30 June 2003 · Minister for Local Government and the Environment
Tree Cassyn, Tromode Road, Douglas, Isle Of Man, IM2 5ej
The proposal sought approval in principle for demolishing an existing single-storey garage and building a new two-storey dwelling with garage in the rear garden of Tree Cassyn, a detached house on Tromode Road in Douglas.
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The Planning Committee refused due to unsuitable access track and junction with Tromode Road for traffic including public service vehicles, and likely immediate or eventual loss of mature trees.
Time limit for reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Services in relation to trees
No development shall commence until a plan has been submitted to and approved by the Planning Committee, showing the position of all services, in relation to the trees on the site.
Access construction details
No development shall commence until a plan has been submitted to and approved by the Planning Committee, showing details of the means of construction of the access to the site.
Access construction prior to occupation
The dwelling shall not be occupied until the access has been constructed in accordance with the approved details.
Visibility splay plan
A plan shall be submitted to and approved by the Planning Committee, showing a visibility splay across the frontage of the appeal site.
Visibility splay prior to occupation
The dwelling shall not be occupied until the visibility splay has been constructed in accordance with the approved details.
Tree/shrub protection during construction
A scheme shall be submitted to and approved by the Planning Committee, showing the measures to be used to protect trees and shrubs during the construction period; the approved scheme shall be implemented before development commences and shall be retained thereafter until the development is complete.
no views, having been considered and having no adverse traffic impacts
Douglas Borough Council objected to the application as unsuitable back land development; Department of Transport initially had no objection but later objected due to sub-standard access sight lines and road safety risks.
Key concern: dangerously sub-standard access sight lines and road safety risks
Borough of Douglas
Objectionthe Authority wish to raise an objection to the application on the grounds that the proposed would be "back land" development and so is unsuitable for a dwelling.
Department of Transport Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Department of Transport
ObjectionClearly the access is dangerously sub-standard in regard to sight lines in both directions, especially as there is no footway adjacent to the site.; The use of the existing private lane for access on to Tromode Road would place additional traffic on to a junction with Tromode Road, where there are inadequate sight lines available for emergency vehicles, contrary to the interests of road safety.
Borough of Douglas
No CommentDouglas Corporation does not wish to add to the observations previously submitted
The Planning Committee refused the application on 27 June 2003 (confirmed 19 September 2003) for reasons of inadequate access/track/junction suitability and likely loss of mature trees. The appellant submitted a tree survey showing sufficient space outside tree canopies and proposed conditions for access improvements including a visibility splay and permeable paving. The Council accepted no adverse impact on neighbouring amenity or space but maintained concerns on access sight lines (supported by later DOT objection) and potential tree loss, though suggested conditions could mitigate if approving. The inspector found current visibility negligible but concluded a full site frontage visibility splay (over 20m) via condition would provide satisfactory access, and the tree survey evidenced minimal loss of unremarkable trees with permeable drive and conditions for protection. The inspector recommended allowing the appeal and reversing the refusal with seven conditions including time limit, services plans, access construction, visibility splay, and tree protection.
Precedent Value
This appeal demonstrates that infill/backland development in residential areas can succeed with strong technical evidence (e.g. arboricultural surveys) and acceptance of pre-commencement conditions for access visibility and tree protection, even overturning highway authority objections. Future applicants should prioritise comprehensive site-specific surveys and propose proactive mitigation via conditions.
Inspector: R E Wilson
