26 February 2015 · Planning Committee
Plot 1 Off, Station Road, St Johns, Isle Of Man, IM4 3na
The proposal involves forming a temporary access route, generally 3m wide (widening to 6m at the Station Road junction with 2m x 36m visibility splays), across a 145m long strip of undeveloped land between the post office and Coach House, to serve construction traffic for six dwellings on land to the rear of Balladoyne…
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The officer recommended refusal due to unacceptable highway safety risks, noting that despite improvements like lowered wall, H-bar markings and double yellow lines, visibility splays remain obstructe…
Transport Policy 4
Requires highways to accommodate development traffic/pedestrians safely. Officer found proposal fails due to obstructed visibility and conflicts despite mitigations; Committee deemed conditions sufficient.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Requires equal weight to pedestrians in design. Officer concerned over pedestrian conflicts on shared route to school/shop; conditions address via fencing, banksmen and time bans.
General Policy 2
Permits development compliant with Area Plan if no adverse amenity/road safety effects (clauses g and i). Site aligns with St John's Local Plan but officer deemed highway impacts unacceptable; Committee approved with safeguards.
Time limit
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.
Temporary use limit and restoration
Once the access route is laid out as shown in drawing 1030/PL100, the access route may be used for vehicles involved in the development of Area 1 as shown in the St. John's Local Plan for a period of 18 months. Once 18 months has expired the access into Area 1 must be closed off with a sod hedge to match the existing and all hard surfacing associated with the servicing of Area 1 from the access to the dwelling on plot 2 of PA 11/00241/B must be removed and returned to grass. Reason: in the interests of highway safety.
No excavated material removal
No excavated material may be transported from Area 1 on the St. John's Local Plan through the application site. Reason: in the interests of highway safety.
Pre-commencement provisions
Prior to the commencement of any work on the construction of the access or its use, there must be: i) an area available within Area 1 on the St. John's Local Plan for the parking of vehicles associated with the development of Area 1; ii) dedicated parking spaces clearly marked and available for use alongside the post office/general store for use by patrons of the shop and those living and visiting the area; iii) protective fencing erected, as shown in drawing 1030/PL102 received on 11th December 2014 for the benefit and safety of pedestrians crossing the site. Reason: in the interests of highway safety.
Restricted hours
Construction traffic associated with the development of Area 1 in the St. John's Local Plan may not use the access hereby approved between 0800-0900hrs, 1200-1300hrs and 1530-1630hrs during times when St. John's Primary School and Bunnscoill Ghaelgagh are operational. Reason: in the interests of highway safety.
Banksman requirement
A banksman must be on site to manage traffic and pedestrians crossing the site at all times that the construction site is operational. Reason: in the interests of highway safety.
Tree protection
All existing trees and hedges within the application site, with the exception of those shown to be removed on Drawing No 1030/PL100 compared with the existing survey drawing 01B, must be retained and afforded adequate protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site. Reason: to accord with previous decisions on this site and to enable the development to sit comfortably in its environment.
Applicant has seriously considered impacts; cognizance of school times and access needs; banksmen assist safety; parking restrictions and splays provided; previous conditions appropriate.
The original application for a temporary construction access was recommended for refusal by the Planning Officer due to highway safety concerns but approved by the Planning Committee subject to conditions after a site visit. The German Parish Commissioners appealed this approval, arguing the access would adversely affect safety on the congested Station Road near a school and shops. The applicant contended that improved visibility splays, no DIHS objection, and construction controls justified approval. The inspector found that despite improvements since a 2012 refusal, traffic and parking issues had worsened, making the access unsuitable for 6 dwellings over 18 months, though acceptable for 2; an alternative access existed. The Minister accepted the inspector's recommendation to allow the appeal and refuse the application contrary to GP2(h) and (i).
Precedent Value
This appeal reinforces that highway safety trumps land designations; minor improvements (visibility, markings) insufficient if congestion persists; alternative access options undermine 'no other way' arguments. Applicants must demonstrate robust traffic controls and no alternatives; parish/third-party evidence of local conditions persuasive.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
