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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00345/A Applicant : Mr David Davies & Mrs Wendy Davies Proposal : Approval in principle for construction of a temporary access road for construction traffic Site Address : Field 312711 Balladoyne Farm Main Road St Johns Isle Of Man

Case Officer : Miss S E Corlett Photo Taken : 23.04.2015 Site Visit : 23.04.2015 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE 1.1 The site is a parcel of land which lies to the south of the A1 Peel to Douglas Road. To the east of the site is Balladoyne Farm, a traditional farmhouse with its gable to the road. To the west is Westville, a relatively modern property whose curtilage extends around half way down the application site. Balladoyne Farm is also owned by the applicant.

1.2 The plans provided do not appear to be quite to the scale annotated on the plans. The frontage to the site is approximately 63m long and the site is around 86m long. The frontage is formed by a low hedge and stone wall which presently has daffodils, brambles and hawthorn within and behind it. There are two gates into the field, one at the western end of the frontage and the other to the east.

1.3 To the south of the site is land, together with the land to the rear of Balladoyne Farm which is identified on the St. John's Local Plan as being suitable for residential development of 6 dwellings. The development brief for this site also requires that construction traffic associated with its development must not use Balladoyne estate (see below). There have been various attempts to gain permission for the use of Balladoyne estate road for construction traffic as well as land to the south of the village post office (see Planning History). The latest application for the latter route was approved but is the subject of an appeal which has yet to be determined.

THE PROPOSAL 2.1 Proposed is the use of part of this field as a temporary access route for construction traffic in association with the development of the land to the south. The access will have visibility which accords with the relevant standards (although these are not stated) and the access route will be 4m wide.

PLANNING STATUS AND POLICY 3.1 The site is identified in the St. John's Plan which was adopted in 1999 as Open Space and within the proposed village Conservation Area. This field is specifically referred to at paragraph 3.1 as one which was specifically designated as Open Space from its previous designation as Residential, in order to acknowledge its contribution to the amenities of the

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village by being open and affording views of Slieau Whallian in the background and also offers a welcome break in development along the roadside at this point in the village. A policy is included which presumes against any development which would adversely affect the southerly open countryside views from Peel Road (OS/P/2).

3.2 The local plan also contains a development brief for Area 1 which is the land to the south of the application site, as follows: "POLICY: RES/P/1

2.11 RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED WITHIN DEVELOPMENT AREA 1 IN ACCORDANCE WITH THE FOLLOWING DEVELOPMENT BRIEF.

Development Brief a. The maximum number of units which may be developed on this site is six (6).

b. All dwellings shall be single storey (dormer accommodation will not be permitted).

c. No detailed application for development of any dwelling will be approved until such time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping, has been approved by the Planning Committee.

d. The application for the development of the site must include an indication of the temporary route to be used by construction traffic and such route must not be through the Balladoyne estate. Such a temporary route must be removed and the site made good when construction works are completed.

e. Permanent access to the site after the development is completed may be taken through the Balladoyne estate.

f. No development may commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Department. Such a scheme must be included as part of any detailed application for consideration and the applicant is strongly recommended to consult Manx National Heritage in this respect.

g. Whilst field 9378 (that immediately behind Balladoyne Farmhouse) has been included within the development area, this land may only be used or developed in association with the existing adjacent properties (Balladoyne Farmhouse, "Allo" and 11, Balladoyne Estate and the building known as the Methodist Church) and may not be used for the erection of any new dwellings."

PLANNING HISTORY 4.1 As mentioned above, there have been applications submitted for the development of the land and for means of accessing the site for construction traffic.

4.2 PA 14/01419/B proposed the creation of a temporary construction access on land to the south of the village post office. This was approved on 26th February, 2015 and an appeal is in progress

The conditions attached to that approval were as follows:

1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

4.3 PA 14/01203/B proposed the erection of a detached dwelling with associated garage on the land to the rear of Westview. This application was approved on 21st November, 2014 and an appeal hearing was held on 10th March, 2015. A decision has not yet been issued.

