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The application site represents Field 334194, Lhagg Road, Dalby, Patrick. The Field is situated close to the junction with the A27 road.
The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant:
"The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
There are no previous planning applications considered relevant in the assessment and determination of this application.
The Department of Transport Highways Division do not oppose this application subject to the provision of acceptable visibility splays.
The Manx Electricity Authority does not oppose this application subject to note relating to Building Control issues.
Patrick Parish Commissioners object to this application. Their objection may be summarised as concerns that there is no demonstrated need for the proposed access.
We have received no privately written representations in relation to this planning application.
This application seeks approval for the installation of an access gate into the field. The applicant has stated that this would allow a farmer owning adjacent land to access his fields which are situated off Niarbyl Road. It is suggested that this would provide improved access. The plans show an access way running through the field with a width of approximately 13.5 metres.
The issues to be considered in the assessment of this application are visual impact of the proposed development, the need for the development and highway issues.
In terms of visual impact, the proposed development would be relatively minor, consisting of a standard sized gateway being installed into a field boundary hedge.
Environmental Policy 1 of the Strategic Plan sets out that there must be a demonstrated need to outweigh the presumption against development in the countryside. It is considered that the existing access to the fields off Niarbyl Road is adequate. It is not considered that there has been a persuasive argument put forward to justify the proposed access.
The Department of Transport Highways Division has indicated no objection subject to visibility splays of 2m by 12m being achieved. Whilst this could be achieved, the access onto the A27, particularly when turning right is considered to be hazardous.
It is recommended that the application be refused.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways Division
Patrick Commissioners
Accordingly the following parties are not granted Interested Party Status:
The Manx Electricity Authority
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1. It is not considered that there is sufficient justification for the proposed field access to warrant the setting aside of policies aimed at protecting the Manx countryside from development.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made: Refused Date: 23.10.108
Signed: [Handwritten signature] Mrs F Mullen Senior Planning Officer
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