable if improved visibility was secured in a south westerly direction by removing some of the garden shrubs and roadside hedge. However, the applicant indicated on site that they would be unwilling to agree to a visibility splay.
3. In summary, there is lack of detail on what is being proposed and the limited information that is availability suggests that the proposed works would be potentially dangerous. The application should therefore be refused. The principal of providing turning space remains sound and a note should be added to the decision notice advising the applicant to appoint a professional agent to help them prepare a new application.

The effect of the proposal on the character and appearance of the area

1. It is probable that the works won't give rise to a harmful impact on the street scene and character and appearance of the area. However, in the absence of detailed plans and information on visibility splays, this cannot be certain. The application should therefore also be refused on the grounds that it is not possible to assess the impact of the development.

Recommendation

1. It is recommended that planning approval is refused.

Party Status

1. The Local Authority, Maughold Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
2. The Highways Division is part of the Department of Infrastructure and not an Interested Party.

Recommendation

Recommended Decision: Refused

Date of 01.08.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions

R : Reasons for refusal

0 : Notes attached to refusals

N 1. The Planning Authority recognises the hazardous nature of the existing access which is situated on a blind and fast bend. The provision of on-site turning provision is therefore welcomed in principle. The Planning Authority encourages the applicant to appoint a professional agent to help them devise an appropriate scheme with sufficiently detailed drawings. The Planning Authority would welcome pre-application discussion with the applicant to help this process.

R 1.

The proposal is to create a turning area within the site so as to allow vehicles to enter and leave in a forward gear. In view of the location of the site and its access onto a dangerous bend with substandard visibility, this is welcomed in principle. However, the drawings submitted with the application contain insufficient detail for the Planning Authority to properly assess the technical suitability of the proposal. Moreover, the proposal suggests a pull in lay by, the design of which might lead to vehicles inadvertently reversing and turning into the highway. The proposal could lead to vehicles leaving the site closer to the fast bend with substandard visibility therefore increasing the risk of accidents. The applicant has indicated their unwillingness to improve visibility in a south westerly direction which might otherwise facilitate the proposed layout. The proposal is considered potentially dangerous and prejudicial to highway safety and fails to comply with criterion (i) of the Isle of Man Strategic Plan 2007. There are no material considerations which override this concern.

R 2.

In the absence of sufficiently detailed drawings, and in view of the lack of clarity from the applicant as to exactly what is proposed, it is not possible for the Planning Authority to fully assess the impact of the proposed works on the site, existing vegetation including the roadside hedge, the street scene and character and appearance of the area. The Planning Authority cannot therefore determine whether the proposal satisfies the requirements of criteria (b), (c) and (g) of the Isle of Man Strategic Plan 2007. There are no material considerations which override this concern.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00666/B Mr Anthony Robert Sims Widen existing vehicular access to provide a turning space, 2 Cardle Cottages Corony Ramsey Isle Of Man IM7 1ES Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 06.06.2013, includes;

Dev Control Polygons: Reference Number: 13/00666/B Status: Pending Consideration Proposal: Widen existing vehicular access to provide a turning space Reference Number: 08/00443/B Status: Permitted Proposal: Erection of conservatory Reference Number: 04/00277/A Status: Permitted on Review Proposal: Approval in principle for the erection of a double garage with granny flat over, to replace existing detached single garage to side Approval extended for 12 months per delegated minute 3.2, 20/2/06.

BC Case Polygon: Reference Number: 02/07083/DEX BC Case Status: Building Work Complete Proposal: Installation of new septic tank and tail drain system

Site Notes

• Discuss with Hazel / Rudres
• What is level?
• relationship with tree?
• dangers as a time in? really worry into the road?