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The conditions attached to that approval were as follows:

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

2. Prior to the commencement of works, a landscaping scheme shall be submitted to and approved in writing by the Planning Authority showing the trees to be planted as replacements for those proposed to be removed, together with a timetable for their planting, with particular regard to the introduction of new tree and shrub planting at the rear (north) of the site. The trees shall be planted in accordance with the approved landscaping scheme. If, within a period of 5 years from the date of planting, any tree is removed, uprooted, destroyed or dies, another of the same species and size shall be planted at the same place.

Reason: to enable the dwelling to sit comfortably within its environment.

3. All existing trees and hedges within the application site, with the exception of those shown to be removed on Drawing No 1030/PL01A 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 dwelling to sit comfortably in its environment.

4. There shall be no access for construction traffic through to the adjoining land to the east and access to the 2 dwellings shall be taken only from Station Road.

Reason: in the interests of highway safety and the safety and convenience of those living in the vicinity of the site.

5. During the construction of the development hereby permitted, deliveries of materials and equipment to the site by heavy goods vehicles shall be limited to times when school children are least likely to be using Station Road. Prior to the commencement of construction works, a schedule of delivery periods shall be submitted to and approved in writing by the Planning Authority and deliveries shall be made only during the agreed time periods.

Reason: in the interests of highway safety.

4.4 PA 11/00690/B proposed the residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road. This was refused at Appeal on 2nd April, 2012. This refusal related to the unacceptability of the access for reasons of highway safety.

4.5 PA 11/00241/B proposed the estate layout for two detached dwellings and garages with associated access road, drainage and other services and access for construction traffic to adjacent land on the land to the rear of Westview. This was approved at Appeal on 2nd April 2012, subject, inter alia to a condition which prevented the use of this site for construction access for vehicles associated with the development of Area 1.

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4.6 PA 08/01842/B proposed the erection of dwellings to plots 2, 4 and 6 and was refused at Appeal on 15th July, 2009. This was considered at the same time as PAs 08/02117/B for plot 3, 08/02137/B for plot 5 and 08/02143/B for plot 1. Concerns were expressed at the impact of the development of plots 1, 2 and 3 due to their impact on the view from the village but all of the applications were refused for the reason that there was not in place any provision for access or roads, considering the requirements of the local plan.

4.7 PA 08/01510/B was for the residential layout for six dwellings with layout of plots, roads and sewers and was refused at Appeal on 15th July, 2009 for reasons that there was no security about the means of access into the site for construction traffic in accordance with the provisions and requirements of the local plan.

4.8 PA 06/00371/A proposed the principle for a residential development of six dwellings. This was approved at Appeal on 2nd January 2007 subject to a condition which required that "Construction traffic must use only the temporary access indicated on drawing no. 4043/2; this temporary access must be removed and the land over which it passes must be restored to its current condition within one month of the completion of building operations; details of this access and the arrangement must be included in the application for Reserved Matters." This construction access is as is now proposed in the current application.

4.9 There is, effectively no detailed planning approval for any dwellings on Area 1 and a temporary construction access approved under PA 14/01419/B which is subject to an appeal.

REPRESENTATIONS 5.1 German Parish Commissioners do not wish to comment on this application for approval in principle, they will defer their comments for the full application (10.04.15).

5.2 An objection has been received from the owner of the land to the south of the application site. (08.04.15). He is concerned that the plans lack any topographical information, do not indicate that trees will be removed and do not clarify how appropriate sightlines will be achieved, if they can be. He believes that the works would be detrimental to the setting of Tynwald Hill and no information has been provided to indicate how traffic will be managed.

5.3 Department of Infrastructure Highway Services indicate on 26.06.15 that this application is to provide a temporary access to facilitate construction on an adjacent site. The proposal is feasible subject the design criteria detailed in the proposed conditions:

Proposed Conditions:

1. An application for reserved matters shall include a detailed design that address the following issues: the access road shall be of sufficient width to accommodate access by an HGV when there is an HGV waiting to exit the site; the radius of the access shall permit all turning manoeuvres to be carried out within the appropriate traffic lane and the site without blocking oncoming traffic; visibility of at least 40m shall be available in each direction; wheel washing facilities to prevent deposit of debris on the highway.

Reason: to ensure minimal impact on the traffic flow and highway safety of the adjacent highway network.

2. There shall be no discharge of water onto the highway from the land.

Reason: to ensure the integrity of surface drainage infrastructure and in the interests of highway safety.

