15 April 2004 · Minister for Local Government and the Environment
Westwood, Douglas Road, Ballabeg, Castletown, Isle Of Man, IM9 4ef
The proposal involved forming a new vehicular access and hardstanding area in the side garden of Westwood, a detached residential property fronting the busy A7 Douglas Road, to allow parking of additional vehicles off the highway rather than on the front driveway or roadside.
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The Planning Committee refused based on Highway Division objections that sight lines did not conform to standards, the Ballasalla sight line relied on land outside the applicant's control, and vehicle…
Time limit
The development, hereby permitted, shall commence before the expiration of four years from the date of this decision.
Turning facility
Before the hard standing is used for the parking of vehicles a turning facility shall be provided to the satisfaction of the Planning Authority.
No objection in principle subject to no discharge of surface water to foul drainage and protection of public sewer (min 3m clearance)
no comments
preferable to existing situation where vehicles remain on the road
DOT Drainage has no objection subject to conditions on surface water discharge and public sewer protection; DOT Highways objects due to inadequate sight lines and reversing onto busy road; Arbory Parish Commissioners have no comments.
Key concern: Sight lines proposed for the additional drive do not conform with DoT Highways standards
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to: - There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); Public sewerage crosses this site. The line of the sewer(s) must be identified before development work commences.
Conditions requested: NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); If existing drainage discharges to foul sewerage system then alternative means of surface water disposal must be provided; line of the sewer(s) must be identified before development work commences; sewer(s) must be fully protected whilst all building works are being carried out; No part of the proposed development may be constructed, nor any trees planted, within THREE metres of any public sewer
Department of Transport Highways Division
ObjectionSight lines proposed for the additional drive do not conform with DoT Highways standards.; In any event, the sight line in the Ballasalla direction relies on land outside the applicant's ownership and control.; The proposal would entail either reversing onto or off the highway, which is a busy secondary route, contrary to the interests of road safety.
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation to the forthcoming review, beyond the response in the initial letter.
Arbory Parish Commissioners
No Commentthe Commissioners have considered the above application and have no comments to make.
Arbory Parish Commissioners
No Commentmy Commissioners have no comments to make to the Inspector.; The Commissioners have no objection to this Appeal being considered on written submissions only.
The original application for creation of an additional vehicle hardstanding and access was refused by the Planning Committee due to substandard sight lines, reliance on land outside applicant's control, and reversing hazards on a busy road. The appellant argued the proposal meets Manx Roads 1 paragraph 11.19 standards for domestic parking, improves the existing dangerous parking situation by removing vehicles from the highway, and provides space for forward manoeuvring. The inspector agreed the current on-street and driveway parking creates hazards, found the 2.1m x 2.1m splay inadequate for an A-road but preferable overall with a conditioned turning facility, and recommended approval to significantly reduce risks to road users. The appeal was handled via written representations with a site visit on 6 September 2004.
Precedent Value
This appeal shows inspectors may allow sub-ideal accesses on A-roads if they demonstrably reduce existing hazards like on-street parking and reversing, especially with turning conditions. Applicants should provide clear evidence/photos of current problems and propose mitigations rather than perfect compliance.
Inspector: G Farrington