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5.4 An objection has been received from the owner of Westville which lies immediately to the west of the site (24.04.15). She is concerned that the proposed road will be close to the rear extension which she occupies and which is not shown on the submitted plans and that the noise and vibration of the vehicles will adversely affect her living conditions and may also adversely affect the trees on the mutual boundary including the need for trimming some of the trees back as they overhang the route. The access point is close to two parking spaces, two of which are reserved for disabled users and close to a busy part of the village. The use of the access as proposed would necessitate the loss of the parking spaces.

ASSESSMENT 6.1 It is fully accepted that the introduction of an access in the location proposed would have a visual impact on the village and on the setting of Tynwald Hill and St. John's Church which are identified as being of importance. It is also the case that when development has been considered for Area 1 in the past, after the adoption of the St. John's Local Plan which identifies the sensitivity of the village centre and setting of Tynwald Hill, one of the acceptable means of access for construction traffic was the route which is now proposed. Nothing has changed since that decision either in terms of the context of the site or the planning policy, which should result in a different conclusion being reached. As such, it is considered that the principle of a construction access to serve Area 1 through the application site, is considered acceptable.

6.2 If is imperative that such an access should be safe in terms of pedestrian and vehicular movements and as such it is particularly important that Department of Infrastructure Highway Services are supportive of the scheme, as indeed they were of the scheme which proposes access from Station Road. Whilst the application is in principle only, Department of Infrastructure Highway Services is content that the access way could be designed in such a way that it is safe.

6.3 The proposed access will have a greater visual impact that that approved off Station Road although the proposed access will have a significantly less impact on highway safety as there is no pedestrian footway on this side of the road and thus pedestrians will come into much less contact with the construction traffic and it will not affect existing businesses and residential property in the same way that the access off Station Road would. Whilst it may result in the loss of parking spaces on the road, so would the access off Station Road (no vehicles would be able to use the existing parking spaces alongside the stores whilst construction traffic were using the access. As such, it is not considered acceptable to simply say that there is in place another means of accessing the development site, if that access is not ideal, which it is considered not to be. Neither is the proposed access ideal but it is comparable with what has already been considered acceptable and has some advantages over the alternative from Station Road.

6.4 The application site is all of the proposed field and as such it would be possible, if there were a concern for the living conditions of those in Westville as well as the health of the trees alongside, to relocate the route further from the boundary to avoid this impact. That would be a matter for the reserved matters application.

6.5 On balance, it is considered that the application should be approved subject to conditions regarding highway safety.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;

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(c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

The owner of the land to the south of the application site The owner of Westville

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 26.06.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. 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.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

C 2. Application for approval of the reserved matters shall be made to the Department 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.

Reason: To avoid the accumulation of unimplemented planning approvals.

C 3.

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Approval of the details of siting, design, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

C 4. The application for reserved matters must include a detailed design that addresses the following issues: the access road shall be of sufficient width to accommodate access by an HGV when there is an HGV waiting to exit the site; the radius of the access shall permit all turning manoeuvres to be carried out within the appropriate traffic lane and the site without blocking oncoming traffic; visibility of at least 40m shall be available in each direction; wheel washing facilities to prevent deposit of debris on the highway.

Reason: to ensure minimal impact on the traffic flow and highway safety of the adjacent highway network.

C 5. There shall be no discharge of water onto the highway from the land.

Reason: to ensure the integrity of surface drainage infrastructure and in the interests of highway safety.

C 6. The application for the reserved matters must demonstrate that the route for construction traffic is a sufficient distance from the boundary with Westville so as not to adversely affect the living conditions of those in that property and also would not adversely affect the health and longevity of the trees along this boundary.

Reason: in the interests of the amenities of the area.

C 7. The access may only be used and available for use to facilitate the development of fields 312909 and 314758 and must upon completion of said development or at a time two years from the date of commencement of the use of the access, must be closed off and the route restored to agricultural field.

Reason: in the interests of the amenities of the village.

--

This approval relates to the drawing received on 27th March, 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...PER... Committee Meeting Date:...13.07.2015

Signed :...S CORLETT...

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Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (condition 7 was added by request of the Committee).

Signatory to delete as appropriate YES/NO